Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
This Practice Note outlines the obligations under the Petroleum ( Consolidation) Regulations 2014 (2014 Regulations), SI 2014/1637, requiring operators of petrol filling stations to hold a petroleum storage certificate from the Petroleum Enforcement Authority, and requiring non‑workplace premises storing petrol to obtain a licence for storage. It also reviews the applicability of other health and safety legislation, and the environmental permitting regime, to the unloading of petrol into storage at petrol stations. Petroleum ( Consolidation) Regulations The 2014 Regulations, SI 2014/1637, which took effect on 1 October 2014, apply to: workplaces that keep petrol where petrol is dispensed directly into vehicles, ie petrol filling stations non‑workplace premises storing petrol, ie at private homes, or at clubs/associations General prohibition on the keeping of petrol No person may keep petrol except in accordance with the 2014 Regulations, SI 2014/1637, reg 5 or 13. Regulation 5 provides that...
Petrol stations in the UK From a high of 39,958 in the late 1960s, the UK now has roughly 8,400 petrol forecourts. When assessing environmental liabilities linked to these sites, attention should cover locations that are: active forecourts forecourts approaching closure and earmarked for redevelopment, and former forecourts that have already been redeveloped Given their (often) central urban positions, redevelopment frequently targets housing. While fuel is branded by the oil majors, many sites are operated by smaller owners. Rising land values linked to redevelopment have prompted numerous closures, particularly where small operators have struggled to remain viable. Potential environmental liabilities associated with petrol stations Petrol stations can create environmental harm through: leaks from underground storage tanks ( USTs) and connecting pipework to pumps failures in drainage, run-off from spills, or poor performance of interceptors, and vapours during tank...
What are petrol filling stations? Traditional filling stations retail petrol, diesel and paraffin, typically stored in underground tanks of varying sizes. Sites range from small urban or rural forecourts with only one or two pumps to larger garages that also operate full workshops providing repair and maintenance services. The overall number of forecourts has decreased since the 1960s, and many locations have shifted from oil company ownership to dealer operation. Activities Petrol is a blend of volatile hydrocarbons with chemical additives. Oxygenates are included to improve stability and deliver anti-knock properties; the amounts of anti-knock compounds are regulated by legislation and have been progressively reduced. In unleaded petrol, these have been replaced with other substances, such as methyl tertiary butyl ether ( MTBE), which acts as an octane booster. Detergents are also added to help keep carburettors, fuel injectors and inlet valves free from carbon...
Assimilated Regulation ( EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants ( Text with EEA relevance) ( Assimilated Regulation) Entry into force: 15/07/2019 ( Date pub. +20). By Article 22, this measure repeals Regulation ( EC) 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/ EEC. Legislation in England and Wales Legislation for England and Wales has been introduced in connection with the Assimilated Regulation; see Legislation in England and Wales. The Persistent Organic Pollutants ( Various Amendments) Regulations 2019, SI 2019/1099, revise existing instruments to bring them into line with the Assimilated Regulation, taking effect in part on 15 July 2019 and in full on 12 August 2019. The Persistent Organic Pollutants ( Amendment) ( EU Exit) Regulations 2020, SI 2020/1358, were made to correct...
Introduction POPs are hazardous chemical substances that can cross national boundaries, are often detected far from their points of release, persist in the environment, and bioaccumulate—i.e. build up within the bodies of living organisms—thereby posing risks to human health and the natural world. They are toxic compounds that break down only very slowly and enter food chains. These priority pollutants comprise pesticides, industrial chemicals, and unintended by-products of industrial processes. POPs are frequently carried by air and water across borders to locations far from their sources, including regions where they have never been produced or used, with impacts on ecosystems. For more information on POP emissions, see the data, trackers and indicators on the European Environment Agency website. Efforts to control and ban POPs International At international level, two major Conventions (international treaties) provide the foundation for more targeted control measures......
What is an environmental report? Environmental reporting is typically carried out to evaluate site-specific environmental risks and liabilities. They are commissioned for a range of purposes, such as: undertaking due diligence on behalf of a purchaser or vendor of a property or corporate entity responding to regulatory action, or supporting ongoing environmental management by owners or operators Environmental reports can include: contaminated land assessments (desk-based, Phase 1, Phase 2 and remediation) flood risk assessments ground stability appraisals asbestos surveys The extent of data, analysis and assessment required depends on the probability and scale of the risk associated with any given site. An environmental consultant can advise which type of environmental report is needed. See Practice Note: Environmental investigations—types of searches and investigations. Why is peer review...
In short, section 34 of the Freedom of Information Act 2000 ( FIA 2000) creates an exemption from the ordinary section 1 obligations—the duties to confirm or deny whether information is held, and to disclose it—where doing so is necessary to prevent a breach of Parliamentary privilege. This is an absolute exemption, so the public interest test does not apply. A certificate issued by the appropriate authority—the Speaker for the Commons, or the Clerk of the Parliaments for the Lords—confirming that the exemption is, or at any time was, required to avoid infringing the privileges of either House of Parliament is conclusive evidence of that position. How does Parliamentary privilege relate to freedom of information? In addition to the protection provided by Article 9 of the Bill of Rights, which bars the questioning of proceedings in Parliament, Parliamentary privilege also safeguards each House’s...
