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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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For additional practical guidance on key legal issues in the wind sector, consult the textbook: Wind: Projects and Transactions. What is offshore wind? Offshore wind means wind turbines installed in bodies of water, most commonly the sea. These turbines convert the kinetic energy of moving air into electricity. Because wind speeds offshore are typically more stable than on land, offshore projects can produce greater volumes of power. While there are overlaps, offshore turbine technology differs markedly from land-based systems. Offshore wind turbines components Early offshore schemes relied on adapted onshore machines; today, turbines are purpose-designed for marine conditions and deliver higher capacities than the largest onshore units, reaching 8–12 MW (megawatts) compared with about 3–4 MW onshore. Even larger onshore and offshore models are currently being developed and built. As with onshore technology, the key parts of an offshore turbine include the following (see Practice Note: Onshore...
Introduction This Practice Note addresses environmental compliance for running offshore installations and infrastructure in England and Wales. It is a complex field spanning multiple regimes: environmental assessment duties; the need for environmental permits, licences and consents; marine conservation controls; and measures to prevent pollution, manage marine noise and chemicals, and improve energy efficiency and emissions. The precise obligations differ according to the nature of the project. Other regimes also apply but fall outside the scope of this Practice Note. These include marine planning processes, applicable building controls, design and safety standards, relevant health and safety law and decommissioning obligations. In addition, access to the seabed or foreshore may require permission from the Crown Estate or the appropriate landowner, and admiralty consent can be needed under local legislation. For more information, see: Marine...
This Practice Note outlines the regulatory requirements that relate to fire safety within the workplace environment. It focuses specifically on an office-based, non-residential workplace context. Other sector- or premises-specific rules may apply in different contexts and environments, particularly for residential and domestic buildings, such as flats and multi-storey residential properties. Requirements for fire safety in residential and domestic premises, and building regulations relating to fire safety, are expressly outside the scope of this Practice Note. For practical information about managing fire safety in an office-based workplace, see Practice Note: How to manage fire safety in the workplace. Legislative requirements There are several statutory obligations concerning workplace fire safety, including the following areas: what constitutes a workplace who is a ‘responsible person’ general fire precautions, for example: recognition and control of fire risks ...
Background This public body safeguards and enhances the environment by holding government and other public authorities to account in England and Northern Ireland. Its origins lie in a 2018 Department for Environment, Food and Rural Affairs ( Defra) consultation, ' Environmental Principles and Governance after the UK leaves the EU'. That consultation proposed 'a new, independent and statutory body holding government to account for the environment', replacing European Union ( EU) oversight and enforcement that would end when the UK left the EU. Those proposals were developed in the Draft Environment ( Principles and Governance) Bill, which then evolved into the Environment Act 2021 ( EA 2021). Environment Act 2021 EA 2021 received Royal Assent on 9 November 2021. For information on its development, see Practice Note: Environment Act 2021—developments [ Archived]. Sections 22–49 and Schedules 1 and 3 establish the OEP and set out its...
What is the impact of Brexit on the UK nuclear sector? On 31 January 2020 (‘exit day’), the UK stopped being a Member State of the EU. At that moment, a transition/implementation phase began, during which the EU continued to treat the UK as if it were still a Member State for many matters. Leaving the EU also entailed departure from the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition/implementation period ended. This moment, termed ‘ IP completion day’ in UK law, brought transitional measures to a close and triggered substantial changes across the UK’s legal framework. It likewise confirmed the UK’s withdrawal from Euratom. Any developments relevant to this material will be set out below. On 24 December 2020, the UK government confirmed agreement of the EU‑ UK Trade and Cooperation Agreement ( TCA), supported by various...
Conserving biodiversity Section 40 of the Natural Environment and Rural Communities Act 2006 ( NERCA 2006) places a duty on all public authorities in England and Wales to have due regard, when exercising their functions, to conserving biodiversity. The core intention is to embed biodiversity considerations as an integral part of policy and decision-making across the public sector, so that it makes a significant contribution to achieving the government’s commitments in the 25 Year Environment Plan (25 YEP). In doing so, the public sector should be seeking to contribute meaningfully to the delivery of those commitments. The Environment Act 2021 ( EA 2021) further reinforces this duty and contains a range of provisions to drive environmental improvement, placing the 25 YEP on a statutory footing. Development plans and planning decisions have the potential to affect biodiversity outside, as well as inside, relevant...
