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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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Robust spatial planning plays a key role in tackling climate change, as it can affect the release of greenhouse gases. Local planning authorities ( LPAs), along with other planning decision-makers, should make sure that safeguarding the local and wider environment is fully taken into account. Good planning can build resilience to climate change impacts through careful choices on the siting, mix, and design of development......
ARCHIVED: This Practice Note has been archived and is no longer maintained Location: Doha, Qatar Dates: 26 November–8 December 2012 Subject: Implementation of the United Nations Framework Convention on Climate Change ( UNFCCC) and the Kyoto Protocol What is the Doha Climate Gateway? At the UNFCCC conference in Doha, Qatar—known as the Doha Climate Gateway—nations resolved to commence a further commitment period under the Kyoto Protocol. They also set a clear timetable to finalise a universal climate accord by 2015. In addition, Parties agreed on approaches to scale up climate finance and technology support for developing countries. The UNFCCC Executive Secretary, Christina Figueres, remarked that Doha represented progress, yet much remains to be done; the opportunity to keep warming under two degrees is barely open, as evidenced by science and data. She stressed that negotiations must now centre on practical methods to quicken action and...
Repeals, following a transitional period ending on 1 June 2015, Council Directive 67/548/ EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions for the classification, packaging and labelling of dangerous substances, and Council Directive 1999/45/ EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of Member State laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations. Amends Assimilated Regulation ( EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ( UK REACH). For details of the amendments, see Assimilated Regulation ( EC) 1272/2008, Articles 57–59. Entry into force: 1 January 2021 Subject: Classification, labelling and packaging of substances and mixtures Background to the GB Classification, Labelling and Packaging Regulation Trade in substances and mixtures is not solely connected to the market in Great Britain ( GB), but is...
Parties: 198 (197 States and the European Union) Location: New York Adopted: 9 May 1992 Entered into force: 21 March 1994 Subject: Climate Change What is the UNFCCC? The United Nations Conference on Environment and Development ( UNCED) — the Earth Summit — met in Stockholm in 1992 to stop and reverse environmental degradation while advancing sustainable, environmentally sound development. At UNCED, two legally binding treaties were adopted and signed: the UN Convention on Biodiversity and the UN Framework Convention on Climate Change. By joining the UNFCCC, Parties committed to collaborate on limiting increases in average global temperatures and the resulting climate change, and to address impacts that were already unavoidable. The Convention took effect on 21 March 1994 and now has near-universal participation. The 197 States and one regional economic integration organisation (the EU) that have ratified it are called...
Parties: 197 Parties Revisions: Montreal Protocol (1987); London Amendment (1990); Copenhagen Amendment (1992); Montreal Amendment (1997); Beijing Amendment (1999) Location: Vienna Adopted: 1985 Came into force: 22 September 1988 Subject: Protection of the ozone layer Background to the Convention Talks on a global accord to safeguard the ozone layer began in 1981, as the human-driven nature of the harm and its worldwide impact made collective action essential. Consensus was secured in March 1985, resulting in the Vienna Convention for the Protection of the Ozone Layer. The early phase of negotiations was spurred by mounting scientific concern over ozone depletion, the shield that screens the earth from excessive ultraviolet radiation from the sun and also helps regulate temperature. Although definitive proof was not yet available, chlorofluorocarbons ( CFCs), halons and comparable chemicals were suspected. When subjected to...
Parties: 51 parties Location: Geneva Adopted: 13 November 1979 Came into force: 16 March 1983 Subject: Transboundary air pollution What is the Convention on Long-range Transboundary Air Pollution? The Convention on Long-range Transboundary Air Pollution (the Convention) became the earliest international, legally binding accord to address air pollution challenges across a wide regional scale. It emerged in response to issues in the 1960s and early 1970s, notably the acidification of Scandinavian lakes, with numerous studies at the time confirming that airborne pollutants could travel long distances before depositing and causing damage. Concluded under the UN Economic Commission for Europe ( UNECE), it was signed in 1979 by 34 governments together with the European Community, entering into force in 1983. It established the principal framework to control and reduce harm to human health and the environment arising from...
