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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 the Environment Agency? The Environment Agency ( EA) is an executive non-departmental public body, created in 1996 and sponsored by the UK government’s Department for Environment, Food and Rural Affairs ( Defra). It is tasked with protecting and enhancing the environment in England, and held comparable responsibilities in Wales prior to 2013. Alongside the EA, other regulators, such as local authorities, also have powers to enforce environmental legislation. Summary of objectives The EA presents itself as the leading public body for protecting and improving England’s environment, aiming to create better places for people and wildlife while enabling sustainable development. Its corporate report identifies three long-term goals: a nation resilient to climate change healthy air, land and water green growth and a sustainable future These priorities align with central government’s 25 Year Environment Plan 2018, as updated by later Environmental Improvement Plans, and the Environment Act 2021. The EA’s remit...
ARCHIVED: This Practice Note is archived and is not maintained. Context Following the 23 June 2016 referendum on the UK’s EU membership, where 52% supported leaving, the government enacted the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). EU( W) A 2018 introduced a range of legislative measures tied to the UK’s withdrawal to ensure the statute book functioned on the day the UK left the EU. In broad terms, the same legal rules applied after exit day (11 pm on 31 January 2020) as beforehand, up to the completion of the implementation period. For more on this, see Practice Note: Brexit legislation tracker— Brexit SIs—commencement. From exit, the UK’s relationship with the EU has been governed by the Withdrawal Agreement, an international treaty negotiated between the UK and the EU during the withdrawal period, which sought to: resolve the...
Nationally significant waste water infrastructure The NPS outlines government policy on the provision of nationally significant waste water infrastructure in England. It steers decision making on development consent applications for waste water projects that meet the definition of a nationally significant infrastructure project ( NSIP) in the Planning Act 2008 ( PA 2008). See Practice Notes: National Policy Statements, Application procedure for nationally significant infrastructure projects, and Permission for nationally significant infrastructure projects for further background. Waste water—commonly referred to as sewage—is typically a combination of domestic waste water from baths, sinks, washing machines and toilets, together with waste water from industry. Waste water NSIPs, to which the NPS applies, are defined in PA 2008, s 29 as: the construction of waste water treatment plants in England that are expected, once constructed, to have a capacity exceeding a population equivalent of 500,000 the...
The Waste Management Plan for England ( WMPE), January 2021 The Waste Management Plan for England ( WMPE) from January 2021 sets out a high-level picture of how waste is managed in England. It is issued in line with the Waste ( England and Wales) Regulations 2011, SI 2011/988 (as variously amended), fulfilling Parts 3 & 4, which require national waste management plans to exist and be reviewed every six years. Taken with its supporting documents and local authorities’ waste local plans, the WMPE sits alongside equivalent plans in Scotland, Wales and Northern Ireland, so that waste management plans are in place across the UK. Defra publishes the WMPE on behalf of the Secretary of State for the Environment, Food & Rural Affairs, who is the ‘appropriate authority’ under the Waste E& W Regs 2011, Reg 3. The Environment Agency ( EA) is...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool identifies and summarises significant new and forthcoming legislation and consultations in England and Wales relating to water and marine matters. Retained EU law ( REUL) denotes EU-derived rights and legislation preserved by UK law after the Brexit transition ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the term for REUL that continues in force beyond the end of 2023. The reclassification of REUL (and connected terms) as assimilated law marks a change in its status and treatment under UK law, so that it is generally interpreted by reference to ordinary domestic legal principles. From 1 January 2024, REUL is assimilated into domestic law because it is, in general, stripped of EU-derived interpretative effects (for example, the supremacy of EU law, directly effective rights, and...
