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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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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...
Biodiversity legal and policy frameworks comprise a fast‑evolving and often intricate branch of law. In the wake of marked post‑war declines in biodiversity, a corpus of legal measures emerged to confront the issue. Results have been uneven; nevertheless, biodiversity law and policy now form a core element of government policy and the jurisprudence of domestic and international legal systems. This direction is set to persist, particularly as the ties between restoring biodiversity and adapting to climate change are drawn more closely. This Practice Note equips practitioners with the context and principal concepts underpinning biodiversity law. It explores: the background to the legislative and policy frameworks that support biodiversity, and the key concepts in biodiversity law It also sits within a suite of biodiversity content comprising the following Practice Notes: Biodiversity— UK policy and legislative framework ...
This Practice Note examines UK policy, law and legislation in relation to biodiversity...
UK battery strategy The UK battery strategy coordinates government efforts to build a world-leading battery supply chain by 2030, supporting economic prosperity and the shift to net zero. It was developed alongside the UK battery strategy taskforce. Through this strategy the UK intends to: design and create the batteries of the future bolster the resilience of UK manufacturing supply chains enable the growth of a sustainable battery industry This strategy also forms part of the government’s smarter regulation programme launched in May 2023. In the UK, batteries are governed by the Waste Batteries and Accumulators Regulations 2009 ( WBAR 2009) and the Batteries and Accumulators ( Placing on the Market) Regulations 2008 ( BAPMR 2008). These measures give effect to the Batteries Directive 2006/66/ EC. For information on the Directive and EU battery regulation, see Practice Note: Batteries...
Batteries—legal framework Batteries in the UK are governed by the following instruments: The Batteries and Accumulators ( Placing on the Market) Regulations 2008 ( BAPMR 2008), which set limits on specified substances in batteries and prescribe labelling obligations The Waste Batteries and Accumulators Regulations 2009 ( WBAR 2009), which establish arrangements for separate collection, treatment and recycling of waste batteries and help the UK achieve its waste battery collection targets The term ‘waste’ in these regulations is interpreted in line with Articles 5 and 6 of the Waste Framework Directive 2008/98/ EC. These measures initially transposed the Batteries Directive, Directive 2006/66/ EC. For further detail, see Practice Note: EU Batteries Directive—snapshot [ Archived]. For information on departures from EU law, see Practice Note: Environmental law divergence tracker. UK battery policy In September 2023, the Department for Business and Trade opened a call for evidence on the scope and...
Batteries—legal framework In the UK, batteries are regulated through: the Batteries and Accumulators ( Placing on the Market) Regulations 2008 ( BAPMR 2008), SI 2008/2164, which place limits on specific substances used in batteries and set out labelling obligations the Waste Batteries and Accumulators Regulations 2009 ( WBAR 2009), SI 2009/890, which create a system for separate collection, treatment and recycling of waste batteries and help the UK meet its waste battery collection targets Both instruments include provisions on enforcement, offences and penalties. These measures initially transposed Directive 2006/66/ EC, the EU Batteries Directive. That directive has since been superseded by Regulation ( EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/ EC and Regulation ( EU) 2019/1020 and repealing Directive 2006/66/ EC (the EU Batteries Regulation 2023). For further...
For further details, see: Post-completion environmental issues (asset purchase)—checklist. Deal with any EHS issues highlighted in the legal due diligence report Legal due diligence reports and asset purchase agreements ( APAs) may identify specific matters to be addressed after completion. Typical follow-up actions include: conducting a baseline phase 2 environmental audit undertaking a phase 1 compliance audit to address issues raised during due diligence preparing an asbestos management plan implementing recommendations from a fire risk assessment or legionella report Once the buyer controls the property, it will usually carry out these steps. The APA can also provide routes for the seller’s lawyers to input into post-completion activity, for example: agreeing the scope of work for any environmental audits granting access rights to complete specified works requiring the seller to reimburse costs incurred by the buyer See Precedent:...
