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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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What is combined heat and power? Combined Heat and Power ( CHP) is a method of supplying both heat and electricity to a building or industrial operation. It delivers heat and power at the same time from a single process. Although systems have commonly been gas-fired, this need not always be the case. In a conventional setup, fuel is burned to generate heat that is circulated through a building. Separately, electricity is produced at a power station, typically by burning fuel to create steam that drives turbines. The excess heat from electricity generation is usually rejected, squandering useful energy. CHP instead uses fuel (often gas) to produce electricity while capturing the associated waste heat to warm a building or support a process. The electricity can be consumed on site or exported to the grid. There are practical considerations: CHP units can be louder than standard boilers, and...
Introduction Climate change describes prolonged shifts in global temperatures and weather patterns. These may occur naturally, for example through changes in the solar cycle. Since the 1800s, however, human activity has been the principal driver of climate change, chiefly through burning fossil fuels such as coal, oil and gas. Their combustion releases carbon dioxide ( CO2) and methane ( CH4), which trap heat in the atmosphere and are commonly called greenhouse gas ( GHG) emissions. Clearing land and forests also releases CO2 that would otherwise remain stored in trees and soils. Energy, industry, transport, buildings, agriculture and land use are among the largest GHG sources. Rising global temperatures are bringing more extreme weather, including heatwaves, drought, and increasingly intense, devastating storms, occurring more often. In turn, these lead to water scarcity, severe fires, melting polar ice and flooding. The impacts are felt by people and nature at...
Background Nuclear power has been generated for commercial purposes in the UK since the 1950s, arising from a strategic requirement to develop a nuclear deterrent. The UK presently operates 15 reactors; three no longer produce electricity — Hunterston B, Hinkley Point B and Dungeness B — and have entered defuelling, the final operational step before decommissioning begins (for further details on stations in service, see: Operational power stations). Nuclear energy currently supplies around 15% of the UK’s electricity. While most of the existing nuclear fleet is due to close by 2030, the government nonetheless intends to raise the output of nuclear power......
Regulatory oversight of the UK civil nuclear sector is divided among a number of authorities, mirroring the split between the baseline obligations that apply to all electricity producers and the extra responsibilities that stem from the distinctive nature of nuclear generation. In 2014, nuclear-specific oversight was markedly brought together through the establishment of the Office for Nuclear Regulation ( ONR), which replaced several predecessor bodies that had overseen different facets of the industry. Alongside these, other government entities, though without broad regulatory or supervisory remits, carry out targeted enabling and decision-making roles and therefore exert significant influence within the UK civil nuclear landscape. For details on the codes and industry organisations relevant to the nuclear field, and for a single compiled list of the principal bodies, see Practice Note: Industry Bodies and Codes— Nuclear Energy. What is the impact of Brexit on the UK civil...
What is the impact of Brexit on the UK Nuclear Sector? On 31 January 2020, the UK formally left the EU. From that date, a transition/implementation period began, during which the EU largely continued to treat the UK as if it were still a Member State for many purposes. Departure from the EU also entailed leaving the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition came to an end. That moment, referred to in UK law as ‘ IP completion day’, brought key transitional measures to a close and saw significant changes take effect across the UK’s legal framework. Any changes relevant to this content are outlined below. On 24 December 2020, the UK government confirmed agreement of the EU– UK Trade and Co-operation Agreement ( TCA). This is supported by a series of related...
For detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook supplies thorough analysis of matters addressed in this Practice Note. This Practice Note presents an outline of the law and policy concerning carbon capture usage and storage ( CCUS) in the UK. It examines: what CCUS entails and the principal categories of technologies it covers the main drivers, barriers and risks associated with deploying CCUS the progress of CCUS clusters within the UK current and past government policy and legislative developments to boost CCUS deployment, including creating business models to introduce an incentive mechanism for CCUS projects policy progress on repurposing existing oil and gas assets for CCUS...
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth exploration of matters addressed in this Practice Note. What is carbon capture, usage and storage ( CCUS)? The term CCUS is sometimes described as ‘carbon capture and storage’ ( CCS); broadly, CCS represents a narrower subset within the same sector. CCS describes a range of processes that capture and store CO 2 emissions from industrial activities......
ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period, entered into following the UK’s withdrawal from the EU, concluded. In UK legislation this moment is called ‘ IP completion day’. From that point, core transitional measures ceased and substantial changes started to apply across the UK’s legal regime. EU Emissions Trading System The EU Emissions Trading System ( EU ETS) operates on a cap-and-trade basis and is the world’s largest emissions trading scheme by trading volume. A ceiling is set in advance on the overall quantity of certain specified greenhouse gases that sources in the scheme, such as factories, power stations and other installations, may emit under the system. Inside this cap, businesses are allocated emission allowances, which they may buy from or sell to each other as and when...
ARCHIVED: This Practice Note is archived and not maintained. Brexit: at 11 pm ( GMT) on 31 December 2020, the transition/implementation period following the UK’s withdrawal from the EU came to an end. At that point (referred to in UK law as ‘ IP completion day’), key transitional arrangements ceased and significant changes began across the UK’s legal regime. Carbon budgets The Climate Change Act 2008 established a legally binding aim for the UK to cut greenhouse gas ( GHG) emissions by 80% against 1990 levels by 2050. To support progress towards the 2050 objective, carbon budgets are set for five-year periods. See Practice Note: Climate change—emissions targets, carbon budgets and net zero. Percentage reduction below the 1990 base year: 1st carbon budget (2008–12): 23% 2nd carbon budget (2013–17): 29% 3rd carbon budget (2018–22): 35% by 2020 4th carbon budget...
What is the UK CBAM? The UK CBAM is a forthcoming charge, scheduled by the UK government for implementation on 1 January 2027, applied to the carbon both released and embedded in imports into the UK of specified ‘products’ (set out by a list of commodity codes) whose production is highly carbon‑emission intensive. In this context, ‘products’ are goods, articles or substances manufactured or refined for sale. Products can be raw materials, energy (such as electricity or heat), component parts, or finished goods. Certain products brought into the UK from countries with a lower, or no, ‘carbon price’ will be required to pay the charge. The liability imposed by the UK CBAM will depend on the greenhouse gas ( GHG) emissions intensity embodied in the imported products and the gap between the carbon price applied in the country of origin (if any) and the carbon price that...
Scope This Practice Note reviews the technical, environmental and economic aspects of biomass heating. For information on biomass combined heat and power, see Practice Note: Combined heat and power—technology. What is biomass heating? Biomass heating involves burning organic, non-fossil materials to produce heat. In principle, a range of fuels can be used, including: animal dung domestic and industrial waste biodiesel wood Biomass heating is viewed as very low carbon and forms a significant element of the UK’s plans to reduce carbon emissions. This note concentrates on technologies at commercial scale commonly adopted in the UK that use biomass as wood chips or pellets, although much of the detail is also relevant to domestic situations. Wood chips and pellets are two prevalent biomass fuels. Wood pellets are produced from sawdust, compressed into short cylinders, and offer greater uniformity than wood chips. Pellets are denser, more...
Introduction Breakthroughs in energy storage, coupled with falling technology costs, are reshaping the global power market, putting storage firmly in the industry spotlight. This note centres on UK battery storage schemes, especially the market-specific construction considerations that arise, and are debated, when preparing and negotiating construction contracts for such schemes from a developer and funder viewpoint. For a broader primer on energy storage projects, see Practice Notes: Scaling up energy storage: revenue opportunities in Great Britain and Energy storage technologies in the UK. For planning matters linked to energy storage, consult Practice Note: The planning regime for energy storage in England and Wales. For regulatory and licensing topics affecting energy storage, refer to Practice Note: Energy storage—the evolving regulatory regime and renewable subsidy position. For further detail on regulatory hurdles and prospects for storage projects, see also the textbook: Energy Storage: Legal and Regulatory Challenges and...
This Practice Note outlines the law governing the use of boilerplate provisions in business-to-consumer ( B2C) contracts. In addition to summarising the Consumer Rights Act 2015 ( CRA 2015), which polices unfair terms in B2C agreements, it also considers the Competition and Markets Authority guidance ‘ Unfair contract terms: CMA37’ ( CMA Guidance). For analysis of particular boilerplate terms used in B2C arrangements—adjudication, alternative dispute resolution ( ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver—see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For wider material on standard terms and conditions in B2C contracts, see the following Practice Notes: Consumer standard terms and conditions—the business context Consumer standard terms and conditions—the advertising and marketing context Consumer standard terms and...