ARCHIVED: This Practice Note has been archived and is not maintained The Regulatory Enforcement and Sanctions Act 2008 permits regulators to be granted powers to address offences using civil sanctions, including environmental enforcement undertakings, rather than commencing a criminal prosecution. The Environment Agency ( EA), Natural Resources Wales ( NRW) and Natural England ( NE) have authority to impose enforcement undertakings for a range of offences under the Producer Responsibility Obligations ( Packaging Waste) Regulations 2007 ( PRO( PW) R 2007), SI 2007/871. Note that on 1 January 2026, PRO( PW) R 2007, SI 2007/871 will be revoked and replaced by the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332. An enforcement undertaking is a written commitment to take actions within a defined period: to ensure the offence does not continue or reoccur to restore the position, so far as possible, to what it would have...
Extended producer responsibility regime From 1 January 2026, the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332—updated by the Producer Responsibility Obligations ( Packaging and Packaging Waste) ( Amendment) Regulations 2025—will repeal and supersede the producer duties set out in the Producer Responsibility Obligations ( Packaging Waste) Regulations 2007. The 2024 framework introduces the extended producer responsibility ( EPR) regime for packaging and packaging waste across England and Wales. Although the 2024 Regulations chiefly place duties on producers of packaging and packaging waste, they also affect both reprocessors and exporters, who help to verify results and underpin compliance throughout the packaging waste chain at every stage. In addition, reprocessors and exporters face specific regulatory requirements, including, for example, compulsory registration and the submission of data and information to support verification and compliance......
A compliance scheme is an organisation that supports enrolled producers by assuming their statutory duties, such as registration, submitting data, and achieving recovery targets. Each scheme is tied to a particular product type. In England and Wales, schemes operate for packaging waste, WEEE and batteries. This Practice Note considers how packaging waste compliance schemes are regulated under the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024. It sits within a wider suite of materials on packaging and packaging waste, including: Extended producer responsibility regime for packaging and packaging waste Reprocessing and exporting of packaging waste Packaging design and use Packaging waste compliance scheme The Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332, as amended, bring in the extended producer responsibility ( EPR) regime for packaging and its waste in England and Wales. From 1 January 2026, they will...
The Packaging ( Essential Requirements) Regulations 2015 ( PERR 2015) PERR 2015 sets the rules for compliant packaging product design across England and Wales in practice. They oblige producers to create packaging that is minimised, recyclable and within specified substance thresholds. These duties sit alongside the extended producer responsibility ( EPR) regime in England and Wales, which applies at a later stage in the packaging lifecycle and makes producers account for the environmental impacts of packaging waste and pay for its collection and management. Because EPR fees are modulated by recyclability, the PERR 2015 push to use recyclable, minimal packaging has a direct and measurable influence on those fees and charges. For further detail on EPR for packaging and packaging waste, see Practice Note: Packaging and packaging waste—extended producer responsibility regime, which provides additional information. In practical terms, the plastic packaging tax,...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Background When the Energy Act 2013 ( EA 2013) took effect, and to some extent still today, the UK was grappling with significant issues across its electricity system. These encompassed: developing low-carbon generation capacity to hit net zero carbon goals (as prescribed under the Climate Change Act 2008, as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056) replacing power plants approaching the end of their operational lives modernising grid infrastructure to cope with a higher share of intermittent and inflexible generation (for example wind and nuclear respectively, in contrast to conventional and responsive sources such as coal-fired turbines) and a growing population delivering gains in energy efficiency, notably within older, inefficient building stock, to help restrain energy...
OSPAR The OSPAR Convention for the Protection of the Marine Environment of the North- East Atlantic 1992 ( OSPAR) is an international agreement rooted in the 1972 Oslo Convention against dumping and the 1974 Paris Convention, which expanded Oslo's scope to land-based marine pollution and the offshore sector. Those two instruments were later consolidated and developed through OSPAR, which further extended their combined reach. In 1998, a biodiversity and ecosystems annex was agreed to cover non-polluting human activities capable of harming the sea. For further details, see Practice Note: Convention for the Protection of the Marine Environment of the North- East Atlantic ( OSPAR)—snapshot. OSPAR deals with every source of contamination of the marine environment and the harmful impacts of human activities on it, applies the precautionary principle, and enhances regional co-operation through co-operative regional action across the North- East Atlantic region......