Embedding sustainability This Practice Note considers supply chain sustainability through the wider lens of sustainable procurement and environmental, social and governance ( ESG) performance, concentrating on leading themes in UK and EU private sector practice. It offers practical direction on setting up a supplier code of conduct and building a comprehensive supply chain sustainability programme that addresses: Human rights and labour standards Environmental impacts and deforestation Corruption and litigation exposure Risk management across the supply chain Public procurement sits outside the scope of this note. For further information on supply chain sustainability in the UK, including details on UK regulations, see Practice Note: Supply chain sustainability— UK. For further information on supply chain sustainability in the EU, including details on EU regulations, see Practice Note: Supply chain sustainability— EU. For further information on sustainable public procurement in the UK, see...
The business and human rights landscape is evolving. The UN Guiding Principles on Business and Human Rights ( UNGPs) secured unanimous endorsement from the Human Rights Council, and the sector’s growing prominence is reflected in expanding reporting duties on certain companies across jurisdictions, closely linked to environmental, social and governance ( ESG) developments. For further detail, see Practice Notes: ESG—new starter guide, Sustainable business and environmental, social, governance ( ESG)—introduction for companies and advisers and Business and human rights—core responsibility under the UNGPs. Why should lawyers be aware of developments in human rights reporting? Lawyers should stay abreast of current and forthcoming legal requirements on human rights for reasons including: assisting clients to prepare human rights statements to be included within their annual statements identifying information that is commercially sensitive and ought not to be disclosed recognising shifting...
Legal framework Money laundering refers to turning the proceeds of crime into assets that appear to have lawful origins, allowing them to be kept indefinitely or channelled back into further criminal ventures. The Financial Action Task Force has released a report examining the scale and mechanics of environmental crime. Robust criminal penalties apply to money laundering, which is criminalised by three specific offences found in sections 327 to 329 of the Proceeds of Crime Act 2002 ( POCA 2002). For further reading, see: Money laundering under the Proceeds of Crime Act 2002—overview and Practice Note: Money laundering offences under the Proceeds of Crime Act 2002. The offence of money laundering is supported by an anti-money laundering ( AML) framework, comprising POCA 2002 provisions on reporting suspicious activity, together with a preventative regulatory regime aimed at deterring money laundering set out in the Money...
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...
The Transfrontier Shipment of Waste Regulations 2007, SI 2007/1711 ( TFSR) The TFSR, as revised by the Transfrontier Shipment of Waste ( Amendment) Regulations 2008, SI 2008/9 and the Transfrontier Shipment of Waste ( Amendment) Regulations 2014, SI 2014/861, set out how EU Assimilated Regulation 1013/2006 on Shipments of Waste ( WSR) is enforced. This Practice Note outlines the offences created under the TFSR, how those rules are enforced, and the potential penalties on prosecution. For more information on obligations under the TFSR, see Practice Note: Transfrontier shipments of waste—compliance and controls. The Environment Act 2021 ( EA 2021) expanded the powers in section 141 of the Environmental Protection Act 1990 ( EPA 1990) to make regulations to prohibit or restrict waste imports and exports, enabling further regulations relating to the regulation of imports and exports of waste, and the transit of waste for export. EPA 1990, s...
International shipments of waste to and from the UK Movements of waste across borders involving the UK fall under the Assimilated Waste Shipment Regulation 1013/2006 ( UK WSR) together with the Transfrontier Shipment of Waste Regulations 2007, SI 2007/1711 ( TFSR). Within Northern Ireland, the EU Waste Shipment Regulation 1013/2006 ( EU WSR) still applies. For an overview of the EU WSR and the UK WSR, see Practice Note: GB Assimilated Regulation on Shipments of Waste—snapshot. For context on the Basel Convention, the accord governing transboundary transfers of hazardous waste, see Practice Note: The Basel Convention—snapshot. For guidance on duties under the TFSR, see Practice Note: Transfrontier shipments of waste—compliance and controls. For offences, enforcement and sanctions under the TFSR, see Practice Note: Transfrontier shipment of waste—offences, enforcement and penalties. This Practice Note provides a concise review of reported decisions, first from the...
Consent or agreement To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into: a public sewer a private sewer that subsequently connects to a public sewer For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees. To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 ( WIA 1991). In particular circumstances, the Environment Agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it....
