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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 a plain English overview of the Great Britain ( GB) Balancing Mechanism, implemented mainly under the Grid Code and the Balancing and Settlement Code ( BSC). The Balancing Mechanism is a marketplace for trading electricity in Great Britain, used by the transmission system operator as one of its tools to maintain real‑time balance between electricity entering and leaving the transmission system. As well as summarising the Balancing Mechanism and who can participate in it, this Practice Note explains the scheme’s background and concepts, including gate closure, Balancing Mechanism bids and offers, the acceptance of bids and offers, and ongoing reform of the Balancing Mechanism to enable wider access. What is the Balancing Mechanism? The near real‑time balancing of electricity generation and electricity consumption is required to ensure the GB electricity system operates correctly and, in the end, that end users...
This Practice Note reviews current and forthcoming rules shaping TMT and examines leading organisations influencing sector benchmarks. It identifies the organisations most influential on evolving industry norms and compliance expectations. It then considers technology’s environmental effects and sets out actions and openings the TMT industries will probably need to adopt to progress towards a sustainable future. The discussion frames both risks and opportunities for TMT as it charts a path towards sustainability. It outlines the part played by the telecoms and media sectors in assessing their environmental footprint and how they might promote sustainable practices. It also reflects on how these sectors can promote greener practices across operations. It concludes by signposting ways companies can tackle sustainability across internal policies and practices, supply chains and the use of technology. For sustainable business guidance, see: ESG and...
Overview Rain that falls, along with other forms of water, is intercepted as it travels through the hydrological cycle and put to work to produce electricity for consumption. This can be realised in a number of distinct ways, for example by tapping a river’s inherent force as it drops from upland terrain down to sea level across distance and gradient, or by building a dam and reservoir; in both arrangements, purpose-built, appropriately installed turbines and generators serve as the means of converting energy into power. Because water is not a finite global commodity and is not consumed while energy is produced as it moves downstream, hydropower is classed as renewable energy. Owing to fluctuations in seasonal flows, water availability, and landscape and geography by specific location, however, hydropower can be difficult to rely on as dependable baseload supply for the grid, and more often...
What is solar thermal? Solar thermal describes collectors that capture the sun’s energy to produce hot water. Collectors are most commonly fitted to roofs, but they can also be placed on the ground, mounted on walls, or integrated within building components, i.e. shading devices, canopies, and similar elements. The heat produced is primarily used for domestic hot water and can also contribute to heating or provide warm air for buildings. It may additionally heat or pre-heat water for industrial processes, supply warm water for swimming pools, and drive a particular type of chiller for air conditioning. In the UK, given the available solar radiation (with a maximum of about 1 k W/m2) and its seasonal variation, solar systems cannot meet a building’s entire hot water demand at a viable cost. Consequently, storage buffers or supplementary heating systems are often needed. Solar thermal systems are...
Introduction and key benefits of solar As interest in renewable energy has surged over the last decade, solar projects have multiplied across the market. Among the two main technologies, photovoltaic ( PV) and concentrated solar power ( CSP), PV leads by a wide margin. Its relatively low capital outlay and rapid delivery schedules make PV schemes especially appealing to investors and sponsors in the energy sector. By end- April 2025, the UK’s installed solar PV capacity reached 18.1 GW, a 5.9% rise year on year. Solar PV now supplies around 11% of the UK’s electricity. In June 2025, the UK government released a solar roadmap outlining coordinated actions for government and industry to accelerate deployment of all forms of solar nationwide, with an ambition to reach 45–47 GW by 2030. The International Energy Agency’s Renewables 2024 report signals that, by the close of the...
How are electricity and gas typically metered in the UK? Across the UK, most domestic and non-domestic premises have main, primary meters that record whole-building electricity and gas use for the purpose of calculating utilities charges. These devices present a continuous, running total of consumption. Where smart meters or AMR equipment (see below) are not installed, meters must be read by hand, either by the utility supplier or the occupier of the building. The figures are noted and compared with the previous reading to determine usage over the period, and during any interval without a read, consumption is commonly estimated. Some properties also deploy sub-meters (secondary meters), which are local meters fitted to track the amount of energy used in a specific zone or by a particular piece of equipment. This practice is most common in non-domestic buildings, for example to measure...
