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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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In a share purchase agreement ( SPA), it is standard for the seller to grant the buyer warranties and indemnities. Why warranties and indemnities are needed For any share acquisition, the buyer starts from the maxim caveat emptor (let the buyer beware). As they cannot know with certainty exactly what they are acquiring when buying a company, the purchaser seeks protection from the default common law position by building suitable contractual terms into the SPA in the shape of warranties and indemnities. Taken together, these provisions protect the purchaser against the uncertainties inherent in the target and address the caveat emptor rule. The buyer will also undertake due diligence on the target company (or target group) to learn as much as possible before proceeding. For additional detail on the diligence process, see Practice Note: Due diligence—share and asset purchases. Without warranties or...
Drains A ‘drain’ is a system used to carry away wastewater from a single building, or from any buildings or yards appurtenant to buildings within the same curtilage. The term also extends to its accessories, for example: manholes pumps ( See the accessories definition below.) Whether something like a terrace constitutes ‘one building’ for these purposes is a matter of fact. ‘ Curtilage’ means land so closely associated with a building that it forms part and parcel of it. Lateral drains A ‘lateral drain’ is the portion of a drain that runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain connects, or is intended to connect. Alternatively, where context makes a difference, it is the part of a drain specified in a declaration of vesting under section 102 of the Water...
By virtue of s 94(1)(b) of the Water Industry Act 1991 ( WIA 1991), a sewerage undertaker is obliged to manage what flows through its sewers, using sewage disposal works or other means. Sewage disposal works are facilities for receiving, holding, treating, distributing or otherwise disposing of sewage from sewers. Construction of sewage disposal works Following its appointment, a sewerage undertaker is empowered to build new sewage disposal works. A waste water treatment plant counts as a nationally significant project only where, once built in England, its capacity is expected to exceed a population equivalent of 500,000. Modifying such a plant in England is nationally significant if the change is expected to raise its capacity by over a population equivalent of 500,000. For these purposes, ‘waste water’ covers domestic, industrial and urban waste water as set out in regulation 2(1) of the Urban Waste Water...
The Scottish Environment Protection Agency ( SEPA) is Scotland’s lead environmental regulator, broadly mirroring the functions of the Environment Agency ( EA) in England and Natural Resources Wales in Wales. For information on the enforcement powers of environmental regulators in England and Wales, consult these Practice Notes: Environment Agency—powers to investigate environmental crime Environment Agency ( EA)—powers of entry Natural Resources Wales—powers to investigate environmental crime Local authorities—powers to investigate environmental crime Natural England—powers to investigate environmental crime For details of key environmental offences in Scotland, see Practice Note: Key environmental offences in Scotland, and for the approach to sentencing, see Practice Note: Sentencing environmental offences in Scotland. SEPA's role and policy Established under the Environment Act 1995 ( EA 1995) to protect and enhance the environment, SEPA regulates activities that may pollute water or air; the storage, transport, treatment or...
The Health and Safety at Work etc Act 1974 ( HSWA 1974) HSWA 1974 applies to employers and to those who are self‑employed. The Sentencing Council ( SC) issues guidance for courts in England and Wales, setting out offence‑specific sentencing guidelines for use in the magistrates’ court and the Crown Court which, under section 59 of the Sentencing Act 2020 ( SA 2020), must be followed when sentencing organisations for health and safety offences unless doing so would be contrary to the interests of justice. These sentencing guidelines do not extend to Scotland or Northern Ireland, although courts there may have regard to them to assist their sentencing function. For information on sentencing these offences in Scotland, see Practice Note: Sentencing health and safety cases in Scotland. The SC has issued offence‑specific guidelines for courts sentencing...
Requirement for remediation Enforcement authorities must ensure any land they deem to be contaminated under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) is brought to the necessary standard through remediation. Remediation can be undertaken by: an appropriate person, following a remediation notice issued by the enforcing authority an appropriate person or another party, acting voluntarily or under another regime, provided the enforcing authority is satisfied that suitable remediation is being, or will be, undertaken without serving a remediation notice the enforcing authority itself, where it is the appropriate person or holds the power to carry out remediation work According to the Environment Agency’s ( EA) report Dealing with contaminated land in England, at most remediated sites (371/460) the responsibility for carrying out remediation rested with either the Local Authority ( LA) or the EA. At these sites,...
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...
Relevant law Strategic environmental assessment ( SEA) is a structured process for evaluating the environmental implications of particular plans and programmes that are expected to exert significant environmental impacts. Bodies that draft and/or approve any such plan or programme must: analyse the probable significant environmental effects of implementing the plan or programme, consider reasonable alternatives, and compile a report setting out the conclusions of that analysis engage with environmental bodies and the public through consultation have regard to the report and the consultation outcomes during preparation and before the plan or programme is approved publish information on the adopted plan or programme and explain how the environmental assessment was taken into consideration SEA is regulated by the Environmental Assessment of Plans and Programmes Regulations 2004, SI 2004/1633 in England (the English SEA Regulations), and the Environmental Assessment of Plans and...