Parties: 165 (as of October 2025) Revisions: 2005 Amendment (entered into force 8 May 2016) Location: Vienna, Austria Adopted: 26 October 1979 Came into force: 8 February 1987 Subject: Nuclear safety and transport What is the purpose of the CPPNM? The CPPNM seeks to safeguard the storage and movement of nuclear material. It sets out measures to prevent, detect, and penalise offences involving such material. It is the sole internationally binding commitment on the physical protection of nuclear material intended for peaceful use. What nuclear material is covered under the CPPNM? The CPPNM applies to nuclear material: used for peaceful purposes while in international nuclear transport; and to a limited extent (excluding arts 3 and 4) to domestic use, storage, and carriage of nuclear material for peaceful purposes The term ‘nuclear material’ is set out in full in Article 1(a) of the...
ISO 26000 Released in November 2010, ISO 26000 differs from most international standards that establish a management system. Instead, it offers guidance on social responsibility ( SR) to help organisations advance sustainable development, and, as a result, it is not a certifiable standard. Sustainability is a developing focus for many companies and encompasses a spectrum of environmental, social, and governance ( ESG) considerations. Showing clear commitment and concrete steps towards greater sustainability is increasingly valued by stakeholders. ISO 26000 is designed to help organisations make informed, meaningful enhancements in SR, and thereby progress their broader sustainability programme. The standard sets out direction to shape plans and weave strategies into core business objectives as a way to evidence commitments on ESG topics. For more on ESG and corporates, see Practice Notes: ESG—new starter guide and Sustainable business and...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
Context The Planning Act 2008 ( PA 2008) establishes a consent framework for nationally significant infrastructure projects ( NSIPs) spanning energy, transport, water, waste water, and waste. Development consent order ( DCO) applications are determined by reference to National Policy Statements ( NPSs), which express national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Environmental impact assessment ( EIA) is the process for examining a project’s likely significant environmental effects and factoring them into the decision on whether consent should be issued. It ensures environmental considerations receive appropriate weight alongside economic and social matters, and it facilitates public participation in environmental decision-making. In the DCO context, EIA is required in defined situations under the Infrastructure Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/572 (the EIA...
What does this Practice Note cover? This Practice Note explains what a sustainability-linked bond ( SLB) is, outlines the Sustainability-linked Bond Principles ( SLBPs) issued by the International Capital Market Association ( ICMA), and how they operate. It also explores the outlook for SLBs. For the latest updates and major developments in sustainable finance (including SLBs), see Practice Notes: Sustainable finance—recent news and Sustainable finance and ESG—timeline. For an introductory overview of sustainable finance, see Practice Note: Introductory guide to sustainable finance and ESG for finance lawyers. What are sustainability-linked bonds? SLBs are bonds where the proceeds are not earmarked for green or sustainable projects (unlike ‘use of proceeds’ green or sustainability bonds) and are intended for general corporate purposes. Instead, SLBs are tied to performance against specified key performance indicators (the KPIs) aimed at meeting pre-defined sustainability performance targets ( SPTs). Depending on whether those...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker monitors and distils significant new and forthcoming legislation and consultations in England and Wales concerning waste, including circular economy initiatives linked to end-of-life/waste and plastics, together with the waste producer responsibility regime. It is organised into the following parts: Legislation — highlighting notable upcoming instruments relevant to environment lawyers in England and Wales that take effect from 1 January 2025. Consultations — outlining status updates and latest developments for consultations: those opening from 1 January 2025; those launched earlier but still open as at 1 January 2025; and those in the environmental law sphere in England and Wales that closed from 1 January 2025, run by government departments, regulators and other bodies. For EU activity in this field, see: EU environment tracker...
Background Environmental, social and governance ( ESG) considerations have moved sharply up the agenda for institutional investors in recent years. Numerous proxy advisers now issue dedicated ESG guidance and advise their institutional shareholder clients on voting approaches and wider stewardship practices. Because institutional investors hold substantial stakes in listed companies, and many lean heavily on proxy advisers when casting votes, listed companies closely track those advisers’ policies and voting recommendations. For more on proxy advisers—how they are supervised and the extent of their impact on listed companies—see Practice Note: Proxy advisers and ESG rating agencies—fundamentals. This Practice Note concentrates on the guidelines issued by institutional investors. For an overview of the legal and regulatory landscape for corporate ESG reporting, including obligations under the Listing Rules, the UK Corporate Governance Code ( UKCG Code), the Task Force on...
Japanese knotweed Japanese knotweed was brought to the UK in the 19th century as an ornamental garden plant. In Japan it had been used to stabilise sand banks, and it has been suggested it served a similar role in the UK on embankments. Free from the competitors, diseases and animals that restrain it in its native range, its unchecked, invasive habit soon made it a pest here. Because only female plants were introduced, there was no pollen from male plants, so fertile seeds failed to form. Consequently, virtually all knotweed in the UK has spread from tiny fragments of plant material, mainly roots, carried to new places within knotweed-contaminated soil. The plant expands rapidly below ground and sends up annual shoots each spring. Roots and shoots alike can exploit cracks in buildings and hard surfaces such as concrete and tarmac, gradually causing...