For comprehensive 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. That textbook offers an in-depth treatment of matters addressed in this Practice Note. Introduction to the Smart Export Guarantee This Practice Note sets out a detailed account of the ‘ Smart Export Guarantee’, a regulated scheme giving owners of small-scale, low-carbon installations in Great Britain a guaranteed contract to sell surplus electricity they produce. It considers, among other points, power purchase terms under the Smart Export Guarantee, the part played by electricity suppliers within the mechanism, and the categories of technology that can participate. The Smart Export Guarantee took effect on 1 January 2020. The proposal first emerged during consultations that announced the confirmed closure (for new...
What is the impact of Brexit on the Ireland Capacity Remuneration Mechanism? At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU closed. From that moment—termed ‘ IP completion day’ in UK legislation—transitional measures ceased and notable shifts started to apply across the UK legal framework. Any amendments pertinent to this material will be highlighted below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct strand of domestic law—retained EU Law ( REUL)—comprising EU-derived rights and legislation kept in force 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 alters how REUL is handled by: revoking large tranches of REUL from 31...
Background The EU introduced a directive setting a 20% renewable energy supply goal by 2020, and the UK set an equivalent 20% renewable output objective for the same date. These measures, together with later climate change commitments adopted by the UK and other states (for more detail, see Practice Note: Climate change—emissions targets, carbon budgets and net zero), have created a rising worldwide demand for capital in the renewables sector. In the current era of budget reductions, the government is unlikely to commit substantial additional funding or uplift tariffs. At the same time, banks have sharply curtailed the provision of affordable debt. Consequently, fresh approaches are needed to preserve and expand investment in the renewable energy market alongside traditional bank finance. See Practice Note: Introduction to UK energy projects for construction lawyers. Banks have been compelled to reassess their renewables portfolios and, in some cases, to...
Background On 12 October 2017, the Department for Business and Industrial Strategy ( BEIS), as it then was, opened a consultation on a streamlined energy and carbon reporting framework to commence in April 2019, following the abolition of the CRC Energy Efficiency Scheme and linked increases to climate change levy rates. This built on the 2015/2016 review into simplifying and reforming the business energy efficiency tax system. Issued under the government’s Clean Growth Strategy, further detail can be found in News Analysis: Clean Growth Strategy— Environmental Headlines ( October 2017). The proposals outlined a simplified, UK-wide reporting model to be delivered via the Companies Act 2006 ( CA 2006) within companies’ annual reports, aiming to reduce administrative burdens, heighten awareness of energy efficiency, cut bills and lower carbon. The consultation asked for views on mandatory annual disclosures, the scope of application and...
How are the sustainability criteria relevant to the RO? The Renewables Obligation ( RO) was created to drive investment in renewable power projects. It achieved this by requiring retail electricity suppliers — who buy electricity directly or through intermediaries from generators — to obtain a rising share of their wholesale supply from renewable sources. The proportion to be met is determined by the Secretary of State ( So S) for Energy Security and Net Zero ( ESNZ), which assumed responsibility for the UK’s energy policy from the former Department for Business, Energy and Industrial Strategy ( BEIS) on 7 February 2023. Suppliers demonstrate compliance by submitting Renewable Obligation Certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem), evidencing purchases of renewable electricity. To receive ROCs, generators must be accredited under the RO as producing electricity from renewable sources. Prior to full...
ARCHIVED: This Practice Note has been archived and is not maintained Why do generators needed to be accredited? The Renewables Obligation ( RO) channels investment into renewable generation by requiring customer-facing electricity suppliers—who buy electricity directly or indirectly from generators—to procure a rising share of their wholesale supply from renewable sources. The level required is determined by the Secretary of State ( So S) for Business, Energy and Industrial Strategy ( BEIS). Suppliers prove their renewable purchases by submitting Renewable Obligation Certificates ( ROCs) to the Office of Gas and Electricity Markets ( Ofgem). Electricity suppliers must evidence their acquisitions of renewable power through the lodgement of ROCs with Ofgem. Fresh ROCs are granted only to accredited renewable generators, encouraging suppliers to acquire electricity (and the separately priced, accompanying ROCs) from renewable projects, thereby affording those projects a measure of financial support. In turn,...
