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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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This Practice Note sets out the purpose and importance of time of the essence clauses in commercial contracts. It outlines the general rule and its exceptions, and considers practical points for both supplier and customer when evaluating time of the essence provisions in supply of goods or services agreements. For a Precedent time of the essence clause with detailed drafting notes, see Precedent: clause. See also: Drafting and negotiating a time of the essence clause—checklist. For discussion of time of the essence clauses in the context of: construction contracts, see Practice Note: —construction contracts rent reviews, see Practice Note: A guide to rent review for property lawyers— When is time of the essence? Consequence of a time of the essence clause Where a contract stipulates that ‘time is of the essence’ for the performance of an obligation, there is a...
For additional practical guidance on solar projects, including perspectives from multiple jurisdictions, see the textbook Solar Power: A Practical Handbook. What is solar PV? Photovoltaic ( PV) technology converts solar energy into electrical power. The term ‘photovoltaic’ is formed from: photo, taken from the Greek for light, and volt, the unit of electromotive force, linked to electricity pioneer Alessandro Volta PV materials transform light energy into electrical energy, as demonstrated in 1839 by French physicist Edmond Becquerel, who showed that sunlight could generate an electric current within a solid. It was more than a further century before scientists established that the photoelectric, or photovoltaic, effect enables certain materials to convert light into electricity at the atomic scale. PV technology components Cells and modules Typically, PV systems are made up of PV cells, usually comprising one or two layers of silicon or similar materials, connected in series to form...
STOP PRESS: The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. This content is presently being reviewed in line with the Act. What is section 36 of the Electricity Act 1989? Section 36 of the Electricity Act 1989 ( EA 1989) places a statutory obligation on anyone proposing to construct, expand or operate an electricity generating station to secure consent from the ‘appropriate authority’—that is, the Secretary of State ( So S), Scottish Ministers or Welsh Ministers, depending on the location—unless an exemption applies. Exemptions exist for particular capacities and types of generating stations, for example onshore wind stations in England and Wales, and projects authorised under other legislative consents such as the Planning Act 2008 ( PA 2008). With the advent of the development consent regime under PA 2008, the need to seek consent under EA 1989, s 36 has been...
What is offshore wind energy generation? Offshore wind energy generation captures the movement of air using turbines placed in open waters, most commonly at sea. These offshore turbines feature blades that turn a rotor connected to a generator, mounted on either fixed or floating foundations and secured to the seabed. As the wind rotates the rotor, the generator transforms that mechanical motion into electricity, which is then delivered to the electrical grid via underwater cables for use by end-users. While offshore and onshore wind farms have much in common, a notable difference is how steadily they can produce power. Output from wind is largely driven by wind conditions, which can vary widely. At sea, wind flow faces fewer obstacles and is therefore generally stronger and more consistent, so offshore turbines are engineered to harness this—offering far higher capacities, typically 8–12 megawatts ( MW), compared with...
Reasons for reporting greenhouse gas emissions Over the past decade, expectations on businesses and public bodies to disclose greenhouse gas ( GHG) emissions have steadily escalated, creating growing momentum for transparent reporting. Analyses of climate impacts—most notably assessments from the Intergovernmental Panel on Climate Change ( IPCC)—together with tangible extreme weather events across the real world, have sharpened this pressure by underscoring the urgent need to cut emissions. Global accords, including the 2015 Paris Climate Agreement and the UNFCCC Conferences of the Parties ( COP), further amplify the drive on organisations and authorities to curb GHG releases. For further detail on the Paris Agreement and recent COP gatherings, see Practice Note: The Paris Agreement 2015—snapshot. Within the UK, the Climate Change Act 2008 imposes binding obligations on government to cut national carbon emissions, including a statutory requirement for the UK to reach net zero carbon by...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘ Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q& A on using electronic signatures and completing virtual executions, including ‘ Our position on the use of virtual execution and e‑signature during the coronavirus ( COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that stage. For more...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Competitions launched on or after that date must proceed under PA 2023, while procurements initiated under earlier regimes — the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and administered under those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Scope and application of the Utilities Contracts Regulations 2016 The Utilities Contracts...
