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
Low Carbon Hydrogen Agreement ( LCHA) For fuller analysis of how regulation, consenting and incentivisation shape the net zero energy transition in England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers extensive treatment of topics addressed in this Practice Note. This Practice Note sets out a synopsis of the Low Carbon Hydrogen Agreement ( LCHA), the principal support mechanism within the UK for subsidising low carbon hydrogen production schemes. It assumes project finance will be pursued and therefore addresses matters of interest to project finance lenders alongside hydrogen producers and wider stakeholders. It contains a thorough examination of the LCHA’s framework and objectives, eligibility conditions, the principal counterparties, and the payment architecture—covering the Difference Amount, the Price Discovery Incentive and the Sliding Scale Top- Up Amount. It also considers the headline terms and...
What is the impact of Brexit on the UK nuclear sector? From 31 January 2020 (the exit day), the UK stopped being an EU Member State. Yet, at that moment it moved into a transition/implementation phase, during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. Leaving the EU also entailed leaving the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition/implementation phase concluded. In UK law this point—‘ IP completion day’—ended core transitional measures and ushered in notable changes across the UK’s legal framework. The UK’s departure from the EU likewise resulted in departure from Euratom. Any amendments pertinent to this material will be detailed below. After IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new class of domestic...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU concluded. In UK legislation this moment—‘ IP completion day’—brought transitional measures to a close and ushered in wide-ranging changes across the UK’s legal framework. Key transitional arrangements ceased, and material changes started to apply throughout the UK’s legal regime. Any updates pertinent to this material will be outlined below. Following IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK 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 changes the treatment of REUL by: revoking...
Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh ARCHIVED: This Practice Note has been archived and is not maintained. By traded volume, the EU Emissions Trading System ( EU ETS) is the largest emissions trading scheme globally. It operates on a cap-and-trade model: a fixed ceiling is imposed on the total greenhouse gas ( GHG) emissions from all participating sectors covered by the scheme, and that overall limit is translated into tradable allowances. For more information, see Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—allocation of allowances and auctioning [ Archived] EU ETS Phase III UK implementation—compliance, enforcement and appeals [ Archived] When is a greenhouse gas permit required under Phase III EU ETS? [...
What is fracking? Shale gas extraction, also called hydraulic fracturing (fracking), is the practice of injecting water and chemical additives into shale rock at very high pressure to release the natural gas trapped inside. Operators drill vertical wellbores thousands of feet into the ground, passing through sedimentary layers, the water table, and shale formations to reach the target gas deposits. The well is then steered horizontally, and a cement casing is installed, acting as a conduit for the enormous volumes of water, fracking fluid, chemicals, and sand required to fracture the rock and shale strata. Sometimes, before the fluids are pumped, small explosive charges are used to open the bedrock. The resulting fractures create pathways that let the gas be removed from the rock formations. Shale gas is largely methane, a natural gas used to generate electricity and for domestic heating and cooking....
How does the fracking process work? Shale gas extraction, or hydraulic fracturing (‘fracking’), involves pumping water and chemicals into shale at very high pressure to free natural gas, chiefly methane, trapped within the rock. Vertical well bores are drilled thousands of feet into the ground, passing through sediment layers, the water table, and shale formations to reach the gas. The drilling is then diverted horizontally, where a cement casing is installed and functions as a channel for the vast volumes of water, fracking fluid, chemicals and sand required to fracture the rock and shale. These cracks enable the gas to be extracted from the rock formations. Fracking is typically undertaken at considerable depth (1.7km to 3.1km), influencing a wide horizontal area as the geological sequence is utilised. UK’s position on fracking The UK government has, historically, been supportive of fracking. However, following a series of seismic events at the...
Brexit impact As at 31 January 2020 (exit day), the UK ceased to be an EU Member State, yet it moved into an implementation phase during which the EU continued to treat it as a Member State for many purposes, for that interim period in particular. Precisely at 11 pm ( GMT) on 31 December 2020 the Brexit transition/implementation period, established following the UK’s departure from the EU, came to a close. At that moment (termed in UK legislation as ‘ IP completion day’), key transitional measures expired and substantial changes started to apply across the UK’s legal framework. Any amendments relevant to this content will be detailed below. On 24 December 2020, the European Commission and the UK government jointly declared agreement in principle on the legal terms governing the future UK‑ EU relationship. Announced only a week ahead of IP...
