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
The RTFO The RTFO is one of the government’s principal policies to cut greenhouse gas ( GHG) emissions from fuels delivered for use in: road vehicles non-road transport, covering: non-road mobile machinery ( NRMM) inland waterway vessels that do not normally operate at sea tractors recreational craft that do not normally operate at sea alternatively powered trains that do not already fall within the definition of NRMM (eg hydrogen fuel cell-powered trains) alternatively powered non-road vehicles that do not already fall within the definition of NRMM aircraft maritime, but only where the fuel used is a renewable fuel of...
The energy industry comprises a range of sub-sectors including coal, oil, gas, renewable energy, hydroelectric, tidal and nuclear This Practice Note provides a high-level overview of energy projects, with a principal emphasis on renewable initiatives such as wind farms, biomass and solar schemes. The government has pledged—and is legally bound by the Climate Change Act 2008 as amended by the Climate Change Act 2008 (2050 Target Amendment Order) 2019, SI 2019/1056—to reduce carbon emissions by at least 100% from 1990 levels, achieving net zero by 2050, and intends to meet this by expanding the generation and use of energy from renewable sources. Wales and Scotland also have national legislation setting their respective targets. For further information, see Practice Note: Climate change—emissions targets, carbon budgets and net zero. The Office for Renewable Energy Deployment ( ORED) is responsible for delivery of these goals, working in close...
This Practice Note explains the petroleum revenue tax ( PRT) framework. Historically, oil companies were liable to PRT on the value of oil and gas extracted and on receipts for using qualifying infrastructure, after deducting specified costs and reliefs. PRT was charged at varying rates following its introduction in 1975. It stood at 50% from July 1993, then was reduced to 0% with effect from 1 January 2016. Despite the nil rate, losses can still be generated and carried back to recover PRT previously paid. For guidance on the corporation tax, supplementary charge and energy profits levy rules applying to companies in the oil and gas sector, see Practice Note: Oil and gas—corporation tax, supplementary charge and energy profits levy. PRT post 1 January 2016 Under a 0% regime, losses computed under the PRT rules, whether arising on...
UK onshore wind extension of life and repowering projects Across the UK, onshore windfarms are generally planned and approved to run for around 20–25 years. As much of the installed fleet nears that age through the late 2020s and into the 2030s, attention is shifting from constructing new sites to squeezing more value from existing ones. Owners and developers are therefore increasingly considering either prolonging the operation of current turbines or replacing them with new machines — routes commonly labelled ‘extension of life’ and ‘repowering’ respectively. This Practice Note outlines what these options involve and the rationale for investing in them, and highlights principal considerations for onshore windfarm owners and developers and, for repowering in particular, project finance lenders, including: Corporate structure and ownership Licensing Revenue strategy Grid connection EPC O& M Planning and permitting Property rights Project finance considerations It also assesses whether such projects may qualify for revenue support under a UK...
For additional practical hands-on guidance on funding energy, power and resources projects across multiple sectors, including those covered in this Practice Note, refer as well to the textbook: Energy and Resources Financing: A Practical Handbook. Status of EU directives following Brexit Retained EU law (‘ REUL’) denotes the legal category for EU-sourced rights and rules kept by the UK after Brexit. It is a defined expression in the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and serves as the umbrella label for the corpus of EU-derived law that the UK retained and transposed into domestic law, effective upon repeal of the European Communities Act 1972. Assimilated law is the term applied to REUL that continues to have effect after the close of 2023 under the Retained EU Law ( Revocation and Reform) Act...
Industry Bodies and Codes— Oil & Gas Industry Bodies In March 2024, the Department for Energy Security and Net Zero ( DESNZ) and Ofgem opened a consultation on code reforms aimed at delivering more strategic changes across the codes in consumers’ interests. For more information, see: LNB News 11/03/2024 48. In August 2024, Ofgem set out its decision on implementing energy code reform following that consultation, outlining intended next steps for itself and DESNZ. Subsequently, in October 2024, DESNZ and Ofgem issued their joint response to the March 2024 consultation. For more information, see: LNB News 08/10/2024 38. Body Details Association of International Energy Negotiators ( AIEN) (formerly the Association of International Petroleum Negotiators): an independent, not-for-profit professional membership organisation that supports international energy negotiators globally and promotes their effectiveness and professionalism within the international energy community. ...
The requirements for decommissioning an offshore wind farm at the end of its operational life Decommissioning obligations chiefly focus on controlling environmental effects and navigational risks so that the public purse is not exposed. For additional practical guidance on key legal issues in the wind sector, refer to the textbook: Wind: Projects and Transactions. The UK’s international duty to retire redundant installations arises from the United Nations Convention on the Law of the Sea 1982 ( UNCLOS), which requires the removal of abandoned or disused installations or structures. There is no EU framework specific to offshore wind decommissioning; however, requirements under the EU waste regime remain pertinent. The UK’s domestic regime under the Energy Act 2004 (the Act) also reflects standards and guidelines issued by the International Maritime Organisation ( IMO). In England and Wales, oversight of offshore wind...
