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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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Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the measures for tackling anti-social behaviour ( ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘ Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or...
What are invasive species? ‘ Invasive species’ describes plants and animals that can take hold, spread or grow in ways likely to cause nuisance or impose other financial burdens. Within property transactions, the primary concern is typically Invasive Non- Native Species ( INNS). These are organisms introduced beyond their usual geographic range that may harm native flora and/or fauna or lead to notable environmental and/or economic costs. For further details, see Practice Note: Invasive species—regulation and offences... What weeds are regulated? Injurious weeds are invasive native or naturalised species listed in the Weeds Act 1959 ( WA 1959): common ragwort ( Senecio jacobea ) broad-leaved dock ( Rumex obtusifolius ) curled dock ( Rumex crispus ) creeping or field thistle ( Cirsium arvense ) spear thistle ( Cirsium vulgare ) The Wildlife and Countryside Act 1981 ( WCA 1981), as amended,...
This tracker monitors relevant EU- UK environmental law divergence and will be of interest to environmental lawyers. It captures significant areas where EU and UK rules diverge, though it is not an exhaustive catalogue. Where relevant, it flags internal UK differences (for example, between GB and NI, or between devolved administrations and the EU). The focus is on departures from EU Directives and Regulations; Decisions are not covered. UK consultations on principal divergence themes are noted. EU initiatives to introduce or amend legislation are added once the Council of the EU and the European Parliament have reached provisional agreement on the texts, enabling an indicative timetable for entry into force and applicability to be given. For a view of all EU environmental initiatives across every legislative stage, refer to our complete suite of EU environmental law trackers listed below. In this Practice Note,...
Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
Air quality regulation in England and Wales is interconnected, arising from European law and international agreements, alongside a range of national initiatives. For a summary of pollution controls, see Air pollution—overview, which also provides links to Practice Notes covering numerous elements of air quality. Those materials signpost guidance covering many facets of air quality in detail, via linked Practice Notes. The Environment Act 2021 and the Environment ( Air Quality and Soundscapes) ( Wales) Act 2024 Air quality is a devolved area; while the UK government leads on implementation of international legislation, internal controls may differ between nations. This note examines any divergence only for England and Wales. Part 4 of the Environment Act 2021 ( EA 2021) sets out clear commitments to achieving clean air, reflecting the 25- Year Environment Plan and elaborated in the Clean Air Strategy. For further detail on the Clean Air...
STOP PRESS: This tracker will be updated as soon as there is relevant material. It collates and summarises significant new legislation and consultations in England and Wales relating to nature and biodiversity. The tracker is arranged into the following parts: Legislation— highlighting notable forthcoming laws of interest to environment lawyers in England and Wales taking effect from 1 January 2026. Consultations— setting out the current position and latest developments for consultations open from 1 January 2026, or launched earlier but still open on 1 January 2026, run by government departments, regulators and other bodies on environmental law in England and Wales, and consultations by these bodies on environmental law in England and Wales that closed from 1 January 2026. For anticipated future developments, see Practice Note: Environment—horizon scanner. To monitor EU activity in this field, see: EU...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
The need for environmental protection Septic tanks and small sewage treatment plants handle domestic sewage where properties are not linked to the mains network. In England, waste water should be directed to the public foul sewer whenever doing so is reasonable. When judging reasonableness, the Environment Agency ( EA) considers relative cost, physical obstacles and environmental gains. It will typically deem connection reasonable where any boundary of the premises lies within 30 metres of a public foul sewer for a single domestic property, or within a distance calculated as 30 metres multiplied by the number of houses for multi-property developments. For premises that are not entirely domestic, the EA also applies a volume-based distance assessment. In Wales, private domestic sewage treatment within a sewered area is only allowed if connection to the public sewer is not feasible. Normally, Natural Resources Wales ( NRW) treats...
Voluntary attendance at an interview under caution ( PACE 1984) This Practice Note sets out the legal framework for choosing to attend an interview under caution carried out pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984). It also signposts provisions of PACE 1984 and the pertinent PACE Code of Practice, Code C, governing suspect interviews that are inapplicable to volunteers, including the monitoring of detention time limits, how custody records are treated, the care and treatment regime for detained persons, the entitlement not to be kept incommunicado, fingerprints, searches, the drawing of inferences from silence, and the approach to advising a volunteer. For wider guidance on interviews under PACE 1984 generally, see Practice Note: Interview under caution. The Home Office has issued a guidance note tailored to individuals who attend police interviews on a voluntary basis; this must be...
This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C. It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect about their...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts. Policy National policy for England’s green belts is contained in the National Planning Policy Framework ( NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities ( LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance ( PPG) on the green belt, updated in February 2025 to reflect the...
Brexit Impact At 11 pm ( GMT) on 31 December 2020 the Brexit transition/implementation phase concluded following the UK’s exit from the EU. At this moment—termed in UK law ‘ IP completion day’—principal transitional measures ceased and notable alterations started to apply across the UK legal framework. This note offers guidance on areas affected by these developments. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new strand of domestic UK law—retained EU law ( REUL)—made up of EU-derived rights and legislation preserved in the UK post- 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 reshapes the treatment of REUL by: revoking substantial parts of REUL from 31 December 2023 rebranding REUL as ‘assimilated law’ from 1 January...
