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
ARCHIVED : This Practice Note has been archived and is not maintained . This archived Practice Note reviews the principal actual and potential legal and practical ramifications of the UK’s exit from the EU ( Brexit) for arbitration law and practice in England and Wales, using England and English as shorthand. It also addresses how the EU‑ UK Trade and Cooperation Agreement ( TCA) relates to arbitration conducted in England. In brief, and explored further below, the legal and practical effects of Brexit on arbitration in England are, or are anticipated to be, limited, with little, if any, negative impact on practitioners or on London’s standing as a leading seat of international arbitration globally. That said, the short-, medium- and long-term consequences for the arbitration market in London and across England cannot be wholly disentangled from the broader outcomes of the UK’s...
Introduction During a due diligence review, any matter that causes concern is highlighted in the appropriate reports by the relevant specialist team (legal, technical, financial), together with suggestions on the most effective way to address it. For further information on due diligence issues in oil and gas deals, see Practice Note: Due diligence and warranties in oil and gas M& A transactions. Common methods for tackling particular issues in the sale and purchase agreement ( SPA) and for sharing risk between the parties include: warranties indemnities interim period covenants Due diligence is fundamental to the proposed acquisition, as the findings (legal, financial and/or technical) will directly shape the nature of the warranties and indemnities sought, as well as any targeted purchase price adjustments and interim period covenants to be included in the SPA. Likewise, the seller’s initial draft of the SPA provided to potential purchasers will...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s implications for residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note reviews the minimum energy efficiency standards ( MEES) for domestic private rented properties ( DPRs) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It concentrates on the obligations of landlords of DPRs to permit tenants’ energy efficiency improvements. It forms part of our series of Practice Notes on MEES. For an overview of the background to MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot. MEES Regs 2015, SI 2015/962, made under the Energy Act 2011 ( En A 2011), set out two principal...
This Practice Note seeks to clarify what is meant by ‘jurisdiction’ in the context of cross-border disputes arising in litigation before the courts and related procedural matters. It sets out why identifying the proper forum matters and how the courts of England and Wales (the English courts) assess whether they have authority to hear a given claim or determine a specific dispute. Several jurisdictional regimes may govern, and pinpointing the correct one can be challenging in practice from the outset. Even after selecting the relevant regime, working through its scope and operation is not always straightforward, both procedurally and substantively, in application and practice. This Practice Note assists by identifying the principal regimes and addresses related matters, including jurisdiction agreements, a defendant’s domicile, staying proceedings in favour of a competent court, or seeking a declaration that a court lacks...
This Practice Note draws on various administrative law authorities to demonstrate the kinds of judicial review claims commonly pursued within the GB energy market. For an overview of significant energy law decisions since 2021, encompassing judicial review matters and more, see: Energy cases tracker. Which bodies in the GB energy sector are amenable to judicial review? Judicial review is not confined to claims against public authorities. Entities performing public law functions can likewise be subject to review in relation to those activities. That position captures several key organisations within the GB energy sphere. In assessing whether a function of an energy body is open to judicial review, the Administrative Court (within the King’s Bench Division of the High Court) typically asks two overarching questions: whether the function’s source lies in statute or prerogative authority; and if not, whether the function carries a...
This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)— Brexit considerations. An explanatory report on the Hague Convention on Choice of Court...
What does this Practice Note cover? This Practice Note sits within our suite of detailed guidance on the principal terms of the standard form Contracts for Difference ( Cf D) made available to low carbon electricity generators pursuant to the Cf D allocation rounds held to date. It focuses on the Cf D provisions that apply from the point a project is commissioned—when payment under the Cf D begins—through to contract expiry or any earlier termination of the Cf D. Our other relevant Practice Notes on the Cf D and its key terms include: Detailed guidance on the terms of the standard form Contract for Difference ( Cf D): from signature to commissioning—this provides complementary guidance on the contractual provisions of the Cf D up to the point a project is commissioned, including the contractually specified deadlines up to project...
This Practice Note is a ‘how to’ guide on executing simple contracts which signposts relevant content. It offers an overview of what is needed for effective execution, from initial checks, to signposting the formalities for different types of entity, alongside further legal factors and hands-on tips for signing a contract. While many agreements need not be written, some do; and, as a rule, putting terms into a signed document is advisable to promote certainty, deal with points raised in bargaining, and set out the bargain reached. For broader, introductory help on executing simple contracts, with pointers to related materials, see also Practice Note: Executing documents—deeds and simple contracts. We have assembled a collection that serves as a thorough, interactive tool to support users in spotting and navigating the concepts and recurring issues that arise on document execution. Each stage or step contains...
Energy Trading in Great Britain Electricity and gas in Great Britain are exchanged on bilateral markets. There is no mandated template for transactions. Yet two principal agreements have emerged as the recognised standard forms for electricity and gas trading—the Grid Trade Master Agreement ( GTMA) for electricity, and the Short Term Flat NBP Trading Terms and Conditions 2015 ( NBP Terms) for gas. For gas, the Standard Terms and Conditions for the Sale and Purchase of Natural Gas for UK Short Term Deliveries at the Beach 2015 ( Beach Terms) also cater for deals where delivery occurs at one of the National Transmission System’s entry terminals (commonly referred to as the ‘beach’). This contrasts with the NBP Terms, which facilitate trading at the National Balancing Point, a notional delivery location on the National Transmission System. The GTMA, NBP Terms and Beach Terms can operate as...