STOP PRESS: The Conservation of Habitats and Species ( Offshore Wind) ( Miscellaneous Amendments) ( Scotland) Regulations 2026, anticipated to commence on 25 May 2026, set out a tailored regime of compensatory measures for relevant offshore wind activity, revising the Conservation ( Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. Notably, the standard compensatory provisions are switched off for relevant offshore wind projects and substituted with fresh obligations tied to enhancements for the UK MPA network. This Practice Note will shortly be revised to capture these updates. The Practice Note reviews controls and regulatory considerations safeguarding wildlife, habitats and landscapes in Scotland, and how these may affect and influence developers and landowners. It surveys the legal and regulatory framework for protected sites, including special areas of conservation ( SACs), special protection areas ( SPAs), sites of special...
Ro HS Regulations 2012 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (the Ro HS Regulations 2012), give effect to Directive 2011/65/ EU on restricting the use of specified hazardous substances in electrical and electronic equipment ( Ro HS 2). Ro HS 2 superseded Directive 2002/95/ EC, which had been transposed in the UK by the 2006 Regulations, SI 2006/1463, and subsequently by the 2008 Regulations, SI 2008/37 (together, the Original Ro HS Regulations). Under the Ro HS Regulations 2012, duties are placed on economic operators across the supply chain—such as manufacturers, importers and distributors—regarding the placing on the market and the making available of electrical and electronic equipment ( EEE). These Regulations took effect on 2 January 2013, replacing the Original Ro HS Regulations. After IP completion day, the...
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,...
Retained EU Law ( Revocation and Reform) Act 2023 The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) overhauls the framework set by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It has a marked effect on the status and treatment of what had been retained EU law ( REUL); from 1 January 2024, by virtue of the Act, this is recognised as assimilated law. The legislation also confers a broad set of powers enabling the further amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions taking effect on 29 August 2023, and the remaining elements commencing on appointment. It was brought into force on 1 January 2024, save for section 6 ( Role of courts). For...
Reviewed by Professor Richard Macrory The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) empowered regulators to address offences through six civil sanctions rather than pursuing prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) received these powers for specified environmental breaches. In 2015, the regime widened when the EA was authorised to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. In both, Schedule 5 sets out which sanctions are available for each offence. The EA commenced using its powers on 4 January 2011. NE began exercising its powers from 3 January 2012. From 1 April 2013, Natural Resources Wales ( NRW) assumed responsibility for enforcing environmental civil sanctions in Wales. The...
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...
Meaning of remediation Remediation carries a broadly framed and inclusive meaning under the Environmental Protection Act 1990, Pt IIA ( EPA 1990). It can comprise a variety of practical measures, such as, among others: assessment actions: evaluating the state of contaminated land, any controlled waters influenced by that land, or neighbouring and adjacent land remedial treatment actions: measures to eliminate or break significant contaminant linkages ( SCLs) monitoring actions: inspections undertaken to track the condition of the contaminated land, controlled waters, or any adjoining or adjacent land In short, remediation refers to the steps necessary to remove risks to human health, the environment, or controlled waters, and to restore the land so that it remains fully fit for its existing use......
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 ...
Introduction: emissions from transport Surface transport, notably road traffic, is a major driver of environmental emissions, including air pollution, greenhouse gas ( GHG) emissions and noise pollution. It remains the UK’s largest source of GHG emissions, having surpassed power and industry in 2015. The main contributors within surface transport, in particular, are cars, vans and heavy goods vehicles ( HGVs). Emissions fell sharply in 2020 (by 18%) owing to the coronavirus ( COVID-19) pandemic, but have since returned to high levels once again: for example, 2024 figures from the Office of National Statistics indicate that GHG emissions from the transport sector have risen by 39.6% since 2021, largely due to rising activity after the pandemic period. The World Health Organisation reports that transport accounts for a substantial share of air pollution and is also a leading source of GHG emissions, according to the...
UNESCO backs the Ramsar convention focused on conserving and using wetlands. UNESCO estimates that over 64% of the world’s wetlands have vanished since the start of the last century. In most parts of the world, wetlands continue to shrink, undermining the benefits they deliver for people. Wetlands are marshes, fens, peatlands or waters, whether natural or artificial, permanent or temporary, with water that is still or flowing, fresh, brackish or salt, including marine areas where the depth at low tide does not exceed six metres. Wetlands of international importance are designated under the Ramsar Convention. These may also include riparian zones (banks of a stream, river, pond or watercourse) and neighbouring coastal areas, as well as islands or bodies of marine water deeper than six metres at low tide that lie within the wetlands. Ramsar Convention The Ramsar Convention is an...
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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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