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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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ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool compiles and summarises major new and forthcoming legislation and consultations in England and Wales on circular economy developments covering product design, ecodesign and ecolabelling. It is organised into the following sections: Legislation — highlighting key forthcoming legislation of interest to environment lawyers in England and Wales that is due to come into force from 1 January 2025. Consultations — presenting the current status and latest developments for consultations opened from 1 January 2024, or launched earlier but still open as at 1 January 2025, conducted by government departments, regulators and other bodies on environmental law in England and Wales, together with consultations by government departments, regulators and other bodies on environmental law in England and Wales which closed from 1 January 2025. To follow EU developments in this area, see: EU...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker collates and outlines major new and forthcoming laws and consultations in England and Wales connected to the oversight of chemicals and hazardous substances, including the frameworks for the Registration, Evaluation and Authorisation of Chemicals ( REACH), the Classification, Labelling and Packaging of chemicals ( CLP), Prior Informed Consent ( PIC), pesticides, biocides, persistent organic pollutants ( POPs), ozone depleting substances ( ODS), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules on chemicals governance have been kept in Great Britain, with modifications. In Northern Ireland, the EU systems continue to operate through the Northern Ireland Protocol (now the Windsor Framework), except for the POPs regime, which applies UK-wide. The regimes in force are: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker compiles and condenses significant recent and forthcoming laws and consultations in England and Wales concerning nature and biodiversity. Retained EU law ( REUL) denotes EU-sourced rights and instruments that UK legislation preserved after the Brexit transition/implementation period ended at 11 pm on 31 December 2020 ( IP completion day). ‘ Assimilated law’ is the label for REUL that continued in force beyond the end of 2023. Re-badging REUL (and related expressions) as assimilated law signals a shift in its domestic status and handling, meaning it is now generally read through ordinary UK legal rules and principles. From 1 January 2024, REUL is treated as assimilated within domestic law because most EU-derived interpretive effects have been removed, including: supremacy of EU law directly effective rights general...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool monitors and condenses key new and forthcoming legislation and consultations in England and Wales connected to environmental taxes, reliefs and incentives. HM Treasury defines an environmental tax as one that meets these three principles: the tax is expressly tied to the government’s environmental objectives the principal aim is to promote behaviour change that benefits the environment the tax is designed around environmental goals—for example, the more polluting the activity, the higher the amount levied The following environmental taxes apply in England and Wales: landfill tax: a charge payable on waste disposed of at licensed landfill sites and on certain specified landfill activities climate change levy ( CCL): a mandatory tax on UK business energy use, applied at the point of supply as taxable supplies. Under the climate change agreement ( CCA) scheme, eligible facilities can receive a...
ARCHIVED: This Practice Note is archived and no longer maintained. The tracker collates and outlines key new and forthcoming legislation and consultations in England and Wales linked to sustainability. The notions of ‘sustainability’ and ‘sustainable business’ have developed in recent years; activity now typically centres on three pillars: environmental, social and governance ( ESG). The tracker is mainly focussed on the environmental strand, covering responsible business, reporting and sustainable development, though some initiatives may reach across wider ESG factors and broader responsible business practices. UK plans and proposals to improve and incentivise sustainable business practices arise from various 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...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool monitors and summarises key new and forthcoming legislation and consultations in England and Wales relating to contamination, pollution and environmental permitting. The following regimes operate in England and Wales for contamination, pollution and permitting: the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): this addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property) or to living organisms, as well as interference with ecological systems or impacts on 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 damage to: ...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker tool captures and summarises significant new and forthcoming legislation and consultations in England and Wales on circular economy developments concerning product design, ecodesign and ecolabelling. The tracker is arranged as follows: Legislation—showing key forthcoming legislation of interest to Environment lawyers in England and Wales that comes into force from 1 January 2024. Consultations—presenting the current status and latest updates on consultations open from 1 January 2024, or launched earlier but still open as at 1 January 2024, conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales, as well as consultations by these bodies which closed from 1 January 2024. To track EU developments in this area, see: EU environment tracker 2024—circular economy and......
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker brings together and summarises key new and upcoming legislation in England and Wales, alongside consultations related to climate action and emissions reduction objectives. Pursuant to 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 under a statutory duty to reduce greenhouse gas ( GHG) emissions by at least 100% from 1990 levels—reaching net zero—by 2050. Further, the UK has the following interim targets: a 68% reduction in GHG emissions on 1990 levels by 2030—set via its updated Nationally Determined Contribution ( NDC) under the Paris Agreement (although the target does not include emissions from international aviation and shipping) a 78% reduction in GHG emissions on 1990 levels by 2035—set via the UK’s sixth carbon...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker collates and summarises significant new and forthcoming legislation and consultations in England and Wales related to the regulation of chemicals and hazardous substances. It includes the regimes for: Registration, Evaluation and Authorisation of Chemicals ( REACH) Classification, Labelling and Packaging of chemicals ( CLP) Prior Informed Consent ( PIC) Pesticides Biocides Persistent organic pollutants ( POPs) Ozone depleting substances ( ODS) Fluorinated greenhouse gases ( F-gases) Retained EU law ( REUL) refers to EU-derived rights and legislation preserved in UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 ( IP completion day). From the end of 2023, REUL that continues in effect is described as assimilated law....
