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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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Practice Note This Practice Note sets out a summary of the new cap-and-floor subsidy framework brought in by the UK government to back Long Duration Electricity Storage ( LDES) projects across Great Britain ( GB). It excludes subsidy arrangements for LDES in Northern Ireland, as these are beyond the territorial remit of the framework. It is strictly limited in territorial scope and application within GB only. The LDES subsidy scheme has been launched, in the first instance, to enable delivery of new (or materially refurbished existing) LDES assets from 2030 onwards, with an initial track aiming for delivery by 2030 and a second track targeting delivery by 2033. The first application window under the programme (covering both tracks) opened on 8 April 2025 (see: LNB News 08/04/2025 20) and closed on 9 June 2025. Eligible LDES assets will at the outset receive...
For fuller analysis of regulation, consenting and incentivisation for the net zero energy transition under the law of England and Wales, see also Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides in‑depth discussion of issues addressed in this Practice Note. This Practice Note follows major developments and expected next steps in relation to the creation and operation of Great British Energy ( GB Energy). GB Energy is a company wholly owned by the government (operationally independent). Established by the Department of Energy Security and Net Zero ( DESNZ), it is intended to accelerate the roll‑out and deployment of clean energy across Great Britain. Do not confuse GB Energy with Great British Energy‑ Nuclear (previously Great British Nuclear, retitled on 10 June 2025). Although allied and publicly owned with a common mission, they are nonetheless distinct and separate...
For fuller analysis of how the net zero shift is regulated, consented and incentivised in England and Wales, refer to Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That text explores, in detail, many of the themes addressed in this Practice Note. What is Great British Energy? Great British Energy ( GB Energy) is a UK government-owned company, created by the Department for Energy Security and Net Zero ( DESNZ) to speed up clean power deployment nationwide. It will participate across the value chain—investing in, producing, distributing, storing and supplying clean energy—to strengthen energy independence and security. Its remit spans emerging technologies including floating offshore wind, tidal generation, hydrogen and carbon capture, while also quickening the expansion of established solutions like wind, solar and nuclear. GB Energy is more than a funding platform; it will own, run and operate projects,...
What is the ECO? The ECO is an energy‑efficiency programme obliging major energy suppliers to install efficiency measures across existing homes and other domestic premises. It mandates support and finance of about £1bn per annum (at 2022 prices). Its focus is on helping to fit energy‑saving upgrades in low‑income households and neighbourhoods, and in hard‑to‑treat properties. ECO superseded earlier initiatives aimed at cutting carbon and saving energy in homes—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. It pursues four policy goals: alleviating fuel poverty and supporting progress towards fuel poverty targets cutting carbon emissions lowering the cost of meeting the UK’s renewable energy target by promoting energy efficiency stimulating innovation across the sector ECO operates under secondary legislation: the Electricity and Gas ( Energy Company Obligation) Order 2022, SI 2022/875 (the ECO 2022 Order). The ECO 2022 Order was...
Types of tidal and wave technologies Tidal energy encompasses methods that capture the force of ocean water surging during the ebb and flow of tides. At present, tidal power falls into three principal types: tidal stream, tidal barrage and tidal lagoon. Tidal stream employs carefully sited turbines, either floating or fixed to the seabed, to extract energy from moving water as the tide comes in and goes out. Barrages are constructed across rivers, bays or estuaries, acting as a dam that holds water as the tide rises and releases it through turbines to generate power. Tidal lagoons are comparable to barrages, retaining water within a man-made coastal structure and generating power through turbines as the lagoon fills and empties. Wave energy describes technologies that harness kinetic energy from changes in the height and speed of ocean swell. Wave power is still in its infancy and there is no...
Introduction to geothermal energy Geothermal energy is the heat stored within the earth’s sub-surface. For the renewable power projects considered in this Practice Note, it means producing electricity by applying a range of technologies that use geothermal heat as the primary thermal input. For countries that can tap appropriate resources, geothermal generation can be central to the energy transition, tackling the familiar dilemma that arises when diversifying away from conventional plant towards renewables: how to secure a reliable, sustainable baseload supply in the absence of proven, large-scale, long-term battery storage. It also offers an important edge over pipeline gas and Liquid Natural Gas ( LNG)—another contributor of baseload capacity that still features in the transition, particularly in developing markets, by virtue of being cleaner than coal—because it is indigenous. Consequently, it cuts reliance on, and exposure to, the global hydrocarbon value chain and...
What is the physical infrastructure of the GB electricity market? In summary, the physical backbone of the Great Britain ( GB) electricity market falls into the following parts: generators—plant that creates electricity. These units link to the system commonly called ‘the grid’ so they can ‘export’ power for delivery to the consumer’s premises. For further detail on generators, see Practice Notes: Great Britain electricity generation, distribution and supply licensing and exemptions regime and The Great Britain electricity market—an introduction interconnectors—high‑voltage links between the electricity systems of two countries, enabling cross‑border trading. They share several physical features with offshore transmission lines, yet are licensed separately and are subject to different regulatory obligations. For more information, see Practice Notes: Great Britain electricity interconnectors and The Great Britain electricity market—an introduction transmission system—the ‘national electricity transmission system’ ( NETS) comprises multiple...