This guide This guide supports organisations to pledge to quantify, oversee and disclose their greenhouse gas emissions; to adopt legally binding, enforceable emissions-reduction targets; to consider and satisfy reporting and disclosure obligations, in particular regarding scope 3 emissions; and to commit to a transition plan that aligns their operations with Paris Agreement goals. These sustainability clauses were created by The Chancery Lane Project ( TCLP) and are linked to on the TCLP website below. For detailed, step-by-step guidance on how to measure, manage, reduce and report emissions, please consult the guide provided by TCLP. TCLP is the code name for a focused and collaborative initiative of lawyers from around the world, working together to develop new contracts and model laws to help fight climate change. For more information, see:...
The purpose and scope of petroleum agreements For a private sector participant (the ‘investor’) to undertake oil and gas exploration and production ( E& P) onshore or offshore, the investor must secure approval from the ultimate owner of the hydrocarbons, which is ordinarily the host state. State ownership may arise under a constitution (for example, Iran) or pursuant to statute (for example, the UK). Such approval is generally structured in one of three ways—though numerous hybrids combine elements of these models: a concession (in contemporary usage, a licence or a lease), a production sharing contract (a ‘ PSC’), or a service contract. In this Practice Note, these arrangements are collectively termed ‘petroleum agreements’. A petroleum agreement sets the parameters within which an investor conducts E& P operations in a specified area. It typically covers a broad array of matters, the key ones being...
Introduction Typically, oil and gas licence holders put in place separate joint operating agreements ( JOA) to govern their relationship and the way they intend to collaborate on exploration, development and production under a particular licence. For broader guidance on joint operating agreements in the sector, see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreement—key clauses. There are, however, situations where hydrocarbon reserves ‘straddle’ two or more licences that would otherwise be unrelated. In such cases, the following connected questions arise: how parties under different licences can produce hydrocarbons from these fields while sharing an objective of maximising potential without needlessly depleting the field how any revenues generated by operations conducted across two (or more) distinct licences should be allocated how to establish the respective interests of each licence holder To address these matters, the oil and gas...
Before any nuclear power station proceeds to construction, its design is scrutinised to establish whether the social, economic, or other prospective gains genuinely outweigh the health hazards or any other detriments linked to exposure to ionising radiation. This formal appraisal is referred to as ‘regulatory justification’. Brexit impact— Euratom and the UK Nuclear Sector As at 31 January 2020 (exit day), the UK ceased to be an EU Member State. At exactly 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period drew to a close. From that point (termed ‘ IP completion day’ in UK legislation), key transitional measures came to an end and significant changes began to take effect across the UK’s legal framework. Departure from the EU likewise meant leaving Euratom. On 24 December 2020, the UK government confirmed it had reached agreement on the EU‑ UK Trade and...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
Background The United Kingdom Continental Shelf ( UKCS) comprises a intricate web of infrastructure evolved over many decades, much of it tailored to the requirements of individual fields, alongside a series of trunk lines. Over time, spare capacity has progressively appeared in pipelines and in processing plant on platforms. At the same time, as a mature basin, the UKCS is seeing smaller discoveries, and few fields remain large enough to justify building wholly new infrastructure. As a result, most new projects need to access third-party systems to reach the shore. In some situations, this involves tapping several separate links along an export route. On the surface, this promises a strong opportunity for both new field owners and infrastructure proprietors. Yet difficulties arise. For many new fields, options for export routing are limited, meaning normal competitive market dynamics may not function...
Infrastructure across the United Kingdom Continental Shelf ( UKCS) is intricate and tailored to the characteristics of each field. A web of connected pipelines carries hydrocarbons either to shore or to an offshore loading point. Along the way, these streams are processed or refined before entering the National Transmission Service or being sold into the market. Maps showing UK offshore infastructure The following maps from the North Sea Transition Authority ( NSTA), formerly the Oil & Gas Authority, help trace the path of individual fields to shore: NSTA map of UKCS offshore infrastructure NSTA offshore interactive map Key pipelines West of Shetland WOSPS ( West of Shetland Pipeline System): Schiehallion Field to Sullom Voe Terminal ( SVT); liquids pipeline; gas then routed via East of Shetland Pipeline System ( EOSP), Northern Leg Gas Pipeline ( NLGP) and Far North Liquids and...
