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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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Extension of EPA Part IIA to radioactive contamination At first, land affected by radioactivity was excluded from the ambit of Part IIA of the Environmental Protection Act 1990 ( EPA 1990). Section 78YC of EPA 1990 makes clear that the Pt IIA regime does not apply to harm, or water pollution, attributable to radioactivity. However, that section grants the Secretary of State authority to make regulations and guidance concerning radioactive substances. These powers have been used to create, in effect, a parallel Part IIA scheme for radioactive contaminated land: Radioactive Contaminated Land ( Enabling Powers) ( England) Regulations 2005, SI 2005/3467 Radioactive Contaminated Land ( Modification of Enactments) ( England) Regulations 2006, SI 2006/1379 Radioactive Contaminated Land ( Modification of Enactments) ( Wales) Regulations 2006, SI 2006/2988 The government has published legally binding statutory guidance explaining how local...
What is R22 gas? R22 (chlorodifluoromethane) is a refrigerant categorised as a hydrochlorofluorocarbon ( HCFC), which is an ozone-depleting substance ( ODS). ODS harm the ozone layer that shields life on earth from harmful UV radiation. The main ODS groups are: Chlorofluorocarbons ( CFCs) – compounds such as R12 are the most damaging ODS and were banned in the 1990s. Halons – chiefly used in fire protection systems and retained only for essential purposes like extinguishing aircraft fires; these applications will cease when alternatives are available. Hydrochlorofluorocarbons ( HCFCs) – the largest remaining use of ODS, mainly in refrigeration and air conditioning; R22 is an HCFC. R22 was developed to replace CFCs due to its lower ozone depletion potential, yet it remains a powerful greenhouse gas with a global warming potential 1,800 times that of carbon...
In brief A public authority is not obliged to respond to a request for information under the Freedom of Information Act 2000 ( FIA 2000) if any of the following apply: the anticipated cost would surpass the appropriate limit the request is vexatious the request is repeated an exemption applies The FIA 2000 includes a range of exemptions allowing an authority to withhold the information sought. These broadly fall into two groups: absolute exemptions qualified exemptions, which are subject to a public interest test When managing a request—even where an exemption is engaged—an authority must still meet its duty to offer advice and assistance, so far as it is reasonable. Therefore, even if material is considered exempt, the authority should do more than send a refusal notice and should also think about what additional help can be given to the...
A sewerage undertaker owes a general obligation under section 94(1) of the Water Industry Act 1991 ( WIA 1991) to secure that the area for which it is responsible is, and remains, effectually drained. That obligation is enforceable solely by Ofwat under WIA 1991, s 18. Consequently, to make sure domestic requirements of premises are satisfied by connection to the principal sewerage network within a reasonable period, developers, or owners and occupiers of existing premises, have a right to requisition sewers or lateral drains to meet those needs under s 98 of the Act, provided the financial provisions set out in s 99 (as amended by the Water Act 2014 ( WA 2014)) are observed. Making a requisition A requisition begins with the formal service of a notice on the sewerage undertaker requiring provision of a sewer or a lateral drain. Only the owner or...
Since the arrival of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, commentators have argued that releasing information risks curbing candid and open policy debate within public authorities. Claims of a chilling effect on discussion, and the necessity of a safe space for debate, are usually presented within the public interest considerations advanced by authorities seeking to apply a qualified exemption to an information request. Key illustrations are FIA 2000, s 35 (formulations of government policy, etc), FIA 2000, s 36 (prejudice to effective conduct of public affairs) and EIR 2004, reg 12(4)(d) and (e) (exceptions to the duty to disclose environmental information). Both safe space and chilling effect arguments concentrate on the need to shield internal deliberation and the decision-making process. What is meant by a ‘chilling effect’ and by ‘safe...
Introduction To frame why protected nature sites are essential, the UK State of Nature Report (2023) confirmed that wildlife across the UK continues to dwindle. There has been marked attrition of plants, animals and fungi. The Report identifies the leading drivers of this downturn as development, patterns of land use and agriculture, climate change, unsustainable fishing, and activity at sea linked to development. In the same vein, the Secretary of State for Energy Security and Net Zero, in his ‘ State of Climate and Nature’ statement to the House of Commons on 14 July 2025, observed that climate change and the degradation of nature are inseparable and exacerbate one another. Around the world, species are being lost at a rate far exceeding any other period in human history. In Britain, one quarter of mammals and almost half of bird species now face...
Producer responsibility regimes—liability framework This Practice Note offers an overview and summary of the principal liability framework applying to producer responsibility regimes in England and Wales. It concentrates on four core waste regimes relevant here: packaging waste waste electronic and electric equipment ( WEEE) batteries and accumulators end of life vehicles ( ELV) It describes the underlying legal architecture, key statutory duties, the division of responsibility across the supply chain, and the enforcement approach within each regime. Part 3, section 50 of the Environment Act 2021 ( EA 2021) and Schedule 4 granted powers to the Secretary of State for England (and Welsh Ministers for Wales) to make regulations that place further obligations on producers, including setting and enforcing waste management targets. This permitted the introduction of extended producer responsibility ( EPR) regimes. In England and Wales, the EPR for packaging waste is regulated through the Producer...
Vendors frequently rely on a virtual data room—an online portal with restricted access created by a specialist service provider on the sellers’ behalf, as distinct from a ‘physical’ data room—to co-ordinate the bidding process (where applicable) and the due diligence stage of the transaction. The data room will typically include relevant financial, legal and technical due diligence materials relating to the target’s business, and may contain responses to the due diligence questionnaire......