Brexit impact At 11pm ( GMT) on 31 December 2020, the transition/implementation phase that followed the UK’s departure from the EU came to a close. That moment—known in UK law as ‘ IP completion day’—ended core transitional measures and triggered wide-ranging changes across the UK legal framework. Any updates relevant to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct category of domestic UK law—retained EU law ( REUL)—consisting of 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. It reshapes the treatment of REUL by: revoking substantial elements of REUL from 31 December 2023 re-labelling REUL as ‘assimilated law’ from 1 January 2024 ...
The Petroleum Act 1998 ( PA 1998) empowers the Secretary of State ( So S) to issue licences to companies, permitting them to explore, drill for and recover petroleum, under the oversight and direction of the North Sea Transition Authority ( NSTA) (previously called the Oil & Gas Authority) (see Practice Notes: Oil & Gas— UKCS licensing regime and North Sea Transition Authority ( NSTA) for further background). Decommissioning, by contrast, is overseen by the Offshore Petroleum Regulator for Environment and Decommissioning ( OPRED), within the Department for Energy Security and Net Zero ( DESNZ), working in consultation with the NSTA as necessary. Up to 14 July 2016, the government department in charge of energy policy was the Department of Energy and Climate Change ( DECC). From 14 July 2016, DECC was folded into the Department for Business, Energy and...
Scope The UK’s decommissioning framework spans offshore oil and gas installations and offshore submarine oil and gas pipelines. It gives effect to the UK’s obligations under the 1992 Convention for the Protection of the Marine Environment of the North East Atlantic ( OSPAR), and also implements duties under the 1982 UN Convention on the Law of the Sea. For further detail on UK government policy on decommissioning and the underpinning international law, see Practice Note: Decommissioning— International Law and UK Government Policy. In May 2021, the North Sea Transition Authority ( NSTA) (formerly known as the Oil & Gas Authority) released its Decommissioning Strategy to drive cost efficiencies across decommissioning and to articulate its view that decommissioning should aid the energy transition. This can be achieved by assessing decommissioning alongside potential re-purposing of wells and structures (for example, for carbon capture and storage, or for future...
Oil and gas decommissioning is typically managed by the appointed operator of the licence (acting for and on behalf of its coventurers), so it is vital that appropriate agreements cover every relationship. Relevant licensee contracts Joint Operating Agreement ( JOA) — Parties: Licensees. Purpose: agrees the decommissioning procedure and accounts for spend. When: upon entry into the licence. Decommissioning Security Agreement ( DSA) — Parties: Licensees. Purpose: provides for future decommissioning costs. When: ideally before field development, though in practice it is often concluded later. Trust Deed — Parties: each licensee, the Operator and the Law Debenture Trust Company. Purpose: governs funds set aside to meet decommissioning costs. When: as determined by the DSA. For more information on JOAs and DSAs, see Practice Notes: The purpose and the principles of the joint operating agreement Joint operating...
Brexit Impact From 31 January 2020 (the exit day), the UK was no longer an EU Member State. At that point, a transition/implementation period commenced, and for many purposes the EU continued to treat the UK as though it remained a Member State. The transition/implementation period ended at 11 pm ( GMT) on 31 December 2020. That moment in time, described in UK law as ‘ IP completion day’, brought key transitional arrangements to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) created a new category of domestic UK law: retained EU Law ( REUL), consisting of EU-derived rights and legislation preserved in the UK following Brexit. Then, on 29 June 2023, the...
What is the requirement for a nuclear site licence? A nuclear site licence is mandated by the Nuclear Installations Act 1965 ( Nu IA 1965) for the use of any site to install or run: a nuclear reactor (excluding one forming part of a means of transport by land, water or air, such as a nuclear-powered submarine) a nuclear installation intended or modified to: produce or use atomic energy perform a process, capable of emitting ionising radiation, connected to the production or use of atomic energy store, treat or dispose of nuclear fuel, or bulk quantities of material irradiated by the production or use of nuclear fuel a nuclear installation specified by the Nuclear...