Applications for consent Application process Owners or occupiers of trade premises intending to release trade effluent to a sewerage undertaker’s public sewer must apply by serving a trade effluent notice on that undertaker, in line with section 119 of the Water Industry Act 1991 ( WIA 1991). Water and sewerage undertakers supply application forms, with many offering online submission and guidance to steer applicants through the steps. Note that this differs from the environmental permit required by regulators for discharges to watercourses. See Practice Note: Trade effluent consents and agreements—when are they required? for further information on when to seek a trade effluent consent. With some undertakers (for example, Thames Water), the process typically begins with initial enquiries by the applicant, after which the undertaker seeks additional information and supporting documents. Once received, the undertaker will assess the material provided and will either refuse consent or grant it,...
Compliance, enforcement and offences Owner or occupier of trade premises It is an offence, carrying on summary conviction a fine not exceeding the statutory maximum, and on conviction on indictment an unlimited fine, to: discharge trade effluent from trade premises without a consent or agreement issued under the Water Industry Act 1991 ( WIA 1991) breach any conditions attached to such a consent or agreement See Practice Notes: Trade effluent consents and agreements—when are they required? and Trade effluent consents and agreements—applications for further details on when and how to apply for a trade effluent consent or agreement. Agreements are enforceable between the contracting parties—namely the owner occupier of the relevant trade premises and the sewerage undertaker—insofar as they concern private contractual obligations, eg adopting a pipeline. However, to discharge trade effluent in breach of the terms of the agreement is an offence...
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...
The sustainable finance market has seen explosive growth in select product segments over the past five years. Annual green bond issuance, for instance, topped US$500bn in 2021, and environmental resilience is becoming an increasingly significant driver of investment choices worldwide. Yet the Organisation for Economic Co-operation and Development ( OECD) estimates that US$6.9tn a year will be needed through 2050 to fund infrastructure that achieves development goals and delivers a low-carbon, climate-resilient future. If nothing changes, current market finance will fall far short in both scale and approach. One clear but transformative answer is to pool and amplify sustainable assets via sustainable securitisation. For this to be workable, a critical pipeline of sustainable finance assets across multiple classes must be available in the market. Sustainable securitisation can concurrently offer institutional investors access to sustainable assets while easing pressure on bank balance sheets. At...
2018 News 4 January 2019: Commission unveils draft rules obliging investment firms and insurance distributors to factor sustainability into advice— LNB News 04/01/2019 66 20 December 2018: AFME urges a clear, responsive classification framework for sustainable finance— LNB News 20/12/2018 158 19 December 2018: Council of the EU sets its position on low‑carbon benchmarks and disclosure duties— LNB News 19/12/2018 76 18 December 2018: Council of the EU issues a compromise text on proposed disclosure regulation for sustainable investments and sustainability risks— LNB News 18/12/2018 133 17 December 2018: UN Environment releases Sustainable Finance Progress Report and consultation— LNB News 17/12/2018 52 13 December 2018: ECON backs report on amending BMR for low‑carbon and positive carbon impact benchmarks— LNB News 13/12/2018 163 12 December 2018: HM Treasury updates the House of Commons EU Scrutiny and Union Committees on progress of the proposed disclosures Regulation— LNB News 12/12/2018 28 11 December 2018: LMA, APLMA and...
Introduction to Su DS In natural landscapes, rainfall is caught by vegetation or seeps into the soil, depending on ground conditions, until the soil’s ability to absorb water is surpassed. When that threshold is crossed, surface runoff begins. In commercial or industrial schemes that replace green areas with buildings and hardstanding, interception and natural infiltration are removed or restricted, driving up runoff volumes. Heavy or long-lasting rainfall can therefore create substantial runoff and degrade water quality. Without suitable management this can lead to flooding and pollution, so well-considered drainage design is essential to prevent harm on site and further downstream. Su DS provide an alternative to conventional piped drainage for handling site rainfall run-off and have featured in flood risk policy across the United Kingdom for at least 15 years. The legal basis for Su DS in relation to major...
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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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