This Practice Note examines the potential hazards arising from sharing commercially sensitive data within the UK oil and gas ( O& G) industry, within the framework and objectives of the NSTA Strategy (whose most recent iteration appeared under the title ‘ OGA Strategy’ in 2021, as outlined below). The Practice Note has particular regard to information on proposed future investments and future production, where appropriate, with a view to the preparation of an Area Plan, and it further explains how such exchanges can be undertaken in a manner consistent with UK and EU competition rules in both jurisdictions. Why is competition law relevant to Area Plans under the NSTA Strategy? Sharing commercially confidential information among competitors is a type of arrangement that competition authorities have identified as falling within the Chapter I prohibition of the Competition Act 1998 (and Article 101 of the Treaty on the...
This Practice Note outlines the evolving policy and regulatory landscape for the potential future deployment of Advanced Nuclear Technologies, with particular emphasis on small modular nuclear reactors ( SMRs) in the UK. It compiles details of, and links to, key policy documents, alongside an overview of ANT licensing, planning, siting, decommissioning and insurance. For further practical guidance on the financing of energy, power and resources projects across a range of sectors, including those covered in this Practice Note, see also the textbook: Energy and Resources Financing: A Practical Handbook... What are Advanced Nuclear Technologies ( ANT)? The term ‘ ANT’ is a collective description for the most recent nuclear technologies, namely: small modular reactors ( SMRs) small and medium-sized reactors micro nuclear reactors advanced modular reactors ‘ SMR’ is used interchangeably to refer to ‘small modular reactors’ or ‘small and...
ARCHIVED: This Practice Note has been archived and is not maintained. How are contracts for difference ( Cf D) and the renewables obligation ( RO) connected? The renewables obligation ( RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State ( So S) for Business, Energy and Industrial Strategy ( BEIS) determines the proportion required each period. Suppliers prove compliance by submitting renewable obligation certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those...
TMO4+ For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook provides detailed examination of matters addressed in this Practice Note. This Practice Note sets out the reforms to the Great Britain ( GB) electricity grid connection process collectively referred to as ‘ TMO4+’, approved by Ofgem on 15 April 2025 and taking effect from 10 June 2025. It belongs to a series on the TMO4+ grid connection reforms. TMO4+ was devised by the National Energy System Operator ( NESO) and, before that, National Grid Electricity System Operator Limited ( NGESO), over a number of years. The concluding package of reforms was produced with the support of Ofgem and the Department for Energy Security and Net Zero (...
Introduction When moving petroleum via pipeline, owners generally have two pathways: construct and hold title to a standalone line from the relevant field to the agreed delivery point; or tie-in a dedicated line from the field to adjacent third party pipeline(s). Where the first route is chosen, the field owners commonly enter a Pipeline Operating Agreement ( POA) to regulate construction and operations between themselves, with provisions akin to a Joint Operating Agreement ( JOA) (see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreement—key clauses for more information on JOAs). Typically, a POA addresses ownership shares, creation of an operating committee and voting rules, capacity entitlements (usually aligned with ownership proportions), allocation of pipeline costs and liabilities, and the appointment of an operator. A POA affords each owner its own capacity to move petroleum through the line without paying a third...
What is the background to third party access to private electricity networks? Over time, successive UK measures and, before the UK’s withdrawal from the EU (see: Brexit: Energy—overview), European legislation have driven the unbundling of electricity retail from the ownership and operation of monopoly networks. Users connected to networks exempt from these duties did not share meaningfully in the uplift in retail competition. So‑called ‘private wires’ sit within many types of estate—from industrial parks and hospitals to university campuses and airports—and also arise in certain new‑build energy or multi‑utility services company arrangements and models. In Citiworks AG v Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde, the Court of Justice of the European Union (formerly the European Court of Justice) voiced concerns about the impact of such exemptions on the integration of European energy markets and decided that customers must be able to access...
What is Euratom? The Euratom Treaty, concluded in 1957 by six founding members— Belgium, France, Germany, Italy, Luxembourg and the Netherlands—created the Euratom Community. Since that date, every country acceding to what is now the European Union has automatically joined Euratom, whether or not it possesses nuclear facilities on its territory. Its primary purpose is to support the establishment and advancement of Europe’s nuclear industry and to protect the security of supply of ores, source materials and special fissile materials within the Community. What are the Euratom Treaty’s key provisions? To realise this overarching aim, the Treaty imposes obligations on the Community in relation to: promoting research and spreading technical information creating and applying uniform safety standards to safeguard the health of workers and the general public facilitating investment and ensuring the basic installations required for the development of nuclear energy in the...
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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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