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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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This Practice Note contains guidance on assessing the risk of your organisation causing or contributing to an adverse human rights impact Human rights due diligence and risk assessment are not presently mandated by UK law; however, they remain a core element of the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights ( UNGPs). Adopting these practices is also sound business sense, helping to safeguard an organisation against operational and reputational risks linked to causing or contributing to adverse human rights impacts. In addition, particular facets of the responsibility to respect human rights may already be required by domestic legislation, such as health and safety, non-discrimination, or environmental laws. The EU Corporate Sustainability Due Diligence Directive, Directive ( EU) 2024/1760 ( CSDDD), further introduces compulsory human rights and environmental due diligence obligations for the largest...
Greenwashing This Practice Note explores the notion of ‘greenwashing’ and the various litigation exposures it generates within the legal system of England and Wales. Note: where greenwashing risk is assessed under the Financial Services and Markets Act 2000 ( FSMA 2000), it applies only to UK publicly traded companies or companies seeking admission to a UK stock market, and to their directors, in connection with claims concerning misleading statements and omissions in a company’s prospectus and published information. Where greenwashing is considered in the context of section 463 of the Companies Act 2006 ( CA 2006), it is relevant to all UK companies. ‘ Greenwashing’ is a term of art originating in discussions around environmental and climate change matters, as set out below. It is also frequently mentioned alongside ‘ ESG’, a collective label for the environmental, social and governance elements of a...
Assimilated Regulation ( EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast) ( GB PIC Regulation) Entry into Force: 1 January 2021 Subject: Hazardous substances, chemicals Background to the GB PIC Regulation Regulation ( EU) No 649/2012 concerning the export and import of hazardous chemicals (the EU PIC Regulation) supersedes the Prior Informed Consent Regulation ( EC) No 689/2008 on the export and import of dangerous chemicals and has applied since 1 March 2014. Its objectives are to give effect to the UN Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, fostering shared responsibility and co-operative efforts in the international movement of hazardous chemicals, in order to protect human health and the environment from potential harm and to support the...
Practice Note This Practice Note sits within our suite of comprehensive guidance on the key provisions of the standard form Contract for Difference ( Cf D), issued to renewable electricity generators through the Cf D allocation rounds run to date. The emphasis here is on the Cf D terms that apply from signature up to the point a project is commissioned, when payments under the Cf D commence. Our other relevant Practice Notes in this series include: Detailed guidance on the terms of the standard form Contract for Difference ( Cf D): from commissioning to expiry — offers complementary guidance on the Cf D provisions that apply once a project has been commissioned and subsidy payments have begun Contracts for Difference ( Cf D) — key features — sets out a detailed overview of the Cf D regime as a whole,...
ARCHIVED : This Practice Note has been archived and is not maintained. Scope of exemption Disclosure of personal data under freedom of information ( FOI) will be exempt where releasing it would breach the data protection principles or a notice under section 40(3) of the Data Protection Act 1998 ( DPA 1998), or where the material falls within DPA 1998, s 40(4) (enforcement notice). In most situations, reliance is placed on the breach of principles exemption. Although absolute, the public authority must still consider what is fair. Disclosure is allowed if the data subject has consented. Yet the mere absence or refusal of consent is not conclusive. The authority is required to weigh fairness, by reference to the above factors, when deciding whether to disclose despite a refusal, or where consent has neither been given nor refused. When is consent needed? Data counts as personal data only if it...
The freedom of information ( FOI) case tracker collates and outlines notable judgments and case law concerning the application of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391... Background reading Freedom of information—overview Environmental information regulation—overview Courts covered Supreme Court ( SC) Court of Appeal ( CA) Upper Tribunal ( UT) Alongside concise case particulars, where feasible the tracker includes links to news analysis and commentary published in the Freedom of Information Journal, available to Lexis®Library subscribers... Archived decisions [ Archived] Access to environmental information case tracker [ Archived] Supreme Court ( SC) Citation: Department for Business and Trade v Information Commissioner [2025] UKSC 27 Summary: Supreme Court confirms cumulative public interest test under FIA 2000 Abstract: The Supreme Court determined that, under FIA 2000, s 2(2)(b), public...
Energy Savings Opportunity Scheme ( ESOS)—issues in corporate (private M& A) transactions The Energy Savings Opportunity Scheme ( ESOS) ESOS is an energy review and savings programme. It is compulsory for organisations that satisfy the qualification thresholds. It stems from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure enterprises that are not small and medium-sized enterprises ( SMEs) undergo an energy audit at least once every four years. For further detail, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. Articles 8(4)–(6) of the Energy Efficiency Directive have been given effect in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). The Energy Act 2023 provides powers to make the necessary ESOS changes post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023, SI 2023/1182 introduced...