The Master Deed is the standardised mechanism used across the United Kingdom Continental Shelf ( UKCS) to formalise asset transfers. It is long-established and addresses two strands: (i) pre-emption, and (ii) standardised transfer arrangements. Its four principal objectives are to: bring existing pre-emption provisions into a common form provide pro-forma transfer arrangements cut complexity around document execution, and deliver greater certainty over completion timing Structure The concept is embedded in the main body of the Master Deed, but most day-to-day operative provisions sit in the schedules, arranged as follows: main body — appoints the Administrator to operate the Master Deed processes and provides for new parties to join via a Deed of Adherence schedule 1 — lists the Contracting Parties at the date of signature schedule 2 — New Transfer Arrangements — whose Annexes include the Execution Deed schedule 3 — New Pre- Emption Arrangements, and schedule 4 — Deed of...
Pipeline Transportation on the United Kingdom Continental Shelf ( UKCS) On the United Kingdom Continental Shelf ( UKCS), pipeline transport is delivered via a number of major lines, each owned and run by independent joint ventures (see Practice Note: Transportation—transportation pipelines and terminals in the UKCS). Consequently, every network applies its own commercial terms and contractual framework. As such, each system maintains distinct commercial and contractual features. This note provides a high-level outline of the principal agreements a petroleum Shipper may need to put in place, together with some of the Transporter’s key contractual arrangements. Pre-transportation contracts Before a Transportation Agreement is concluded, a Shipper might enter into some or all of the following, depending on the circumstances: Confidentiality Agreement — covering discussions between the Shipper and Transporter, including any indicative terms and/or heads of terms agreed between the parties Study...
Oil & Gas— UKCS licensing regime Regulatory body Up to 2016, oversight of the UK’s oil and gas resources chiefly sat with the Department of Energy and Climate Change ( DECC), acting for the Secretary of State. Following Sir Ian Wood’s review of UK Continental Shelf ( UKCS) oil and gas recovery (the Wood Review), government created an independent regulator—now the North Sea Transition Authority ( NSTA)—to assume DECC’s licensing and regulatory duties in respect of all oil and gas exploration and production activities on the UKCS. This restructuring transferred responsibility for those matters from DECC to the new body. Until 21 March 2022 the NSTA operated under the name Oil and Gas Authority ( OGA), which remains the company’s formal legal name and continues to appear in some legislation. The NSTA began taking on these roles from DECC on 1 April 2015, at first as an...
Ambitions to cut the volume of waste sent to landfill, alongside technological progress, have prompted a new generation of waste infrastructure across the UK. Typically, there are two principal contracting models for such schemes: waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts; and merchant waste infrastructure contracts This Practice Note centres on waste PFI/ PPP infrastructure contracts. For background on waste projects, including common project types, see: Waste projects—overview. Waste PFI/ PPP projects Waste PFI/ PPP projects are long-term agreements between public sector bodies and a private sector provider, under which the public sector outsources its waste management services and waste to an operator that agrees to take some (or all) of that body’s waste. The private partner generally designs, builds, finances, maintains and operates the waste infrastructure assets and related services, and typically bears the...
FORTHCOMING CHANGES : At Budget 2025, the government confirmed that, when the energy profits levy ends, it will be succeeded by a permanent regime known as the oil and gas profits mechanism ( OGPM). The principal elements of the OGPM will be as follows: it will constitute a turnover-based tax applying to upstream oil and gas companies operating in the UK or on the UK continental shelf a company will be within scope where it disposes of oil or gas and the consideration received (ie the realised sale price) for that disposal exceeds the relevant threshold. For the financial year 2026–27, the thresholds will be US$90 per barrel for oil and 90p per therm for gas. In subsequent years, those thresholds will be adjusted by reference to the preceding year’s CPI the OGPM tax rate will be 35% The government has stated it will continue to work with the...
What is the fixed price certificate scheme? Sections 32N–32Z2 of the Electricity Act 1989 establish the closure of the Renewables Obligation ( RO) and the shift to a fixed price certificate scheme ( FPC Scheme). The purpose is to curb exposure to volatile and rising prices for RO certificates ( ROCs) across the RO’s final decade, ending in 2037. For additional background on the RO and its closure, see Practice Notes: Renewables Obligation ( RO) scheme—key features and The Renewables Obligation Closure and Grace Periods: a consolidated summary [ Archived]. The government, in its 2011 energy white paper and subsequent consultations, set out that heightened and more erratic pricing could result because, after the RO closed to new projects in 2017, there is a closed and shrinking pool of capacity as RO‑accredited generators are decommissioned, or until they are no longer entitled to receive...
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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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