From the close of the Brexit transition ( IP completion day) on 31 December 2020, the UK stopped taking part in the EU’s Emissions Trading System ( ETS). The EU ETS limits the overall volume of specified greenhouse gases emitted by factories, power stations and other installations in scope by issuing tradable allowances under a cap-and-trade model. It began with Phase I in 2005 and is founded on Directive 2003/87/ EC, later amended by Directive 2009/29/ EC. Phase III of the EU ETS ran from January 2013 to 2020. Phase IV spans 2021–30. For further details on the EU ETS and carbon trading, see Practice Notes: EU Emissions Trading System ( ETS) Phase IV— Directive 2003/87/ EC EU Emissions trading system—outline EU Emissions Trading System ( ETS) for aviation EU Emissions Trading System ( ETS) for maritime...
EU Emissions Trading System ( EU ETS) From the end of the Brexit transition ( IP completion day) on 31 December 2020, the UK no longer takes part in the EU ETS. The EU ETS restricts the total volume of specified greenhouse gases emitted by power stations, factories and other installations via a cap-and-trade allowance market. It began with Phase I in 2005 and is founded on Directive 2003/87/ EC, subsequently amended by Directive 2009/29/ EC. Phase III started in January 2013 and concluded in 2020, while Phase IV runs from 2021 to 2030. For more on the EU ETS and carbon trading, see Practice Notes: EU ETS Phase IV— Directive 2003/87/ EC EU emissions trading system—overview EU ETS for aviation EU ETS for maritime transport EU ETS II for buildings, road transport and additional sectors Carbon markets—core principles and future...
Background to emissions trading in the EU and the UK Emissions trading is a market-led method for tackling pollution. It seeks to cut harmful releases of carbon dioxide and other damaging greenhouse gases ( GHGs) that drive climate change. Trading in GHGs is often referred to as carbon trading. Such market-based systems let participants purchase and sell permissions to emit specified pollutants through emissions trading schemes ( ETS). The clear aim is to attach a price to emissions so businesses are encouraged to help avert climate change. Where the cost of allowances is sufficiently high, firms should be incentivised to cut their emissions, for instance by improving operational energy efficiency levels. Emissions trading ranks highly on the EU’s and UK government’s list of priorities. The European Commission’s report on the EU Emissions Trading System ( EU ETS) states that the growth in GHG...
What is the Energy Savings Opportunity Scheme ( ESOS)? ESOS is an energy assessment and efficiency scheme that is compulsory for organisations meeting the qualification thresholds. It stems from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure enterprises that are not small-medium enterprises undergo an energy audit at least once every four years. For further details, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The obligations in art 8(4)–(6) have been implemented in the UK via the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643. The Energy Act 2023 has conferred powers to make necessary ESOS changes post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023, SI 2023/1182 introduced updates ahead of the Phase 3 compliance deadline. Qualifying organisations must carry out an energy assessment and an audit of their total energy...
Expanding capacity from variable renewable sources creates technical challenges for the UK electricity system. Network capacity is commonly planned to align with peak outputs from generators dispersed across the national grid and located nationwide. Energy storage helps manage generator output and supports control of the electrical network, safely and reliably across the UK grid. Alongside interconnection and demand side response, storage provides an effective way to smooth peaks and troughs more evenly in production of electricity. It can also mitigate technical constraints such as frequency regulation, lessening the requirement for grid reinforcement in turn within networks over time. Conventional power stations generally have a single purpose: producing electricity alone. Storage, however, serves multiple functions, classified as either 'behind the meter' for distributed applications, or 'in front of the meter' for grid-orientated services. For further details on key legal...
Status of EU directives following Brexit Retained EU law (‘ REUL’) refers to the bundle of EU‑sourced rights and rules that the UK kept after Brexit. It is a term defined in the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) and denotes the corpus of EU‑derived legislation that was preserved and converted into UK domestic law when the European Communities Act 1972 was repealed. From 1 January 2024, under the Retained EU Law ( Revocation and Reform) Act 2023, REUL that continues to apply is labelled ‘assimilated law’. This re‑labelling, including associated terminology, signals a shift in its standing and handling within the UK system: it should be read through ordinary domestic legal principles. Accordingly, from 1 January 2024, REUL is treated as ‘assimilated’ because, in the main, EU‑specific interpretive effects no longer apply (eg the supremacy of EU law,...
ARCHIVED: This Practice Note is archived and not maintained. The Energy legislation tracker tool outlines key legislation laid between 1 January and 31 December 2020 for Energy lawyers, presented in reverse chronological order. Wales-only instruments ( Wales Statutory Instruments— Wales SI) are flagged on the tracker. Legislation laid in 2019 or 2018 but commencing in 2020 appears at the top of the Energy legislation tracker 2018 [ Archived] or the Energy legislation tracker 2019 [ Archived]. Lexis®Library has introduced three features: Amendment Highlighter, Timeline and Legislation Menu. These tools make it faster and simpler to locate and track government legislation in progress—whether a Bill, Statutory Instruments ( SI) or a new Act of Parliament—and to view historic, current and future legislative changes. For previous legislation trackers, see: Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [...