In the Republic of Ireland, electricity is governed by network, regulatory, policy and retail frameworks that differ from those in Northern Ireland. Although the two jurisdictions share a wholesale platform—the Single Electricity Market ( SEM)—all other market arrangements remain separate. For further detail on the SEM, see Practice Note: Island of Ireland Single Electricity Market ( SEM)—an introduction. Key entities within the Ro I electricity market The Ro I electricity sector can be described as consisting of: participants active in the all-island SEM with operations based in Ireland renewable and thermal generators, and suppliers within Ireland, specifically licensed by the Commission for Regulation of Utilities ( CRU) under section 14 of the Electricity Regulation Act 1999 the distribution network and related metering equipment, owned and run by ESB Networks the transmission system, owned by ESB Networks and operated by Eir Grid ...
ARCHIVED: This Practice Note is archived and is not maintained. Introduction On 31 March 2017, the Renewables Obligation ( RO) support scheme for renewable electricity in England and Wales ceased to accept most newly commissioned generating stations and station extensions. The RO is primarily set out in the Renewables Obligation Order 2015 ( RO Order 2015), SI 2015/1947, with its closure provided for by the Renewables Obligation Closure Order 2014 ( RO Closure Order 2014), SI 2014/2388, both made under sections 32–32Z2 of the Electricity Act 1989 ( EA 1989). However, the 31 March 2017 closure featured numerous exceptions for specific technologies, as the government aimed to close the RO swiftly to fresh entrants—particularly onshore wind and solar—whilst seeking to avoid legal challenge. As a result, in many circumstances the cut-off occurred earlier, or, where certain ‘grace periods’ applied, later than 31 March...
ARCHIVED This tracker is archived and no longer maintained. The Renewable Heat Incentive ( RHI) is a government programme in Great Britain offering payments to stimulate renewable heat deployment in a market still largely reliant on fossil fuels. By providing financial support, it aims to lower hurdles to uptake, such as high upfront capital costs and ongoing operating spend. The scheme was delivered in two stages: Phase 1, launched in November 2011, for non-domestic plant across the industrial, business and public sectors Phase 2, covering the domestic RHI (following the Renewable Heat Premium Payment), introduced in April 2014 and intended to be open until 2021; however, the government’s Spring Budget 2020 extended the domestic RHI to March 2022 This RHI tracker sets out the current position and latest developments for the domestic and non-domestic RHI from January 2015, covering...
For a fuller commentary on regulating, consenting and incentivising the net zero energy transition under the law of England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed analysis of matters discussed in this Practice Note and includes in-depth discussion of issues covered in this Practice Note. Industry bodies Body Description Electricity Settlements Company Ltd ( EMR Settlement Body) EMR Settlement Ltd, a wholly owned subsidiary of ELEXON Ltd (see Practice Note: Industry Bodies and Codes— Electricity and gas market), assists the LCCC in administering Cf D payment flows, acting in its capacity as a service provider to LCCC. Gas and Electricity Markets Authority ( GEMA) GEMA oversees the electricity and downstream onshore gas sectors in Great...
What is REMA? In July 2022, the now-defunct Department for Business, Energy and Industrial Strategy ( BEIS)—whose energy remit has since moved to the Department for Energy Security and Net Zero ( DESNZ)—issued a consultation titled Review of Electricity Market Arrangements (2022 REMA Consultation), thereby commencing the Review of Electricity Market Arrangements ( REMA). Great Britain’s current electricity market design was put in place to support centralised, fossil fuel-based generation. REMA seeks to pinpoint the changes required to deliver a decarbonised, cost effective and reliable power system by 2035, while safeguarding security of supply, by tackling existing market imperfections and constraints that obstruct this shift. As set out in the 2022 REMA Consultation, the initial remit is expansive, examining potential reforms across all wholesale electricity-related markets and any technologies that do, or could, take part in electricity markets. This spans improving present...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the transition/implementation period that followed the UK’s withdrawal from the EU concluded. In UK law this moment is called ‘ IP completion day’. From that point, key transitional provisions ended and substantial changes started to apply across the UK’s legal framework. Any changes relevant to this content are set out 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. REUL( RR) A 2023 alters the treatment of REUL by: revoking substantial amounts of REUL from 31 December 2023 ...
STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News...
Boilerplate provisions in public sector contracts This Practice Note examines key clauses on payment of subcontractors within public sector contracts. For further guidance on what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, consult Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform Procurement Act 2023 ( Commencement No 3 and Transitional and Saving Provisions) ( Amendment) Regulations 2024 ( SI 2024/959). The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14, and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of the PA 2023 are now operative. Accordingly, procurements started on or after that date must proceed in accordance with PA 2023. The pre-existing public procurement regime...
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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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