Assimilated Regulation ( EC) 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste ( GB Waste Shipments Regulation) Commencement on 15 July 2006 (art 64.1). In its initial form, the application began on 12 July 2007 (art 64.1). Amendments Assimilated Regulation ( EC) 1379/2007 of 26 November 2007 — effective from 30 November 2007. Assimilated Regulation ( EC) No 669/2008 of 15 July 2008 — in effect 19 July 2008. Assimilated Regulation ( EC) No 219/2009 of the European Parliament and Council of 11 March 2009 — operative from 20 April 2009. Assimilated Regulation ( EC) No 308/2009 of 15 April 2009 — takes effect 19 April 2009. Directive 2009/31/ EC of the European Parliament and Council of 11 March 2009 of 23 April 2009 — in force 25 June 2009. ...
Introduction to the Northern Ireland Protocol ( Windsor Framework) The UK, including Northern Ireland ( NI), has left the European Union ( EU), while the Republic of Ireland ( ROI) remains inside it. The UK and EU agreed there would be no additional checks or controls on goods crossing the ROI– NI land border. As a result, NI continues to align with EU rules for certain regimes, such as agricultural and manufactured products. NI also applies the EU customs code at its ports, streamlined by the Windsor Package. This arrangement introduces some new procedures and notification duties for goods moving between NI and other parts of the UK. The Northern Ireland Protocol ( NIP) forms an integral element of the EU– UK Withdrawal Agreement, which set the terms of the UK’s exit under Article 50 of the Treaty on European Union. Its purpose was to...
Sharm el- Sheikh Summit ( COP27/ CMP17/ CMA4) ARCHIVED: This Practice Note is archived and not being maintained. Location: Sharm el- Sheikh, Egypt Date: 6 November–20 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC), concluded at the 1992 ‘ Earth Summit’ in Rio de Janeiro, seeks to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-caused climate change. There are 198 Parties to the Convention. At the outset, the UNFCCC focused on setting national GHG baselines, using 1990 as the reference year. The Conference of the Parties ( COP) is the Convention’s governing forum, meeting each year-unless Parties agree otherwise-to review progress in addressing climate change. For further detail, see Practice Note: United Nations Framework Convention on Climate Change...
What are invasive non-native species? An invasive non-native species ( INNS) refers to any animal or plant introduced from outside that can spread and cause harm to the natural world, the economy, our health, or daily life. The GB Non Native Species Strategy 2023–30 notes that, by 2021, roughly 2,000 INNS were established in GB, with a further 10 to 12 becoming established each year. This picture is echoed internationally and, without sufficient intervention, numbers will keep rising for the foreseeable future. Climate change is expected to raise the risk posed by many INNS that previously could not take hold. In October 2019, the Environmental Audit Committee ( EAC) released its report on invasive species, finding they cost the UK economy £1.8bn per year through damage to natural biodiversity, disease spread, and other adverse environmental effects. In May 2020, the government indicated it would...
Introduction to UK REACH ‘ REACH’ is the shortened name for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, which concerns the registration, evaluation, authorisation and restriction of chemicals (the REACH Regulation). Before REACH came into force, there were worries that the risks from chemicals placed on the EU market were not being adequately examined or controlled, and that public authorities alone carried this burden. REACH sought to tackle this by transferring the responsibility for understanding and appropriately managing chemical risks to those manufacturing and/or importing chemicals and goods that contain them (ie industry). In addition, REACH aims to: ensure a high level of protection of human health and the environment allow the free movement of substances on the EU market enhance the competitiveness and innovation of the EU chemicals industry, and promote the use of alternative methods for assessing hazardous...
A requestor, or more accurately a complainant, may challenge the handling of a request for environmental information where they believe a public authority has not met a requirement under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). The initial step is to take the matter up with the relevant public authority. If it remains unresolved, the further steps referred to in this Practice Note should then be followed... How and when should a requestor complain? Internal complaints procedure In the first instance, a complaint should be submitted to the relevant public authority itself, which is required to operate a process for handling internal complaints. It should be lodged within 40 working days from the date on which the complainant considers the authority failed to comply with the EIR. Upon receipt of a complaint, the public authority must, free of charge: consider 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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