A clear grasp of the spectrum of risks confronting nuclear projects is essential not just for the project company (and its investors) but also for other principal stakeholders in the civil nuclear sector, such as lenders and government. This Practice Note summarises, at a high level, the following themes relating to nuclear projects and their risk profile: development phase risks operational phase risks specific concerns for lenders the role played by government, and practical guidance for negotiating risk allocation between stakeholders For additional hands-on guidance on financing energy, power and resources projects across various sectors, including those addressed in this Practice Note, see the textbook: Energy and Resources Financing: A Practical Handbook. What are the key development phase risks in nuclear energy projects? Nuclear projects encounter several risks during development, such as: High up-front costs Nuclear ventures involve...
The UK is a signatory to the international system of nuclear liability created by the 1960 Paris Convention and its later amending agreements. The UK gives effect to these commitments through the Nuclear Installations Act 1965 ( Nu IA 1965), which has been updated by primary and secondary legislation to mirror Convention revisions and UK policy choices within the permitted limits. The most recent instrument is the Energy Act 2023 ( En A 2023), which modifies the Nu IA 1965 to implement the Convention on Supplementary Compensation ( CSC). The En A 2023 empowers the Secretary of State to make regulations to give effect to the CSC, or otherwise to address matters connected with, or arising from, the CSC. This Practice Note succinctly outlines the evolution and current position of UK nuclear liability law and considers the changes introduced by the En A 2023 to the Nu IA...
This Practice Note outlines the Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, which gave effect in the UK to the Network and Information Systems Directive (the NIS Directive), Directive ( EU) 2016/1148. The NIS Regulations, as modified by a range of Brexit instruments, remain in force domestically. It explains the context and objectives of the regime, together with the duties placed on operators of essential services ( OESs) and relevant digital service providers ( RDSPs) under the NIS Regulations and the linked Assimilated Regulation ( EU) 2018/151 ( Assimilated DSP Regulation), insofar as it concerns RDSPs. Background to the NIS Directive The NIS Directive—also referred to as the Cybersecurity Directive or the Network and Information Security Directive—was passed by the European Parliament on 6 July 2016. EU Member States (including, at that time, the UK) were required to transpose the...
EU ambitions to cut landfill disposal, together with advances in technology, spurred the roll-out of new waste infrastructure across the UK. Broadly, two principal contracting routes exist for such schemes: Waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts, which, from February 2025, are generally subject to the Procurement Act 2023. Existing PFI and Private Finance 2 ( PF2) arrangements entered into before November 2018 continue to run Merchant waste infrastructure contracts A merchant contract is a binding agreement between a business (the merchant) and, commonly, an acquiring bank. Merchant waste schemes are those where the sponsor (or ‘acquiring bank’) is a private entity, for example the Green Investment Group. They may cover projects reliant on private, specialist feedstocks such as refuse derived fuel, commercial and industrial waste, and waste wood. This Practice Note...
Private and public sector organisations are increasingly required to report on their greenhouse gas ( GHG) emissions Obligations to disclose GHG emissions vary between companies and hinge on: the organisation’s scale and business activities whether it is a UK company the volume of energy it uses Where reporting is not compulsory, chapter 2 of the Environmental reporting guidelines, including streamlined energy and carbon reporting guidance (the Guidelines) advises companies to disclose their emissions on a voluntary basis. A growing number are doing so in response to stakeholder expectations, notably those driven by investor requirements. For voluntary GHG reporting information, see Practice Note: Voluntary greenhouse gas reporting. For more on wider, voluntary environment, social and governance reporting, see Practice Note: Voluntary environmental, social and corporate governance ( ESG) reporting. For a hub on issues related to sustainable business, including reporting, see: ESG and...
For comprehensive analysis and detailed commentary on regulatory approval, consenting and incentivisation supporting the net‑zero energy transition under the law of England and Wales, refer also to the volume: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook provides extensive treatment and more detailed discussion of matters addressed in this Practice Note. This Practice Note offers an introductory overview of low‑carbon hydrogen projects in the UK. It sits within a suite of related Practice Notes on low‑carbon hydrogen projects, the following: Low carbon hydrogen projects— UK revenue and funding support Low carbon hydrogen projects—the Low Carbon Hydrogen Agreement ( LCHA) It sets out why developers and investors might be attracted to these projects; the range of hydrogen production methods that influence how hydrogen is categorised within a colour framework; the use cases for low‑carbon hydrogen and the...
Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition For an in-depth examination of regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also the above work. That textbook offers detailed analysis of matters addressed in this Practice Note. This Practice Note sets out an overview of the principal revenue support mechanisms being developed by the UK government for low carbon hydrogen schemes in the UK, together with the pathways by which such funding is granted and the associated processes through which awards are made. It concentrates on the business model for qualifying projects falling within hydrogen production, and outlines the proposed business models for hydrogen transport, hydrogen storage and hydrogen to power ( H2P) generation. It also covers the Low Carbon Hydrogen Standard ( LCHS), the Low Carbon Hydrogen...
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