Lenders' risk exposure In day-to-day secured lending businesses, lenders are increasingly alert to environmental risk. Every major UK bank must now, to a greater or lesser extent, incorporate a formal appraisal of environmental factors within secured lending credit risk assessment processes, though this typically relates more to commercial property than to residential property. Such scrutiny may appear within the solicitor/conveyancer’s report on title; however, lenders are more frequently implementing structured internal procedures, which can include instructing their panel Chartered Surveyors to evaluate environmental risk as part of the valuation process. The Law Society provides its members with guidance on ground contamination, flood risks and climate change, detailing steps to mitigate these issues and setting out best practice within its practice notes......
Appointing environmental consultants Letter requesting an environmental consultant’s proposal for a phase 1 audit Licence authorising environmental investigations Environmental consultant’s collateral warranty (with optional step-in rights) Environmental consultant’s appointment Reliance agreement Property transactions Sale contract with environmental provisions Restriction on title making environmental provisions bind successors in title Sale clauses where the seller keeps liability for contamination Sold with information clauses Sold with information, with indemnity Clauses for payments towards remediation Agreement on liabilities Asbestos indemnity Asbestos indemnity for when the seller is in breach Transfer of environmental permits Leases—landlord protection clause for contamination Leases—landlord responsible for existing contamination; tenant for new and aggravated contamination Leases—tenant protection clause for existing contamination Leases—tenant environmental covenants Leases—end of term environmental report Pie crust lease of a unit on an...
When is an indemnity needed? Where issues are revealed during the due diligence phase, such as contaminated land liabilities or specific environment, health and safety ( EHS) non-compliance, the purchaser may seek an environmental indemnity to be included in the asset purchase agreement ( APA) or secured in a stand-alone environmental deed. Refer to the following Precedents: Environmental indemnity for an asset purchase agreement Asbestos indemnity for when seller is in breach Checklist for environmental indemnity Once the principle of an environmental indemnity is accepted, lawyers and their clients should agree the scope before any drafting commences. Indemnities are tailored to the specific transaction. The list below highlights the key issues that ought to be considered. Indemnifying parties: The purchaser may want the seller’s parent company added as guarantor. Liability cap: Often set with advice from technical consultants. Note that clean-up liabilities could exceed the purchase price,...
Environment ( Wales) Act 2016 The Welsh Government brought forward the Environment ( Wales) Bill ( E( W) Bill) on 11 May 2015. The Environment ( Wales) Act 2016 ( E( W) A 2016) obtained Royal Assent on 21 March 2016. E( W) A 2016 includes a degree of tidying of environmental matters in Wales, revising statutory targets for cutting emissions and carbon budgets, as well as clarifying the law for other environmental regulatory systems, including flood risk management and land drainage. This Practice Note does not, however, address those provisions. This analysis concentrates chiefly on E( W) A 2016, Part 1, which sets out detailed provisions intended to safeguard and to secure the goods and services produced by ecosystems, and to underpin the sustainable management of natural resources in Wales. Consequently, and building further on the establishment of a single...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracking tool monitors and distils key recent and forthcoming legislation and consultations in England and Wales connected to the oversight of chemicals and hazardous substances. It covers the regimes for the Registration, Evaluation and Authorisation of Chemicals ( REACH), the Classification, Labelling and Packaging of chemicals ( CLP), Prior Informed Consent ( PIC), together with pesticides, biocides, persistent organic pollutants ( POPs), ozone depleting substances ( ODS), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules concerning chemicals regulation have been preserved in Great Britain, with amendments. In Northern Ireland, the EU frameworks continue to operate under the Northern Ireland Protocol (now called the Windsor Framework), except for the POPs regime, which is UK-wide. The following regimes apply: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No...
ARCHIVED: This Practice Note has been archived and is no longer maintained. This tracker tool collates and outlines significant recent and forthcoming legislation in England and Wales, alongside consultations connected to climate action and emissions reduction goals. Under the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is legally bound to cut greenhouse gas ( GHG) emissions by at least 100% from 1990 levels—achieving net zero—by 2050. There are also interim milestones: a 68% cut in GHG emissions from 1990 levels by 2030—set through the UK’s updated Nationally Determined Contribution ( NDC) under the Paris Agreement (this excludes emissions from international aviation and shipping) a 78% cut in GHG emissions from 1990 levels by 2035—established via the UK’s sixth carbon budget These targets have spurred swift changes across recent energy and...
