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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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What is a reservoir? The Reservoirs Act 1975 ( RA 1975), as amended by the Flood and Water Management Act 2010 ( FWMA 2010), applies only to “large raised reservoirs”. This includes: a large raised structure intended or used for collecting and storing water a large, raised lake or another area capable of storing water that was created or enlarged by artificial means A structure or area is considered “raised” if it can hold water above the natural level of any part of the surrounding land ( RA 1975, s A1(2)). A raised structure or area is “large” if it can hold 25,000 cubic metres of water in England, or 10,000 cubic metres in Wales, above the natural level of any part of the surrounding land. Large raised reservoirs must be registered with the Environment Agency ( EA) in England or Natural...
Sources of rights and responsibilities for flood management and drainage The legal framework governing flood management and drainage originated in the nineteenth century within land law. Back then, these issues were treated as private matters to be resolved between neighbouring owners. Over time, policy shifted to acknowledge flooding as a collective challenge, with public bodies now central to preventing and managing floods for communities. Even so, many core rights and obligations concerning flooding and drainage still attach to, and pass with, ownership of land. Landowners therefore need a clear grasp of their rights and duties in this area. Indeed, when a flooding dispute emerges, landowner rights and responsibilities are often the first point to consider. This Practice Note sets out the principal sources of those rights and responsibilities for flood management and drainage, together with the key...
Types of waste In England and Wales, aside from public health laws, landfill operations were not regulated until the Control of Pollution Act 1974 ( CPA 1974). As a result, older landfill sites may have taken in a broad spectrum of potentially hazardous materials, such as asbestos, chemical wastes, effluent and sludge. Waste falls into categories including commercial, household, industrial and hazardous. Before any waste is consigned to landfill it must be: treated (with limited exceptions) classified characterised to identify the class of landfill it will go to For details on the classification of waste, see Practice Note: Waste duty of care—classification and coding. In England and Wales, landfill disposal is regulated under the Environmental Permitting Regulations 2016. The Government has issued guidance on the disposal of waste to landfill in England......
What is landfill tax? Landfill tax is an environmental levy managed in England and Northern Ireland by the Commissioner of Customs and Excise, through HMRC Central Unit ( Landfill Tax). For an overview of landfill tax in Wales and Scotland, see the Practice Notes on Landfill disposals tax ( Wales) and Scottish landfill tax. Who pays landfill tax? Ordinarily, the ‘operator’ of the landfill site is responsible for paying landfill tax. The operator is the permit holder for a landfill site, or the person who ought to have a permit for sites where material is disposed of. If the permit holder has no direct involvement in operating the site itself, the liability to pay the tax also extends to the ‘controller’ of the site. The controller is the person who decides what material is permitted to be disposed of at the particular landfill site. A...
Introduction Landfill sites, both operational and former, present environmental concerns owing to the nature of wastes disposed at these locations over many years. Key potential risks include: soil contamination surface water and groundwater pollution release of toxic gases, including methane, volatile organic compounds and carbon dioxide In England and Wales, landfill sites are regulated under the Environmental Protection Act 1990 ( EPA 1990), Part II, in particular, as well as the Environmental Permitting ( England and Wales) Regulations 2016 SI 2016/1154 ( EPR 2016). The principal regulatory bodies are the Environment Agency ( EA) in England and the Natural Resources Body for Wales ( NRW). The lead government departments/bodies (the appropriate authorities) are the Department for Environment, Food and Rural Affairs ( Defra) for England together with the Secretary of State for Environment, Food and Rural Affairs (the Secretary of State) and Welsh...
Landfills in the UK Historically, landfills across the UK followed a dilute and disperse principle, whereby contaminants were allowed to seep gradually into the environment. The introduction of the Waste Framework Directive (2008/98/ EC) and the Landfill Directive (1999/31/ EC), along with other statutory measures, brought about major changes: the need for landfill has declined due to landfill tax, diversion goals and recycling targets design, construction standards and containment practices have advanced tighter controls now apply to active sites, including pre-treatment of waste and a prohibition on liquid waste environmental permits can only be given up when a site no longer presents risks to the environment or human health operators must provide financial bonds to cover aftercare duties Consequently, the number of operational contained landfills is falling, though many thousands of older dilute and disperse sites still exist...
What is landfill disposals tax? Landfill disposals tax is an environmental levy overseen by the Welsh Revenue Authority. From 1 April 2018, sending waste to landfill in Wales ceased to fall under UK landfill tax and instead became liable to landfill disposals tax. In June 2017, the Welsh Parliament ( Senedd) approved the Landfill Disposals Tax ( Wales) Bill. This measure replaces UK landfill tax in Wales with effect from 1 April 2018. The Bill followed a consultation, with Welsh Ministers exercising powers granted by the Wales Act 2014. It received Royal Assent on 7 September 2017, creating the Landfill Disposals Tax ( Wales) Act 2017 ( LDT( W) A 2017). The Landfill Disposals Tax ( Wales) Act 2017 ( Commencement No 1) Order 2017, SI 2017/955, was made on 28 September 2017. These arrangements apply across Wales......
