Featured documents
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:
Most recent Practice notes
Introduction This Practice Note offers a concise overview of how Brexit-related publications and announcements have affected the UK oil and gas sector, and what this means for the industry after IP completion day. On 23 January 2020, the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into domestic law. Consequently, under EU( WA) A 2020 the UK continued to be legally subject to EU law throughout the transition/implementation period set out in the Withdrawal Agreement. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period ended. From that moment (defined in UK law as ‘ IP completion day’), key transitional measures ceased and substantial changes started to operate across the UK’s legal framework. On 24 December 2020, the European Commission and the UK...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention...
For a fuller analysis of regulation, consenting and incentivisation within the net zero energy shift under the laws of England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers detailed treatment of themes addressed in this Practice Note. This Practice Note outlines the proposed Gas Shipper Obligation ( GSO), a levy upon licensed gas shippers in Great Britain ( GB). It describes the GSO and identifies its legal footing, geographical reach, administrator, the method of calculation and charging, credit support obligations, potential exemptions, and linkages with low carbon hydrogen production and blending. It highlights the principal policy developments informing the GSO’s design and considers practical consequences for market participants. It also signals where further guidance may emerge and how stakeholders might prepare. What is the GSO? The GSO is a proposed charge on licensed gas...
What is solar energy generation? Solar energy generation refers to converting sunlight into electrical power using solar panels made up of photovoltaic cells. When light lands on these cells it produces an electric field, which in turn drives an electrical current. Panels are usually placed on roofs or at ground level in locations with strong sunshine. Electricity produced can be used straight away or stored in batteries for later consumption. Key elements of a solar scheme also include buried cabling, a substation linking the project to the national grid, and an access road or track so construction, decommissioning and maintenance vehicles can reach the site. As a renewable, sustainable option, solar has become popular for its ability to cut dependence on non-renewable sources, reduce carbon emissions, and lower energy costs over time. For practical guidance on solar projects across various...
What is a GTMA? Electricity in Great Britain ( GB) is exchanged via a bilateral marketplace. No fixed template is mandated for trades. Nevertheless, the Grid Trade Master Agreement ( GTMA) has become the recognised standard contract for power trading, and is extensively adopted by generators, suppliers and traders to record a bilateral deal for the sale and purchase of electricity. For broader background on the structure of the GB power market, see Practice Note: The Great Britain electricity market—an introduction. First issued in 2001 by the Futures and Options Association (now absorbed into the global Futures Industry Association ( FIA)), the GTMA was designed for use following the launch of the New Energy Trading Arrangements ( NETA) (which, in 2005, gave way to the British Electricity Trading and Transmission Arrangements ( BETTA)). The GTMA was updated in 2004, and the majority now...
This Practice Note sets out practical guidance on the correct execution of simple contracts and deeds by administrative receivers... Quick view The summary below outlines the execution formalities relevant to administrative receivers and points to the location of matching precedent execution clauses. For more detail, navigate to the document type using the links in the first column... Document type: Simple contracts By the company ( Companies Act 2006, s 43(1)(a)): Using the company’s common seal, applied by the administrative receiver under the power in the debenture under which they are appointed — Execution clause—administrative receiver—contract ( Option 2). By the administrative receiver’s signature under the power granted in that debenture, signing in the presence of a witness — Execution...
This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and...
For comprehensive and authoritative commentary on regulating, consenting and incentivising the net zero energy transition under the law of England and Wales, see Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides thorough, in‑depth analysis of topics addressed in this Practice Note. How are renewable energy projects typically structured? In most renewable generation schemes (particularly where project finance features), a special purpose vehicle ( SPV) is formed to hold the assets and to enter into the key project contracts. Construction and operations are usually contracted out, and financiers may insist that main contractors sign direct agreements, deferring termination rights so the funders can exercise step‑in rights (these arrangements are not depicted in Diagram A below). That position will almost invariably apply where the renewable project is project financed. For additional practical guidance on financing energy, power and...
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For fuller and more detailed guidance on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 ( SIA 1978), consult Practice Note: State immunity in proceedings relating to arbitration ( England & Wales). In addition, for additional Practice Notes covering state immunity across a range of jurisdictions around the world (including China, Russia and Singapore), refer to the ‘ State immunity’ subtopic: State immunity and arbitration—overview. In the modern global economy, commercial actors regularly deal with states and entities owned or controlled by states when pursuing overseas investment prospects or entering into cross-border agreements. As with dealings exclusively between private parties, participants in such international arrangements are increasingly selecting international arbitration to resolve prospective disputes rather than pursuing court...
Introduction This Practice Note offers rapid links to our Planning materials relevant to varied renewable energy and storage schemes across England and Wales. Arranged by project/technology category, it provides an at a glance pathway into our Planning practical guidance pertinent to the particular project you are undertaking and working on. Renewables Generation and Storage Projects Project/ Technology Type Key of relevance to your specific project......
Introduction A joint study and bid agreement ( JSBA) is typically a contractual framework widely used in the oil and gas sector when several parties are weighing up a combined bid for a petroleum agreement. Ordinarily, international oil companies receive opportunities over oil and gas acreage through a host government bid round, in which the host Government encourages rivalry among industry participants for the grant of certain oil and gas exploration and production rights. Applications and bidding can also proceed ‘out of round’ on an ad hoc basis. Commonly, the host government will set out relevant deadlines, technical criteria, and procedures to be observed by interested oil companies during the bidding phase, to be followed as part of the bidding process. A JSBA is a concise, unincorporated joint venture that defines the limits within which the parties will apportion...