Practice Note This Practice Note offers a concise outline of the planning framework for hydraulic fracturing, commonly referred to as fracking, in England. Although the approach is broadly comparable in both Scotland and, in particular, Wales, notable distinctions exist following recent constitutional reforms within the UK. Moreover, the devolved governments have introduced an effective policy prohibition on fracking in their territories. This Practice Note does not attempt to examine those divergences herein. Through a Written Ministerial Statement ( WMS) in November 2019, the government formally stated that, having considered scientific evidence, it would presume against granting any additional hydraulic fracturing consents. Activity has not been permitted to advance in England in light of scientific analysis released by the Oil and Gas Authority ( OGA) on 2 November 2019 thereafter. In April 2022, as part of the British energy security strategy 2022, the...
Energy consultations tracker tool This tracker outlines the live status and most recent updates on major consultations led by government departments, regulators and other organisations covering energy law and policy in England and Wales from 1 January 2023. The tracker is organised by jurisdiction and section: England and Wales open consultations closed consultations For earlier tracker editions, see: Energy consultations tracker 2022 [ Archived] Energy consultations tracker 2021 [ Archived] Energy consultations tracker 2020 [ Archived] Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our timetable of expected future dates for major...
This Practice Note offers hands-on guidance on correctly signing simple contracts and deeds for limited partnerships established under the Limited Partnerships Act 1907 ( LPA 1907). We have created a collection that serves as a thorough, interactive tool enabling users to pinpoint and navigate the concepts and recurring issues arising on document execution. Each stage or step contains practical guidance, model clauses and Q& As pertinent to that part. For further details, see: Execution collection. Background Limited partnerships are a distinct form of partnership regulated by LPA 1907, which expressly retains the provisions of the Partnership Act 1890 ( PA 1890) and the equitable and common law rules applicable to partnerships, save where they conflict with the express terms of LPA 1907. Limited partnerships are extensively used in private equity and venture funds as investment fund vehicles. For broader background on limited...
How to Guide This Practice Note is a practical ‘how to’ on putting in place a power of attorney for a commercial deal and points readers to related material and supplementary guidance throughout. It flags relevant topics, such as what a power of attorney is, initial considerations, and drafting the instrument (covering the parties, scope of authority, substitution and delegation, duration, revocation, ratification and indemnity), as well as authorisations, cross‑border transactions and day‑to‑day practicalities, among other matters, as appropriate. A power of attorney is a device for conferring authority to act when the authorised individual is unavailable to act or sign a document. It exemplifies an agent’s express actual authority to act for a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract). This ‘ How to Guide’ offers a high‑level primer on preparing powers of attorney for commercial matters and may suit...
The principal categories of derivatives are: swaps forwards futures options This Practice Note outlines the essential characteristics of each of these derivative classes. For a broad primer on derivatives, refer to Practice Note: Introductory guide to derivatives. Swaps A swap encompasses a broad spectrum of derivative arrangements. Originating in the 1980s, swaps have grown into a global marketplace with notional amounts running to trillions of pounds. They are governed by varying rules and legal regimes according to the venue where they are traded. Swaps are commonly recorded under the International Swaps and Derivatives Association ( ISDA) documentation architecture. For further detail, see Practice Note: Derivatives— ISDA documentation framework. For insight into the reasons parties use swaps, see Practice Note: The nature of financial derivatives— Key uses of derivatives. Under a swap, two counterparties enter into an agreement to exchange cashflow streams. Each...
This Practice Note This ‘how to’ resource on executing deeds directs you to the pertinent materials and guidance. It outlines what constitutes a deed, the criteria for validly executing one, signposts the execution rules for various bodies, notes further legal factors, and highlights practical tips for carrying out execution in practice. A deed is a particular type of written instrument required for specified dealings. To be valid and enforceable, deeds must be executed in line with statutory and common law formalities that demand more than a mere autograph. For wider, general guidance on executing deeds, with links to connected materials and in-depth commentary on deeds, see also Practice Note: Executing documents—deeds and simple contracts. We have created a collection that serves as an extensive, interactive tool to help users recognise and navigate the concepts and recurring issues when executing documents. Each stage or phase provides...
ARCHIVED : This Practice Note has been archived and is not maintained From 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which took effect on 1 February 2020. Under the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be regarded as a Member State for many purposes, including trade. As a third country, the UK can no longer take part in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the limited extent agreed), but the UK must continue to comply with EU law and remain subject to the continuing jurisdiction of the Court of Justice of the European Union in line with the transitional arrangements in the Withdrawal...
Date News Analysis Brief description of News Analysis 23 November 2022 — BEIS releases an impact assessment on the Retained EU Law ( Revocation and Reform) Bill, LNB News 23/11/2022 59. It outlines the government’s original stance at the time the Bill was introduced, before the current government took office, and sets out why a later sunset date was not chosen. 22 November 2022 — Energy sector— Retained EU law reform—bonfire of laws or death by judicial review. CMS’s Munir Hassan (partner), Juliet Stradling (senior counsel), Phillip Ashley (partner), James Wright (associate), and trainee solicitor Natasha Kenber consider the Retained EU Law ( Revocation and Reform) Bill and its possible implications for the energy sector. 28 September 2022 — Brexit...
This Practice Note outlines retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU( W) A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded. what’s the difference? Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to...
Following the close of the Brexit transition period ( IP completion day) on 31 December 2020, the UK stopped participating in the EU’s Emissions Trading System ( ETS). The EU ETS is designed to reduce the overall volume of specified greenhouse gases ( GHG) released by factories, power stations and other covered installations, by operating an allowance market within a cap-and-trade framework. For further information on the EU ETS and carbon trading, see the following 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 II) for buildings, road transport, and additional sectors Carbon markets—basic principles and future developments Carbon...
Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste ( HAW) under the Planning Act 2008 ( PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 ( TCPA 1990) and the Planning ( Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for...
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