What is the Renewable Heat Incentive ( RHI)? The RHI is a Great Britain government scheme offering payments to encourage the use of renewable heating in a market largely reliant on fossil fuels. The idea was that by providing financial support, hurdles such as high upfront costs and running expenses could be eased, boosting adoption. The scheme was split into two phases: Phase 1 launched in November 2011 for non-domestic systems across industrial, commercial and public sectors. It stopped accepting new applications on 31 March 2021. For more detail, see Practice Note: Non- Domestic Renewable Heat Incentive ( NDRHI)—scheme closure and key continuing features. Phase 2 covers the domestic RHI (following the Renewable Heat Premium Payment ( RHHP)) and began in April 2014. The domestic RHI closed to new applicants at midnight on 31 March 2022 and has been succeeded by the Boiler...
Glasgow Summit ( COP26/ CMP16) Location: Glasgow, United Kingdom Date: 31 October–12 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC) is a global treaty adopted at the 1992 ‘ Earth Summit’ in Rio de Janeiro. Its purpose is to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-driven climate change. There are 197 signatories—known as Parties—to the Convention. At the outset, the UNFCCC aimed to set national reference levels for GHG emissions, using 1990 as the base year. The Conference of the Parties ( COP) serves as the Convention’s decision-making body, convening annually, unless Parties agree otherwise, to evaluate progress on climate action. For additional detail, see Practice Note: United Nations Framework Convention on Climate Change...
Development of the rules CIMAR denotes the Construction Industry Model Arbitration Rules, issued by the Society of Construction Arbitrators ( SCA) together with the Joint Contracts Tribunal ( JCT). Prompted by the Bill that became the Arbitration Act 1996 ( AA 1996), the SCA set in motion the creation of model arbitration rules intended for uptake across construction bodies. Committees were convened under Lord Justice Auld’s chairmanship—a plenary group, a steering group and a drafting sub-committee—which adopted the title CIMAR. The SCA released the first edition in 1998. In 2005 the JCT produced its own iteration, followed by updates in November 2011, June 2016 and April 2024 to align with its 2011, 2016 and 2024 contract suites; however, the text itself was unchanged from the 2005 version. Broadly, the Rules mirror AA 1996. Provisions of immediate relevance from AA 1996 appear after the...
The Law Society released its practice note on flood risk on 23 May 2013, responding to the growing exposure of properties to flooding and the knock‑on consequences for obtaining a mortgage, arranging insurance cover and selling a property. Subsequent updates were made on the following dates: on 18 December 2014 to consider proposed changes to the Flood Re insurance scheme and to refer to new flood maps published by the Environment Agency ( EA), with detail in News Analysis: Updated Law Society practice note on flood risk; on 10 February 2016 ahead of Flood Re’s launch in April 2016, and also to account for insurance changes to the CML Handbook; on 31 January 2020 reflecting increasing concern about flood risk for property owners as a consequence of climate change. As solicitors are not qualified to advise on flood risk or to...
This Practice Note examines the legal and regulatory regime applicable to district heating networks in England and Wales. The topics covered are: a high-level introduction to what district heating networks are the statutory foundations supporting the DHN regulatory framework the DHN regulatory scheme established by Part 8 of the Energy Act 2023 ( En A 2023), together with secondary legislation and the Office of Gas and Electricity Markets’ ( Ofgem’s) DHN authorisation conditions how heat network zones are defined and used within DHN regulation the principal UK government subsidy programmes that facilitate DHN deployment This Practice Note does not examine regulation of the centralised generation system providing hot water to a DHN scheme, which depends on the generation technology (for example, the electricity licensing regime where the source is a combined heat and power plant) (see Practice Note: Great Britain...
Introduction What is groundwater? In brief, groundwater is water stored beneath the surface. Rainfall gathers and then infiltrates the soil, percolating through soils and rocks into aquifers—layers of porous rock or sediment. The British Geological Survey notes that groundwater supplies around one third of the public water in England and makes an important contribution in Wales and Scotland. What is groundwater activity Government guidance explains that a groundwater activity includes: discharging a pollutant that causes, or could cause, a direct or indirect input to groundwater any other discharge that may lead to a direct or indirect pollutant input to groundwater an activity subject to a Schedule 22 notice that has taken effect an activity, carried out as part of another class of regulated facility, that may cause such a discharge The guidance further states it is an offence to cause or knowingly permit a...
What are ground source heat pumps? Ground source heat pumps ( GSHPs) are central heating and/or cooling systems that transfer heat between the building and the ground. They draw on stored solar and ground energy, raising it to a more useful temperature for the heating system. In summer, they can remove heat from the building and release it into the ground to provide cooling. This practice is common in China, Japan, the USA and parts of Europe. For further details on global GSHP patterns, refer to the Renewables Global Status Report. How ground source heat pumps work Soil temperature varies by location, but in the UK it stays stable at around 11–12°C once you go below roughly 5 metres. At this depth the ground forms a large thermal store, absorbing the sun’s heat in summer and giving it back in winter. GSHPs capture this...
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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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