Sustainable management of water resources Oversight of sustainable water resource management sits with government, the Environment Agency ( EA), Natural Resources Wales ( NRW) and water companies, working together to steward supplies. Many industries depend on abstracting water to make their products, and the twin pressures of droughts and floods can sharply limit what is available. The abstraction and impoundment licensing regime therefore manages resources by securing sufficient supply whilst protecting the environment. Its importance grows in water‑stressed regions (for example where demographic pressures in South East England are acute), and is tied to time‑limited licences, with periodic review, enabling the regulator to react more effectively to climate change impacts. This Practice Note summarises the core legislative and policy framework governing water abstraction and impounding in England and Wales. It also reviews proposals to reform the regime by incorporating it within the...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and distils key new and forthcoming legislation and consultations in England and Wales relating to waste, including circular economy initiatives on end of life/waste and plastics, together with the waste producer responsibility regime. It is organised into the following parts: Legislation — highlighting significant upcoming laws of interest to Environment lawyers in England and Wales that take effect from 1 January 2024 Consultations — setting out the current status and latest developments for consultations open from 1 January 2024, or launched earlier but still open on 1 January 2024, run by government departments, regulators and other bodies concerning environmental law in England and Wales, as well as consultations by those bodies which closed from 1 January 2024 To follow EU developments in this area, see: EU...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and distils key new and forthcoming waste-related legislation and consultations in England and Wales, including circular economy measures on end-of-life/waste and plastics, as well as the waste producer responsibility framework. Legislation — highlighting significant forthcoming legislation of interest to environmental lawyers in England and Wales taking effect from 1 January 2023 Open consultations — outlining the current status and latest developments of consultations open from 1 January 2023, or started earlier but still open on that date, run by government departments, regulators and other bodies concerning environmental law in England and Wales Closed consultations — listing consultations by government departments, regulators and other bodies on environmental law in England and Wales that closed from 1 January 2023 For EU developments in this sphere, see: EU...
STOP PRESS: Entries will appear here as soon as suitable material becomes available and relevant. The tool collates and distils significant new laws and key consultations across England and Wales connected to sustainability. The ideas of ‘sustainability’ and ‘sustainable business’ have developed markedly in scope in recent years. Today, in practice, initiatives tend to focus on three pillars—environment, social and governance (collectively, ESG). Our emphasis here is the environmental strand, covering responsible business, reporting and sustainable development, where relevant. Do note, however, that certain measures may span wider ESG elements and broader responsible business practices beyond the environment. UK proposals to enhance and encourage sustainable business are shaped by a range of international accords and programmes, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For further detail on these...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and outlines notable new and forthcoming legislation and consultations in England and Wales connected to sustainability. The concepts of ‘sustainability’ and ‘sustainable business’ have evolved in recent years. Initiatives are now typically grouped into three pillars: environmental, social and governance (together, ESG). The tracker chiefly focuses on the environmental strand, including responsible business, reporting and sustainable development. Please note, some measures may reach across wider ESG considerations and broader responsible business practices. The UK’s plans and proposals to improve and incentivise sustainable business draw on a range of international agreements and initiatives, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For more on these broader international initiatives, see: ESG and...
STOP PRESS: This tracker will be filled once relevant material becomes available. From 1 January 2026, this Environment cases tracker highlights notable rulings and appeal movements for environment lawyers. It is arranged into: Upper tribunal High Court of England and Wales Court of Appeal UK Supreme Court Judgments and appeal updates appear under the court that last issued a decision. Entries are listed newest first. For earlier key rulings and appeal movements, see: England and Wales environment cases tracker 2025 [ Archived] England and Wales environment cases tracker 2024 [ Archived] Environment cases tracker 2023 [ Archived] Environment cases tracker 2022 [ Archived] Environment cases tracker 2021 [ Archived] For anticipated decisions, consult Practice Note: Environment—horizon scanner. The EU environment cases tracker—2026 sets out significant judgments and opinions of the General Court of the EU and the Court of...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and summarises significant new and upcoming legislation and consultations in England and Wales relating to water and the marine area. The tracker is split into the following sections: Legislation—highlighting key forthcoming legislation of interest to environment lawyers in England and Wales due to commence from 1 January 2025 Consultations—outlining the current status and latest developments of consultations open from 1 January 2025, or launched earlier but still open as at 1 January 2025, undertaken by government departments, regulators and other bodies on environmental law in England and Wales, and consultations by those bodies in relation to environmental law in England and Wales which closed from 1 January 2025 For EU developments in this field, see: EU environment tracker 2025—water. Full list of England and Wales environment trackers England and Wales...
This tracker tool collates and outlines key new legislation and consultations in England and Wales on circular economy progress tied to product design, ecodesign and ecolabelling. It is organised into: Legislation—highlighting significant forthcoming laws relevant to Environment lawyers in England and Wales that take effect from 1 January 2026 Consultations—setting out the latest status and updates for consultations open from 1 January 2026, or launched earlier but still open as at 1 January 2026, run by government departments, regulators and other bodies on environmental law in England and Wales, plus consultations by those bodies on environmental law in England and Wales that closed from 1 January 2026 For anticipated developments, see Practice Note: Environment—horizon scanner. To follow EU activity in this field, see: EU Environment—key developments tracker and EU ESG and...