What is sustainable procurement? Per the UN Global Marketplace, procurement is considered sustainable when requirements, specifications and criteria are built in that align with and advance environmental protection, social progress, and economic development, notably by driving resource efficiency, enhancing the calibre of goods and services, and, in the end, reducing costs. ISO 20400 on Sustainable Procurement describes it as ‘procurement that has the most positive environmental, social and economic impacts possible over the entire life cycle.’ For added detail on ISO 20400, see below in this Practice Note: The use of standards in sustainable procurement. In short, sustainable procurement means weaving environmental, economic and social factors into supply chain due diligence processes and contract terms, with the objective of encouraging suppliers to provide more sustainable offerings. It requires assessing how a product or service affects the environment and society across its full...
Portable batteries—regulatory framework Portable batteries in the UK are governed by two key regimes: The Batteries and Accumulators ( Placing on the Market) Regulations 2008, SI 2008/2164—placing limits on certain substances in batteries and setting labelling duties; see also Practice Note: Battery content restrictions and labelling requirements The Waste Batteries and Accumulators Regulations 2009, SI 2009/890 ( WBAR 2009)—establishing systems for separate collection, treatment and recycling of waste batteries so the UK meets its collection targets These rules originally transposed the Batteries Directive 2006/66/ EC. For detail, see EU Practice Notes: EU Batteries Directive—snapshot [ Archived] and EU Sustainable Batteries Regulation—overview of requirements. Scope WBAR 2009 applies to all batteries and accumulators—irrespective of shape, volume, weight, material make-up or intended use—except those used: in connection with essential security interests in equipment designed to be sent into space WBAR 2009 also overlaps with regimes on waste...
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...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 WEEE 2013, SI 2013/3113, implements the requirements of Directive 2012/19/ EU, the recast WEEE Directive, and repeals and replaces the Waste Electrical and Electronic Equipment Regulations 2006 ( WEEE 2006), SI 2006/3289. The regime is founded on the principle of 'extended producer responsibility', under which producers accept responsibility for the environmental effects of their products, notably at the 'end of their life' when they are discarded as waste. That approach is mirrored in: Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640). End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635). The WEEE Directive (recast), and its predecessor Directive 2002/96/ EC ( WEEE Directive 2002), are likewise based on extended producer responsibility. See Practice Note: Waste electrical and electronic equipment ( WEEE) Directive—snapshot for more...
Summary In March 2014, the Construction Industry Research and Information Association ( CIRIA) published new guidance on the management of risks linked to the occurrence of asbestos in soils and made ground. This Practice Note outlines the background to that guidance and summarises its principal aspects. It also stresses that the Control of Asbestos Regulations 2012, SI 2012/632 ( CAR 2012) apply to asbestos within soils. In July 2016, Contaminated Land: Applications in Real Environments ( CL: AIRE) and the Joint Industry Working Group ( JIWG) released further industry guidance on the application of CAR 2012 to asbestos in soil and to construction and demolition materials. The need for guidance The number of deaths from asbestos-related diseases in the UK has risen sharply in recent decades, reaching around 2,000 per year in 2010, but was expected to have peaked at about 3,400 annually in 2020. This is...
Flood and Water Management Act 2010 The Flood and Water Management Act 2010 ( FWMA 2010) was introduced to achieve: more comprehensive control of flood risk for households and businesses protections against increases in surface water drainage charges security of water supplies for consumers For more information see Practice Notes: Flood management and drainage—responsible bodies and Flooding— UK policy and legislative framework. The FWMA 2010 was commenced by orders of the Secretary of State and Welsh Ministers, each bringing specific provisions into force. It empowers the organisations tasked with flood management to carry out their functions. This Practice Note concentrates on flood risk management powers for Lead Local Flood Authorities ( LLFAs). For who is responsible, see Practice Note: Flood management and drainage—responsible bodies. For more on the FWMA 2010, see Practice Note: Flooding— UK policy and legislative...
ARCHIVED: This Practice Note is archived and not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland. Background to judicial review in Scotland Judicial review is the mechanism through which the courts oversee the use of state power. It has evolved to guarantee that public authorities, wielding legislative or decision-making functions, act only within the limits of the powers granted. The Human Rights Act 1998 ( HRA 1998) broadened the traditional reach of judicial review to cover situations in which a public authority fails to respect an individual’s human rights. Under the HRA 1998, every public body must observe the rights secured by the European Convention on Human Rights, and proceedings for judicial review can be brought to enforce that obligation. For further information, see: Dealing with a human rights challenge. Decision-makers must not only exercise their powers properly as...
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) have commenced. Any procurement launched on or after this date must follow PA 2023, while procurements initiated under the earlier framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Promoting sustainable development via public...
Environmental Permitting ( England and Wales) Regulations 2016 Operators of regulated facilities, under the Environmental Permitting ( England and Wales) Regulations 2016, must obtain an environmental permit and comply with all conditions it imposes. Placing the company into administration or liquidation does not change these obligations; the operator must continue to meet the permit and its conditions or risk committing an offence. An insolvency practitioner ( IP) is bound by the permit’s conditions to the same degree as directors and company officers. The exact role and connection of the IP with the company will depend on the insolvency procedure being pursued. A lender, or another holder of a fixed charge over property, may appoint a receiver under the Law of Property Act 1925 ( LPA 1925) once the charge becomes exercisable. The primary role of an LPA receiver is to demand and collect, for the...
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...
Why are lenders concerned about environmental risk? An expanding body of environmental legislation has reshaped how lenders view environmental risk, and, in general, prompted them to adopt a tougher, more cautious stance overall......
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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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