Convention for the Protection of the Marine Environment of the North- East Atlantic ( OSPAR) Parties Fifteen governments and the EU: Belgium Denmark Finland France Germany Iceland Ireland Luxembourg the Netherlands Norway Portugal Spain Sweden Switzerland the United Kingdom the EU Adopted 22 September 1992 Entry into force 25 March 1998 Full text Convention for the Protection of the Marine Environment of the North- East Atlantic Subject Marine pollution, marine conservation OSPAR OSPAR is a regional arrangement through which 15 governments and the EU (see implementing Council Decision 98/249/ EC) co-operate to safeguard the marine environment of the North- East Atlantic. Its name stems from the two instruments it replaced: the 1972 Oslo Convention on preventing pollution by dumping from ships and aircraft, and the 1974 Paris Convention tackling pollution from land-based sources. Those original treaties reflected rising...
Environmental insurance helps control environmental risk, supporting active businesses as well as numerous transactions and development schemes. For general guidance on environmental insurance, refer to the following Practice Notes: Environmental insurance—when is it needed? Environmental insurance—extent of coverage Environmental insurance—types Environmental insurance—advantages and disadvantages Gaps in public liability policies Conventional cover, including public liability policies, fails to give businesses sufficient protection against environmental liabilities. Reasons include: protection generally applies only to ‘sudden and accidental’ releases permitted discharges are not treated as ‘accidental’ wear-and-tear is not viewed as ‘sudden’—even where the pollution event occurs abruptly while some liabilities under the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810 ( EDR England) and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR Wales) might be insured,...
For additional hands-on guidance on key legal matters in the wind sector, also consult the textbook Wind: Projects and Transactions. What is onshore wind? Onshore wind describes turbines sited on land. These machines convert the kinetic energy of moving air (wind) into electrical power. In essence, they turn wind energy into electrical generation. The configuration and height of each turbine influence output. Wind turbines components Turbines use blades that spin about a hub linked to the nacelle at the top of a steel tower, high above the ground. Most feature three blades rotating about a horizontal axis. Two‑bladed variants exist, generally at smaller scale. Horizontal‑axis machines account for most of the sector; they extract more electricity from a given wind resource, though they are less effective in turbulent conditions that can reduce performance. Figure 1—an example of horizontal‑axis turbines (source: WSP)....
Oil & Gas— Onshore licensing regime Regulatory body Historically, oversight of the UK’s oil and gas resources rested mainly with the Department of Energy and Climate Change ( DECC), acting for the Secretary of State ( So S). Acting on Sir Ian Wood’s recommendations in his review of oil and gas recovery on the UK Continental Shelf ( UKCS) (the Wood Review), the Government created a new independent regulator, the North Sea Transition Authority ( NSTA) (formerly the Oil and Gas Authority), to assume DECC’s regulatory and licensing roles for all oil and gas exploration and production across the United Kingdom and the UKCS, covering applicable exploration and production operations throughout those areas, as announced by Government. On 14 July 2016, it was confirmed that DECC would be amalgamated with the Department for Business, Innovation and Skills, forming the Department for Business, Energy and...
Introduction This Practice Note addresses environmental compliance for onshore infrastructure schemes in England and Wales. The field is intricate, encompassing multiple strands of regulation, from obligations to undertake environmental assessment and matters linked to site preparation, to requirements for environmental permits, licences and consents, initiatives to prevent pollution, protection of nature and biodiversity, pollution management, chemicals, energy efficiency and emissions. What is required will differ according to the project type, its siting, the scale involved and the environmental sensitivity of the locality. Further legal frameworks must be observed that fall outside this Practice Note, for example planning rules must be adhered to and the relevant building controls, design criteria and safety standards must be met, together with applicable health and safety law, highways and utilities obligations, and landowner or other third-party rights as well as compliance duties elsewhere......
This Practice Note outlines key legal considerations relating to the Water Services Regulation Authority ( Ofwat) and oversight of water and sewerage in England and Wales. Roadmap for reform of water industry In October 2024 an Independent Commission into the water sector and its regulation, the IWC, chaired by Sir Jon Cunliffe, was established. The IWC was mandated to report to the UK and Welsh governments with proposals to address structural problems in the sector so as to ‘restore rivers, lakes and seas to good health, to meet the challenges of the future and drive economic growth’. In July 2025 the IWC issued its Final Report, setting out 88 recommendations to the UK and Welsh governments to reshape the industry. At the same time, Defra confirmed, via press release, the abolition of Ofwat in what is expected to be the most...
ARCHIVED: This Practice Note is archived and is no longer maintained. Introduction Feed-in Tariffs ( Fi Ts) provide financial support for electricity produced from low-carbon sources. They deliver guaranteed payments per kilowatt hour (p/k Wh) over a set term to small-scale low-carbon generators. These payments are made by electricity suppliers, who recover the extra expense from their customers, so the additional cost of renewable power is shared across the whole electricity market. For wider details on the Fi T scheme and current activity, including consultations, regulatory guidance and key amendments, refer to the resources below. Practice Note: Feed-in tariff ( Fi T)—key features and the Feed-in tariff scheme tracker showing status and recent developments Ofgem: Essential Guide to applying for ROO- Fi T accreditation Closure of the Fi T On 19 July 2018, BEIS confirmed (as expected) that the Fi T would close to new...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