Introduction This Practice Note outlines the international and UK frameworks for the control of mercury. The Minamata Convention on Mercury (the Convention) applies at the international level, Assimilated Regulation ( EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury (the GB Mercury Regulation) applies at GB level, Regulation ( EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury (the EU Mercury Regulation) applies in Northern Ireland, and the Control of Mercury ( Enforcement) Regulations 2017, SI 2017/1200 (the UK Mercury Regulations 2017) apply at UK level. The Minamata Convention The Convention is a worldwide treaty aimed at safeguarding human health and the environment from mercury’s adverse impacts. It prohibits new mercury mines, requires the phase-out of existing mines, and both phases out and phases down mercury use across a range of...
Assimilated Regulation ( EC) 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer Entry into force: 20 November 2009; applied from 1 January 2010 ( Article 31). England and Wales implementation: Ozone- Depleting Substances Regulations 2015, SI 2015/168. Subject: Protection of the ozone layer. What are ozone-depleting substances? Ozone-depleting substances ( ODS) are human-made chemicals that damage the stratospheric ozone layer, which shields the earth from harmful ultraviolet radiation. They include chlorofluorocarbons ( CFCs), halons, hydrochlorofluorocarbons ( HCFCs), carbon tetrachloride and methyl bromide. ODS have been used in refrigerators, air conditioners, fire extinguishers, aerosol propellants, solvents and as blowing agents for insulation foams. Background to the GB ODS Regulation The UK is a party to the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. The Vienna...
What does this Practice Note cover? Green bonds are a natural financing route for issuers with a funding or refinancing need for a green project. An issuer that plans to deploy the proceeds towards environmentally friendly programmes—for instance, lowering the carbon footprint or waste arising from day‑to‑day business—can access the market and also demonstrate its commitment to sustainability. Green bonds can appeal to both issuers and investors when the ecological objectives and commercial considerations are properly balanced. This Practice Note covers: What are green bonds? Types of green bonds Green Bond Principles Assurance How green is green? Market developments Next frontier and trends For the latest news and key developments in sustainable finance (including green bonds), see Practice Notes: Sustainable finance—recent news and Sustainable finance and ESG—timeline. What are green bonds? Green bonds are debt issuances in which the...
Climate change litigation In recent decades, climate change has assumed increasing prominence. As science has advanced on the drivers of climate change and the present and expected effects of warming, impatience has mounted with the pace of law and policy‑making. This sits alongside ongoing international initiatives, notably the 2015 Paris Agreement, under which parties pledge to cut carbon dioxide and other greenhouse gas ( GHG) emissions so as to keep the rise in global average temperature well below 2.0 degrees above pre‑industrial levels, and to strive to constrain it further to 1.5 degrees. For further details, see Practice Note: The Paris Agreement 2015-snapshot. Consequently, litigants are turning more frequently to the courts, which are confronting climate arguments in diverse forms and fact patterns. Data released in July 2022 show that, in 2021, litigation continued to grow as a channel for climate action. Far from...
Plastic packaging-the problem There is growing recognition worldwide of the issues caused by global use of plastics, alongside the related harms from the creation of plastic waste. In the UK, plastic packaging represents 44% of plastics used and 67% of plastic waste, with usage exceeding 2 million tonnes every year. In general, the overwhelming share of this packaging is produced from virgin, not recycled, plastic and is used only briefly before being thrown away. For further detail on plastic waste, see Practice Note: Waste types and controls-plastics. In the UK, the government moved to tackle plastic use by introducing the Plastic Packaging Tax ( PPT) from 1 April 2022, chargeable on the manufacture and importation of plastic packaging containing under 30% recycled content. The tax was first set at £200 per tonne and was later uplifted to £228.82 per tonne, effective from 1 April 2026. Via the PPT, the...
What situations can give rise to a claim? Private nuisance amounts to a breach of real property rights. It comprises a substantial disturbance to the claimant’s ordinary use and enjoyment of their land, often through noise or odour, by encroachment, or by actual, physical harm to their property. A nuisance may result from inaction or omission as well as from affirmative conduct, and the guiding principle is one of 'give and take, live and let live'. Interference with an easement benefiting the claimant’s land may equally constitute a nuisance, the right to light being the most familiar example within this category. Nuisance is sometimes described under headings that are merely illustrations within the broad concept of 'violation of property rights': encroachment upon a neighbour’s land direct physical injury to a neighbour’s land interference with a neighbour’s quiet enjoyment of their land It is said the...
This Practice Note centres on the planning regime for new nuclear build facilities. It outlines the policy foundations for consenting new nuclear plants, the routes for appeal and judicial review, and the effects of the UK’s departure from the EU on nuclear planning. For general information on nuclear licensing and regulation, see: Nuclear licensing and regulation—overview. Further consents, including licensing from the Office for Nuclear Regulation ( ONR), are covered in Practice Note: Operating under a nuclear site licence. Planning policy Energy National Policy Statements The government’s policy on major infrastructure is expressed through National Policy Statements ( NPSs), which are statutory documents made under the Planning Act 2008 ( PA 2008). NPSs guide the Secretary of State when determining development consent applications for energy infrastructure of national significance. Between late 2009 and early 2010, the government issued six draft NPSs for...
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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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