What is the impact of Brexit on the GB electricity market (including in relation to EU law applicable to transmission licencing)? As at 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. From that date, an implementation period commenced during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period established following the UK’s withdrawal from the EU came to an end. At that moment in time (known in UK law as ‘ IP completion day’), core transitional measures expired and far‑reaching changes started to take effect across the UK’s legal framework. The European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) obtained Royal Assent on 26 June 2018......
Introduction This Practice Note sets out the principal documents usually required at financial completion of an onshore wind farm or large scale ground mounted photovoltaic (pv) solar project in Great Britain ( GB), together with concise explanations of each. It is prepared on the basis of a primary transaction in which a special purpose vehicle ( SPV)—commonly termed ‘ Project Co’ and referred to as Project Co in this Practice Note—owns and finances the project, and at close the following are executed or provided: project documents (energy and operations, property, planning, and construction) project finance documents shareholder finance documents associated due diligence reports, legal opinion and other ancillaries Nevertheless, this documents list can also serve as a reference in a secondary market onshore wind farm or solar transaction, since many documents needing review and/or amendment will be identical. For a...
ARCHIVED: This Practice Note is archived and no longer maintained. Background and scope For a comprehensive overview of the nature and functions of the companies within the National Grid plc group, refer to Practice Note: The role of National Grid in the Great Britain energy market. This Practice Note sets out, in detail, how the Transmission Owner ( TO) and System Operator ( SO) roles and licences were unbundled in 2019 between National Grid Electricity Transmission plc ( NGET) and National Grid Electricity System Operator Limited ( NGESO). The National Energy System Operator ( NESO) will be a new, independent public body established under the Energy Act 2023, which received Royal Assent on 26 October 2023. NESO’s remit includes operating the Great Britain electricity system, i.e. taking on the SO function previously carried out by NGESO. Once NESO becomes operational, NGESO will no longer exist....
Introduction This Practice Note outlines the principal documents commonly required at financial close for a merchant waste to energy project, together with a brief summary of each. It is prepared on the basis of a primary deal where a special purpose vehicle ( SPV)—typically known as ‘ Project Co’ and referred to as Project Co in this Practice Note—owns and funds the project, and where the following are executed or provided at financial close: project documents (energy and operations, property, planning, environmental and construction) project finance documents shareholder finance documents associated due diligence reports, legal opinion and other ancillaries That said, this list can equally serve as a reference point for a secondary market merchant waste to energy transaction, since many documents requiring review and/or amendment will be the same. For a companion template of this completion documents list, without document...
Key primary resources on closure of the Fi T Government consultation dated 19 July 2018 on the outlook for new small scale renewables after Fi T closure, with a follow-up on 8 January 2019: The Future for Small- Scale Low- Carbon Generation: a call for evidence ( Future Support Consultation) Government consultation (19 July 2018) and decision (18 December 2018) confirming Fi T closure: The Feed- In Tariffs scheme—closure to new applications after 31 March 2019, and administrative measures ( Fi T Closure Consultation) The Feed-in Tariffs ( Closure, etc) Order 2018, made 17 December 2018 and effective from 1 February 2019: SI 2018/1380 ( Fi T Closure Order) Ofgem FAQ covering the end of the Fi T: FAQ: FIT scheme closure ( Ofgem Fi T Closure FAQs) Ofgem guidance on winding down the Fi T: Feed-in Tariffs: Essential guide to closure of the scheme ( Ofgem Fi T...
What are the Capacity Market Rules? The Capacity Market ( CM) was established by the UK government to secure dependable electricity capacity by encouraging private sector commitment and investment, thereby protecting security of supply in Great Britain ( GB). After extensive consultation, the CM was brought forward using powers in the Energy Act 2013 ( EA 2013). The principal instrument giving effect to the CM is the Electricity Capacity Regulations 2014 (the Capacity Regulations), SI 2014/2043, as amended. Alongside the Capacity Regulations, SI 2014/2043: section 34 of the EA 2013 empowers government, via the Secretary of State, to create and revise Capacity Market Rules ( CM Rules) that supplement secondary legislation made for the CM regulation 77 of the Capacity Regulations, SI 2014/2043, authorises the Gas and Electricity Markets Authority ( GEMA) to make or amend CM Rules governing the CM’s...
Income sources for a storage scheme hinge on the relevant electricity market, the technology deployed, the size of the project and whether it runs behind the meter to meet a specific site’s needs or is connected to the grid. Storage can generally extract value through some or all of the following: supplying grid services (frequency response, Capacity Market income, demand-side response) market price arbitrage smoothing generation output and avoiding imbalance charges in a hybrid model where an underlying (typically intermittent) electricity generation plant is co-located with a storage unit These income streams are explained in more detail below. All such revenue forms are described in further detail below. More detail is provided below. Investors usually want the flexibility to stack (i.e. combine) revenues, perhaps relying on different sources at different times of day or year, whilst debt financiers will look for a longer-term contracted base revenue stream to...
Brexit impact At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period ended, following the UK’s withdrawal from the EU. At that point—termed in UK law ‘ IP completion day’—core transitional arrangements ceased and far‑reaching changes started to operate across the UK’s legal system. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a new category of domestic law—retained EU law ( REUL)—comprising EU‑derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 reforms the treatment of REUL by: revoking substantial amounts of REUL from 31 December 2023 re‑labelling REUL as ‘assimilated law’ from 1 January 2024 creating new powers in relation to...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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