ARCHIVED: This Practice Note has been archived and is not being maintained at present. Under the Kyoto Protocol, the developed economies listed in Annex I to the UN Framework Convention on Climate Change (the Annex I Parties) accepted specific targets to cut greenhouse gas ( GHG) emissions across two separate commitment periods. The initial period covered 2008 to 2012 and obliged Annex I Parties to reduce total GHG emissions by at least 5% below 1990 figures. The subsequent period spanned 2013 to 2020 and called for cuts of at least 18% beneath 1990 levels; however, after 2012 these obligations were not legally binding......
ARCHIVED: This Practice Note is archived and no longer maintained Kyoto Protocol to the United Nations Framework Convention on Climate Change ( Kyoto Protocol) Parties: 192 — see ratification status for details Location: Kyoto, Japan Adopted: COP3 on 11 December 1997 Entered into force: 16 February 2005 Subject: Climate change The Kyoto Protocol From 2008 to 2020, the Protocol required developed economies listed in Annex I to the UNFCCC ( Annex I Parties) to meet quantified reductions in greenhouse gas emissions. These commitments covered the following gases: carbon dioxide ( CO2) methane nitrous oxide hydrofluorocarbons perfluorocarbons sulphur hexafluoride The UNFCCC’s objective is to stabilise greenhouse gas concentrations at a level that prevents dangerous human-induced disruption of the climate system. Its signatories endorse principles that curb emissions, and the Kyoto Protocol...
Relevant articles The Journal of World Energy Law and Business ( JWELB) serves as the official publication of The Association of International Energy Negotiators ( AIEN) (previously The Association of International Petroleum Negotiators ( AIPN)) and carries pieces on legal, commercial and policy matters within the international energy sector, covering upstream oil and gas transactions, finance, taxation, regulation, dispute management, alternative energy resources, energy policy and security, and international energy organisations. These works, addressing both domestic and international topics, may interest energy lawyers and are accessible via links from this page. These articles are available solely to Lexis+® subscribers. Publication Date Article Jurisdiction Brief description of article 1 December 2024 — Good Oilfield Practice: its history and evolution — J World Energy Law Bus (2024) 17 (6): 351 — World. Good Oilfield Practice defines the standards by which oil and gas operators conduct their...
What is ISO 14001:2015? ISO 14001:2015 is an internationally recognised standard that sets out the requirements for creating, implementing and operating an environmental management system ( EMS). Part of the ISO 14000 series for managing environmental responsibilities, it offers a structured method for planning, delivering and overseeing an EMS. It is not a legal or regulatory obligation, but a framework of documented procedures subject to independent audit and verification... The guidance explains it can be applied, in full or in part, to drive systematic improvements in environmental management. It is a voluntary standard intended for organisations in any industry; registration or certification is not compulsory. Organisations may self-declare their EMS, including details of any third-party audit and verification undertaken. Implementation follows the ‘plan-do-check-act’ ( PDCA) cycle, requiring ongoing review and continual improvement, evidenced by EMS...
ARCHIVED: This Practice Note is archived and no longer maintained. Investment contracts An investment contract is an early variant of a contract for difference ( Cf D), established under the Energy Act 2013 ( EA 2013) as a stopgap to prevent a pause in investment while the Cf D scheme was being completed, and before the broader Cf D programme arrangements had been finalised. These arrangements mirror Cf Ds by paying the generating party to the agreement the gap between the ‘strike price’ and the ‘reference price’. The ‘strike price’ represents the electricity price that reflects the cost of deploying a specific low carbon technology, whereas the ‘reference price’ captures the average market price for electricity in the market. In effect, the instrument hedges against wholesale electricity price swings, providing long-term price certainty and stabilisation for low carbon plant, and thereby helping projects proceed with...
Reading a request objectively Where a request made under the Freedom of Information Act 2000 ( FIA 2000) is expressed plainly and without ambiguity, the receiving public authority has 20 days to supply the information sought. As a rule, there is no duty to hunt for alternative constructions of a straightforward request, or to consider material that falls outside its scope (see Adedeji v Information Commissioner). However, if the wording is unclear, for example: more than one meaning can reasonably be taken, or on reviewing any context provided, the wording proves ambiguous FIA 2000 gives a public authority a means to seek clarification so it can identify and locate the information requested. In reading a request objectively, an authority should be careful to: avoid overlooking ambiguity: in Berend v...