This tracker tool This tracker tool collates, monitors and distils new laws in England and Wales, alongside key consultations tied to climate action and emissions reduction goals and targets. 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—reaching net zero by 2050. The UK also has the following interim milestones: a 68% reduction in GHG emissions from 1990 levels by 2030—set through its updated Nationally Determined Contribution ( NDC) under the Paris Agreement (excluding emissions from international aviation and shipping) a 78% reduction in GHG emissions from 1990 levels by 2035—established via the UK’s sixth carbon budget In November 2024, at COP29, the UK government announced a fresh pledge to cut...
ARCHIVED: This Practice Note is archived and no longer updated. This tracker compiles and explains significant new and forthcoming legislation and consultations in England and Wales relating to nature and biodiversity. Retained EU law ( REUL) describes EU-derived rights and measures kept within UK law after the Brexit transition or implementation period ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the term given to REUL that continues in force beyond the end of 2023. Re-labelling REUL as assimilated law signals a change in its standing and treatment under UK law, so it is generally read by reference to ordinary domestic law and principles. From 1 January 2024, REUL is assimilated into domestic law because it is broadly stripped of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and general...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker tool outlines and condenses significant new and forthcoming laws and consultations across England and Wales relating to environmental taxes, reliefs and incentives. HM Treasury defines an environmental tax as one that satisfies these three principles: it is expressly linked to the government's environmental aims the primary purpose is to encourage environmentally positive behaviour change its structure reflects environmental objectives—for example, the more polluting the activity, the higher the tax imposed The following environmental taxes apply in England and Wales: landfill tax: payable on waste disposals at licensed landfill sites and on certain prescribed landfill activities climate change levy ( CCL): a mandatory charge on UK business energy use, applied at the time of supply as taxable supplies. The climate change agreement ( CCA) scheme allows eligible...
ARCHIVED: This Practice Note is archived and no longer maintained. The tracker highlights and summarises key new and forthcoming legislation and consultations in England and Wales connected to sustainability. The ideas of ‘sustainability’ and ‘sustainable business’ have developed over recent years. Activity is now commonly focused on three strands: environment, social and governance ( ESG). The tracker chiefly concentrates on the environmental limb—covering responsible business, reporting and sustainable development—though some initiatives extend to wider ESG aspects and broader responsible business practices. UK plans and proposals to improve and incentivise sustainable business stem from a range of international agreements and initiatives, including the Paris Agreement, the Task Force on Climate-related Financial Disclosures, the Task Force on Nature-related Financial Disclosures, and the United Nations Sustainable Development Goals. For more on these wider international initiatives, see: ESG and sustainability...
ARCHIVED This Practice Note has been archived and is no longer maintained. This tracker compiles and summarises key recent and forthcoming legislation and consultations in England and Wales connected to contamination, pollution and environmental permitting. In England and Wales, the following regimes relate to contamination, pollution and permitting: the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): this addresses contamination of land that is causing, or where there is a significant likelihood of causing, significant harm to human health (including property), living organisms, or interference with ecological systems, or to controlled waters the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810 and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR): these apply to environmental damage, defined as environmental damage to: a...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool collates and outlines key new and forthcoming legislation and consultations in England and Wales concerning environmental disputes, offences and enforcement. Claims rooted in environmental law may arise in nuisance, negligence, or via other forms of civil liability. Judicial review can be pursued to contest the legality of decisions taken, and the acts or omissions of public bodies (or bodies exercising a public function). In addition, the Office for Environmental Protection ( OEP) may commence environmental reviews where it has served a decision notice on a public authority and is satisfied, on the balance of probabilities, that the authority has failed to comply with environmental law, and considers that such non-compliance is serious. A broad spectrum of environmental offences exists, and the relevant regulators—the OEP, the Environment Agency, Natural...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracking tool outlines and condenses new and forthcoming legislation in England and Wales, alongside consultations connected to climate action and emissions reduction objectives. It covers England and Wales in scope and focus. Under the Climate Change Act 2008 ( CCA 2008), as modified by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 SI 2019/1056, the UK is legally required to reduce greenhouse gas ( GHG) emissions by at least 100% from 1990 levels, reaching net zero by 2050. The UK also has interim goals: a 68% cut in GHG emissions from 1990 levels by 2030—set through its updated Nationally Determined Contribution ( NDC) under the Paris Agreement (the target excludes emissions from international aviation and shipping) a 78% cut in GHG emissions from 1990 levels by 2035—set through the UK’s sixth carbon...
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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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