Background Decommissioning nuclear sites means addressing redundant plants that have finished their working lives. Planning for this work runs in parallel with the licensing framework overseen by the Office for Nuclear Regulation ( ONR). Its goals are to return the land to a condition suitable for alternative use, and to achieve both de-licensing and de-designation of the site. ONR identifies two decommissioning strategies used or considered in the UK: Immediate dismantling removes structures and radioactive materials soon after shutdown, aiming for swift release from nuclear regulatory oversight and constraints on future use. Deferred dismantling places the facility, including some or all radioactive material, into a safe storage state once nuclear fuel has been taken out. The plant is then decontaminated and taken down later, often several decades...
This Practice Note sets out duties on energy market participants in Great Britain under Retained Regulation ( EU) No 1227/2011, referred to as ‘ GB REMIT’. It explains REMIT’s purpose and scope in Great Britain ( GB); the responsibilities of market participants and other participants in the market; the bans on insider dealing and market manipulation; and practical steps for publishing and disseminating inside information. The Practice Note also addresses key enforcement provisions and measures in GB. What is the impact of Brexit on GB REMIT? Brexit played a significant part in shaping GB REMIT, which had previously aligned with the (broadly) corresponding EU REMIT, as explained further in the sections below. Following Brexit, regulatory divergence between GB REMIT and EU REMIT is expected to grow as the frameworks develop separately over time. Great Britain At precisely 11 pm ( GMT) on 31 December 2020, the Brexit...
For more hands-on guidance on pivotal legal matters in the wind sector, consult the textbook Wind: Projects and Transactions for practical depth and context, for further reading and reference. What is onshore wind energy generation? Onshore wind energy is produced by installing wind turbines on land to harness moving air so as to turn it into electricity. As air streams past the blades, the rotor spins, thereby driving the generator within the nacelle and converting kinetic energy to electrical power. Wind turbines have five principal components, namely: rotor blades rotor hub generator (housed in the nacelle) tower foundation Further essential features of onshore wind schemes include cabling usually buried underground, a substation linking the project to the national grid, and an access road or track enabling construction, decommissioning and maintenance vehicles to reach the site during all project...
For additional practical guidance on key legal issues in the wind sector, see also the textbook: Wind: Projects and Transactions. What is a 'generating station'? There are several different statutory definitions of a ‘generating station’ depending on context; however, for planning purposes the term will generally be accorded its plain or ordinary meaning, with the proviso that section 235 of the Planning Act 2008 ( PA 2008) imports the inclusive definition in section 64 of the Electricity Act 1989 ( EA 1989) for all purposes other than Part 11. In all other parts, for a generating station wholly or mainly driven by water, ‘generating station’ includes every structure and work for holding or channelling water for a purpose directly connected to the generation of electricity by that station. Planning permission for generating stations at or under 50 megawatts ( MW) Onshore power station...
Issue Details Convention on Early Notification of a Nuclear Accident Parties: 136 (including 4 non- State parties) Location: Vienna Adopted: 26 September 1986 Came into force: 27 October 1986 Subject: Requirement for prompt notification of nuclear accident What is the background to the 1986 Vienna Convention? The Convention on Early Notification of a Nuclear Accident creates a system to alert other States about nuclear events with potential transboundary releases of radiological safety significance. Triggered by the USSR’s failure to share information promptly after Chernobyl, it compels States to provide the accident’s timing, location, details of radioactive releases, and other data vital for assessing the situation. Notices must be sent to potentially affected States directly or via the International Atomic Energy Agency ( IAEA), and to the IAEA itself. Reporting is obligatory for nuclear accidents linked to the facilities and...
Introduction to common participants in the market The oil and gas sector is a major contributor to the UK economy: It supports around 152,000 jobs, both directly and indirectly It accounted for 0.8% of GDP in Q2 2015, down from a peak of 2.5% in Q2 2008 Government revenues from production in 2016/2017 were £1.2bn The UK is Europe’s second largest oil producer and the third largest gas producer Historically, the industry has been buoyant, with limited involvement from insolvency practitioners. In 2010, there were only four insolvencies in the sector. However, when oil prices fell to a record low in 2015, the number of insolvencies increased to 28 that year. Due to its maturity, the UK continental shelf is among the more expensive regions globally for oil production: before the 2015/2016 downturn, producing a barrel in the UK cost about US$40, compared with under US$5 in Kuwait. These costs have...
The National Security and Investment Act 2021 ( NSI Act) The National Security and Investment Act 2021 ( NSI Act) took full effect on 4 January 2022. It empowers the UK government to scrutinise and intervene in a broad range of acquisitions involving certain business entities and assets, described as ‘qualifying entities’ and ‘qualifying assets’, across 17 defined sensitive areas, with the overarching aim of preventing deals that could threaten the UK’s national security. Acquisitions of qualifying entities carry mandatory notification obligations and must be cleared by the government before completion. In addition, the government may ‘call in’ any transaction concerning a qualifying entity or qualifying asset for an in-depth assessment where a national security concern is identified, irrespective of whether a mandatory filing applies. Following review, the government can impose conditions on a deal, or unwind or block it...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Introduction to the Energy White Paper On 14 December 2020, the Department for Business, Energy and Industrial Strategy ( BEIS) released the long-anticipated Energy White Paper. It builds on policy pledges in the Prime Minister’s ten-point plan for a Green Industrial Revolution (the ‘ten-point plan’) and the National Infrastructure Strategy, both issued in November 2020, and sets out how the UK plans to reach net zero by 2050. BEIS suggests the measures within could cut emissions across power, industry and buildings by up to 230 Mt CO2e to 2032 and sustain up to 220,000 jobs each year by 2030. For further details on the ten-point plan and the National Infrastructure Strategy, see: LNB News 18/11/2020 25 and News Analysis: The National Infrastructure...
Popular documents
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 ]...
Discover more from LexisNexis