The Non- Domestic Renewable Heat Incentive ( NDRHI) ceased taking new applications on 31 March 2021. However, in limited cases an application for accreditation (for installations) or for registration (for biomethane production) can still be submitted after that date, as outlined in this Practice Note. This Practice Note also offers a detailed account of the NDRHI’s status in relation to: scheme closure continuing obligations for accredited or registered installations the role of the Office of Gas and Electricity Markets ( Ofgem) how the NDRHI interacts with Contracts for Difference ( Cf D) and the Capacity Market ( CM) the Green Gas Support Scheme ( GGSS), the successor subsidy to the NDRHI What is the NDRHI? The NDRHI applies in GB. A separate but comparable scheme in Northern Ireland has also closed to new applicants and, following a...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note examines which non-domestic privately rented properties ( NDPR) fall within the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962; it also addresses the prohibition on letting NDPR and the way minimum energy efficiency standards ( MEES) interact with energy performance certificate ( EPC) requirements. It forms part of our MEES Practice Note series... Implementation of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 For an overview of the background to the development of MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented...
Climate change and sustainability are now central issues for the property sector The built environment accounts for a significant share of greenhouse gas ( GHG) emissions, and clients—developers, investors, real estate investment trusts ( REITs), pension funds, funders and asset managers—are facing rising regulatory demands and sharper market scrutiny. UK and EU regimes require compulsory disclosures on GHG emissions, energy performance and broader environmental, social and governance ( ESG) considerations. Alongside this, a swell of voluntary frameworks and benchmarks have produced an ‘alphabet soup’ of standards that investors, occupiers and lenders are increasingly insisting upon. At the same time, eligibility for sustainable or green finance is tied to demonstrable sustainability outcomes. This Practice Note outlines the principal implications of climate change, net zero and sustainability, together with the mandatory and voluntary reporting landscapes, with a particular emphasis on those applicable to property in England and Wales. It...
What is biodiversity? Biodiversity describes the breadth of life on Earth. It ranges from bacteria to the 1.7 million recorded animal, plant and fungi species, includes the genetic differences within each of these species, and the variety created by their interactions that together shape complex ecosystems. Why are biodiversity and nature rising up the corporate agenda? The significance of biodiversity is being increasingly acknowledged by companies. This applies not only to those that mainly depend on natural resources, since every organisation relies on functioning ecosystem services. As awareness grows, businesses are recognising their dependencies and impacts on biodiversity across the entire value chain. There is mounting expectation for firms to accept responsibility and disclose their effects. ESG reporting has been used largely in the financial sector to assess responsible investment. This reporting covers a range of criteria that can evaluate how businesses act regarding...
When does Natural England investigate? There is an overlap in the duties of the various enforcement bodies (eg the police, local authorities, the Environment Agency ( EA), Natural England ( NE), Natural Resources Wales ( NRW)) that address crimes against the environment. In any environmental investigation, the first task is invariably to determine precisely which organisation is responsible for enforcement action in the circumstances. For information on the powers held by other environmental enforcement agencies, see the following Practice Notes: Environment Agency—powers to investigate environmental crime Natural Resources Wales—powers to investigate environmental crime Local authorities—powers to investigate environmental crime Scottish Environment Protection Agency—powers to investigate environmental crime For information on the enforcement of environmental offences generally, also see the Practice Note: Environmental prosecution and enforcement policy. NE is an executive Non- Departmental Public Body, sponsored by the Department for Environment, Food and Rural Affairs ( Defra), which was...
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 by using civil sanctions, including environmental enforcement undertakings, instead of initiating a criminal prosecution. Natural England ( NE) have authority to impose enforcement undertakings for a range of environmental offences under the Environmental Impact Assessment ( Agriculture) ( England) ( No 2) Regulations, SI 2006/2522, and the Wildlife and Countryside Act 1981 ( WCA 1981). An enforcement undertaking is a written commitment to take action within a defined period: to ensure the offence does not continue or happen again to return the position, so far as possible, to what it would have been had the offences not occurred to benefit a third party (including, where suitable, a monetary payment), or to deliver an...
Nanotechnology—opportunities and risks Nanotechnology deals with the fabrication and application of matter at ultra-small scales. Nanomaterials are quantified in nanometres (nm) and can be many thousands of times thinner than a human hair; a single hair measures around 80,000 to 100,000 nm across. At these dimensions, substances display properties that diverge from those of the same material in bulk form, enabling novel uses while potentially introducing distinct hazards. Current adopters span key fields and wider industries: Biomedicine, electronics and energy Cosmetics, defence, automotive and agriculture Applications range from high-volume commodities, for example carbon black in car tyres, through to specialised, low-volume technologies. Cosmetics commonly incorporate nano titanium dioxide and zinc oxide to deliver functions such as UV filtering, while gold and silver nanoparticles feature in medical diagnostic tools. A 2023 report put the global nanotechnology market at US$69.15bn in 2022, projecting expansion to US$248.56bn by 2030. The...