The Energy law case tracker A curated list of significant judgments from 2021 for energy practitioners, presented with the newest decisions first. To sort matters by specific topics or sub-sectors, export the table to Excel via the tool above. For construction-related disputes (including Operation and maintenance ( O& M) issues within energy projects), consult separately: Construction law case tracker. For an in-depth survey of climate litigation across 2024 in the UK and overseas, see News Analysis: Climate litigation—2024 Trends and direction of travel for 2025 and beyond. For general guidance on climate litigation, see Practice Note: Climate change litigation. Topic/ Sub-sector: Climate litigation; Oil and gas Judgment date: 23 February 2026 Case title: Valero Energy Ltd and others v Persons Unknown and others [2026] EWHC 397 ( KB) Summary/analysis: The King's Bench Division approved a draft order on the second annual...
For fuller analysis of how England and Wales regulate, consent to and incentivise the net zero energy shift, consult: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook explores, in depth, topics addressed within this Practice Note. This newcomer’s guide offers a primer on energy law and practice. It targets trainee solicitors and anyone beginning in energy law. Its purpose is to help you get the best from the Lexis®+ UK Energy resources by showing how to locate them, register for email alerts, reach Q& As and send a question to the Lexis Ask team, among other steps. It also points to practical entry routes into the materials. Follow the suggested steps to start, choose what to read, and stay updated as you progress from day-one. If a point is not dealt with here, use the ‘ Topics &...
Traditionally, landfill dominated waste treatment in the UK, largely because past mineral extraction left plentiful suitable sites. Since the mid‑1990s, though, practice has shifted as the climate implications of waste management have been recognised and legislation has made landfill less appealing. These shifts have, in turn, encouraged the growth of waste to energy plants, which take waste and convert it into usable energy. Outputs include electricity and heat, alongside commodities such as transport fuels or natural gas. Many new facilities are being developed with energy generation, as well as waste management, as a central part of their role. Each year the UK produces substantial volumes of waste. Government data indicates the UK generated around 32.6 million tonnes of commercial and industrial waste in 2023, down from 40.4 million tonnes in 2020. Household waste was over 25 million tonnes in 2023 compared with 27...
EU Emissions Trading System ( ETS) Following the close of the Brexit transition on 31 December 2020 ( IP completion day), the UK ceased participation in the EU’s Emissions Trading System ( ETS). The EU ETS aims to cap overall emissions of specified greenhouse gases ( GHG) from factories, power stations and other covered installations via a cap-and-trade allowance market. It began with Phase I in 2005 and is established by Directive 2003/87/ EC, as later amended by Directive 2009/29/ EC. Phase III started in January 2013 and concluded in 2020, with Phase IV spanning 2021–30. For more details on the EU ETS and carbon trading, see Practice Notes: EU Emissions Trading System ( ETS) Phase IV— Directive 2003/87/ EC EU Emissions trading system—outline EU Emissions Trading System ( ETS) for aviation EU Emissions Trading System ( ETS) for maritime transport EU Emissions Trading System ( ETS) for buildings, road...
Since the Brexit transition ended on 31 December 2020 (the IP completion day), the UK formally ceased taking part in the European Union Emissions Trading System ( EU ETS) framework. The EU ETS aims to curb the overall volume of specified greenhouse gases ( GHGs) released by factories, power stations and other regulated sites within the system by operating an allowance market under a cap-and-trade model. It began with Phase I in 2005 and is founded on Directive 2003/87/ EC (as later revised by Directive 2009/29/ EC). Phase III of the EU ETS started in January 2013 and concluded in the year 2020. Phase IV spans the period 2021–30. For further information on the EU ETS and carbon trading, consult the following Practice Notes and materials: EU Emissions Trading System ( ETS) Phase IV— Directive 2003/87/ EC EU Emissions trading...
For additional practical guidance on financing energy, power and resources projects across various sectors, including those addressed in this Practice Note, consult the textbook Energy and Resources Financing: A Practical Handbook. What is the UK Continental Shelf ( UKCS) petroleum project lifecycle? The lifecycle of a typical UKCS petroleum project can be understood as a series of stages. Each phase of an upstream project involves multiple legal contracts, with the precise combination determined by the project’s characteristics, including the nature of the field, the parties involved and the planned activities. Below is a succinct overview of the commercial agreements most commonly encountered at each stage of a standard upstream petroleum project on the UKCS. Financial agreements associated with an upstream petroleum project, together with arrangements for the acquisition and disposal of UKCS assets, are beyond the scope of this Practice...
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