First prepared with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh. Shipping emissions: background Maritime transport, or ‘shipping’, accounts for 2.89% of anthropogenic greenhouse gas ( GHG) output—around 1,076 million tonnes of CO2. As close to 90% of global trade moves by sea, the sector is central to future climate action (see Behnam A, ‘ The Nexus of Ocean Trade and Climate Change: A Review Essay’ (2015) 29 Ocean Yearbook 11). Accordingly, a business-as-usual pathway for shipping is incompatible with the objective of ‘holding the increase in the global average temperature to well below 2°C above pre-industrial levels’ as set out in Article 2 of the Paris Agreement. See Practice Note: The Paris Agreement 2015—snapshot. The international climate regime and maritime emissions The ‘international climate regime’ is generally taken to comprise the UNFCCC (1992), the Kyoto Protocol (1997), and the Paris...
Overview of Land Drainage Act 1991 The Land Drainage Act 1991 ( LDA 1991) forms part of the broader statutory regime for overseeing water resources and flood risk in England and Wales, alongside the Water Resources Act 1991 and the Water Industry Act 1991. This framework was significantly reshaped by the Flood and Water Management Act 2010. See Practice Note: Flooding— UK policy and legislative framework. Part 5 of the Environment Act 2021 ( EA 2021) amended the LDA 1991 to strengthen water management in England and Wales. Amendments made by EA 2021 permit the incorporation of internal drainage boards ( IDBs) as described below. The LDA 1991 also brings together provisions on the powers, functions and duties of IDBs. For more on the LDA 1991, see Practice Note: Land Drainage Act...
What is insurance law? Insurance law divides into three strands: insurance contract law, setting the rules of the bargain between policyholders and insurers the law of intermediaries, governing insurance arranged via agents (as with the majority of placements) insurance company law, addressing prudential soundness, integrity and the supervision of insurers This Practice Note focuses chiefly on insurance contract law. For wider regulatory material, see our ‘regulation of insurance’ subtopic, including Insurance & Reinsurance—regulatory framework—overview and Insurance & Reinsurance— Regulated activities—overview. Reform of the insurance sector In January 2006, the Law Commission and the Scottish Law Commission (together, the Law Commissions) began consulting on modernising insurance contract law. Their programme was then separated into three streams: consumer insurance law reform: pre-contract disclosure and misrepresentation insurance contract law reform: business disclosure, warranties, insurers’ remedies for fraudulent claims, and late payment insurance contract law...
Designed for in-house legal teams, this risk management guide offers a practical checklist for tackling an organisation’s environmental risks and equips you with tools to track compliance with applicable laws... Managing environmental risk General counsel and in-house lawyers will weigh environmental risk to differing extents, largely shaped by the nature of the organisation and the drivers that require proof of compliance with environmental legislation. For instance, those seeking to obtain and retain ISO 14001 certification must be able to demonstrate legal conformity (refer to Practice Note: Environmental management—environmental legal registers), while others are directly subject to environmental rules to ensure their operations remain sustainable. At a time when stakeholders expect companies to evidence their environmental, social and governance ( ESG) commitments, managing environmental exposure will sit prominently on the agenda for in-house legal functions... This guide sets out: principal...
This Practice Note addresses the United Nations-supported Principles for Responsible Investment and considers sector guidance and recommended practical actions for private equity houses to embed environmental, social and governance ( ESG) considerations within private equity vehicles and their portfolio businesses. Overview of tools and resources Numerous industry and sector-focused organisations (including development finance institutions ( DFIs) and non-governmental organisations ( NGOs)) provide publicly available tools and resources to assist private equity firms with integrating ESG factors into their investment decisions and operations. The principal bodies and their tools and resources include: Principles for Responsible Investment ( PRI): Supplies guides and case studies on ESG integration. ( Resource/tool: PRI Data Portal) Sustainability Accounting Standards Board ( SASB): Provides sector-specific ESG standards for financial materiality. ( Resource/tool: SASB Materiality Finder) Global Reporting Initiative ( GRI): Sets out a framework for...
Brexit impact From 31 January 2020 (exit day), the UK ceased to be an EU Member State. However, an implementation period followed, during which the EU continued to treat the UK as a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period concluded. That moment—termed ‘ IP completion day’ in UK law—brought transitional arrangements to a close and triggered significant changes across the UK’s legal framework. Any changes relevant to this content are noted below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new class of domestic law—retained EU law ( REUL)—comprising 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...
Why is human rights due diligence important? Although not presently mandated by UK law, human rights due diligence is widely regarded as sound industry practice, shaped by the UN Guiding Principles on Business and Human Rights ( UNGPs). In practice, exposure to liability is rising for companies—and their directors—who neglect these responsibilities. The Court of Appeal’s June 2024 judgment in R (on the application of World Uyghur Congress) v National Crime Agency ( NCA) confirms that anyone importing or selling goods in the UK, while knowing or suspecting they originate from forced labour, may face criminal investigation and prosecution. For more information, see News Analysis: Pulling at the thread—new judgment confirms supply chain risk for companies ( R (oao World Uyghur Congress) v NCA). Elements of the responsibility to respect human rights can already be compelled by national law, for example through health and safety,...
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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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