The Montreal Protocol seeks to cut the production and use of ozone‑depleting substances ( ODSs) to protect the ozone layer. The original Protocol was agreed on 16 September 1987 and came into force on 1 January 1989. See Practice Note: Montreal Protocol 1987 (substances that deplete the ozone layer)—snapshot. It has since been revised a number of times, with five principal amendments: London Amendment 1990 Copenhagen Amendment 1992 Montreal Amendment 1997 Beijing Amendment 1999 Kigali Amendment 2016 Article 5 countries An Article 5 country is a developing nation whose consumption of the Annex A controlled substances is below 0.3 kilograms per capita up until 1999. Summary of the current control measures A summary of the current control measures, taking account of all the Amendments, is available on the United Nations Environment Programme ( UNEP) Ozone...
Montreal Protocol on Substances that Deplete the Ozone Layer 1987. Protocol to the Vienna Convention for the Protection of the Ozone Layer 1985 (1985 Vienna Convention) Parties: Universally ratified—the first United Nations ( UN) treaty to achieve global application. Location: Montreal, Canada. In force: 1 January 1989. Subject: safeguarding the ozone layer. Revisions Adjustments: 1991, 1992, 1993, 1995, 1996, 1997, 1998, 1999, 2000, 2007 and 2018 Amendments: London 1990, Copenhagen 1992, Montreal 1997, Beijing 1999 and Kigali 2016 What is the Montreal Protocol? The Montreal Protocol operates under the 1985 Vienna Convention, a framework agreement, and is designed to: limit actions that are liable to harm the ozone layer promote cooperation in collecting and sharing information on how human activities affect the ozone layer It establishes a clear schedule to phase out and ultimately eliminate the manufacture and use of substances that deplete the ozone...
Mining Mining is the process of extracting valuable minerals and other geological resources from the earth. These resources include: metals and ores—such as copper, uranium and gold; and non-metals—such as coal, salt and gravel Several mining techniques are utilised, including: strip mining or open cast mining—which removes soil and rock by scraping, or with more forceful methods like blasting, to reach shallow deposits. This accounts for roughly 40% of the world’s coal mines underground mining—where deeper deposits are extracted using various approaches, including: room and pillar mines longwall mines in situ leach mining—where the targeted ore body is dissolved using chemical solutions and then pumped out, causing minimal disturbance at the surface heap...
While a claimant cannot always be stopped from lodging judicial review proceedings, a public authority that follows a well‑founded decision-making process is better placed to convince the court to reject the case at the outset. Under CPR 54.1(2)(a), a judicial review claim is one seeking scrutiny of the lawfulness of either an enactment, or a decision, act, or omission connected to carrying out a public function. This Practice Note sets out measures a public body can adopt to guard against an adverse judicial review outcome. It offers non-exhaustive checklists of factors and sound practice aimed at lowering the prospects of permission being granted for judicial review applications......
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines the minimum energy efficiency standards ( MEES) for domestic private rented property ( DPR) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. Its emphasis is the bar on granting, or continuing, tenancies of domestic private rented homes that fall below the required standard. It forms part of our suite of Practice Notes on MEES. For context and a summary of how MEES evolved, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot......
This Practice Note summarises the minimum energy efficiency standards ( MEES) for the private rented sector arising from the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It sets out how the rules operate for both non-domestic and domestic private rented properties, and points to guidance, strategy, policy and consultations concerning the bar on letting substandard domestic and non-domestic private rented property... Minimum energy efficiency standards ( MEES)—background Legislation The UK has put in place several statutory targets on energy efficiency and carbon reduction, including the obligation in section 1 of the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056, to reduce carbon levels by at least 100% from 1990 levels by 2050 (capturing greenhouse gas emissions from...
This Practice Note outlines the effect on both landlords and tenants of non-domestic private rented ( NDPR) property of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, together with the exclusions and exemptions relevant to NDPR property. It forms part of our series of Practice Notes on minimum energy efficiency standards ( MEES). MEES Regs 2015, SI 2015/962, reg 27 (prohibition on letting substandard NDPR property) Under reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' are undertaken ( MEES Regs 2015, SI 2015/962 reg 29), or one of the exemptions in MEES Regs 2015, SI 2015/962 chapter 4 (consent, devaluation or temporary exemptions) apply An exemption must be registered on the national PRS Exemptions Register ( PRS Exemptions Register) before it can be relied on. The...
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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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