This guide supports organisations to incentivise suppliers to honour contractual climate duties and advance the organisation’s climate goals. For detailed guidance on......
Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) introduced six civil sanctions, offering regulators an alternative to criminal proceedings for addressing offences. In 2010, these powers were conferred on the Environment Agency ( EA) and Natural England ( NE) for specified environmental offences. The Environmental Civil Sanctions ( England) Order 2010 ( SI 2010/1157) applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010 ( SI 2010/1821) applies in Wales. Schedule 5 in each instrument details which sanctions are available for each offence. The EA started using these powers on 4 January 2011; NE followed on 3 January 2012. From 1 April 2013, Natural Resources Wales ( NRW) has been responsible for enforcing environmental civil sanctions in Wales. In 2015, the scope of civil sanctions was expanded when the EA was...
ESOS is an energy assessment and energy savings scheme. It is compulsory for organisations that satisfy the qualification thresholds, namely large undertakings and their corporate groups. The scheme stems from the 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 every four years. For further details, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The obligations in art 8(4)–(6) were given effect in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). The ESOS Regulations were made on 24 June 2014 and took effect on 17 July 2014. The Energy Act 2023 has provided powers to introduce necessary amendments to ESOS post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment)...
An energy performance certificate ( EPC) An EPC assigns a property an energy efficiency band from A (most efficient) to G (least efficient). The rating arises from a complex calculation that examines multiple elements, including the building’s age, type and method of construction, together with its insulation and heating systems. For further details on what an EPC is and when it is required, see Practice Note: Energy performance certificates ( EPCs)—what are they and when are they required? The principal rules governing EPCs are the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regs 2012) (as amended), and the Building Regulations 2010, SI 2010/2214, which implemented the requirements of the recast Energy Performance of Buildings Directive 2010/31/ EU (recast EPBD directive). The EPC Regs 2012 apply to all buildings in England and Wales. Before the 2012...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) repeal and supersede the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), refreshing Scotland’s energy performance regime for all buildings. Regulations 11 and 12 of the EPC Regs 2025 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the remainder commencing on 31 October 2026. Under the EPC Regs 2025, owners of non-domestic properties must supply valid Energy Performance Certificates ( EPCs) and Property Reports on sale or lease, and include EPC ratings in advertisements. Developers are required to provide EPCs and reports to owners within seven days of completion, and EPCs must be exhibited in qualifying public buildings. A new national energy performance register, revised assessment methods and local authority...
Mandatory energy labelling in the UK In Great Britain ( GB) and Northern Ireland ( NI), compulsory energy labelling is overseen by: Energy Information Regulations 2011 ( EIR 2011), Energy Information ( Amendment) Regulations 2018 (as applicable in GB), and Assimilated Regulation ( EU) 2017/1369 (2017 Regulation) The framework operates differently in GB compared with NI. The regime is applied in distinct ways in each jurisdiction. For guidance on energy labelling within the GB ecodesign context, see these Practice Notes as follows: GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—offences, sanctions and enforcement GB Ecodesign of products—product-specific requirements GB Ecodesign of products—responsibilities of suppliers and dealers Scope of the Regulations EIR 2011 apply to energy-related products that: affect energy consumption during use, and are first placed on the market or put into service EIR 2011 do not cover second-hand products, unless brought into GB from a third country, nor any means of...
Energy from waste Energy from waste describes usable power created by treating or processing waste materials through a range of technologies. Recyclables should be extracted first, with energy then recovered from the remaining refuse before treatment. Incineration — in which the remaining waste is combusted and the captured energy used as electricity or heat. Pyrolysis and gasification — heat the feed with minimal or no oxygen to yield a gas either for power generation, or subsequently as a feedstock to make methane, chemicals, biofuels or hydrogen. Anaerobic digestion — microorganisms break down waste into methane-rich biogas that can be burned to produce electricity and heat, or upgraded to bio-methane. Best for wet organic or food wastes. A further output is biofertiliser. Landfill gas — by capturing the landfill gas produced at landfill sites as waste...
All waste sites, including energy-from-waste ( Ef W) and waste-to-energy ( Wt E) incinerators, are overseen to prevent or reduce risks to health or the environment. A comprehensive framework of regulations sets out how and where Ef W plants may operate in the UK. Who is responsible for regulating Ef W? Local authorities manage most small incinerators processing under one tonne of waste per hour. In England, the Environment Agency ( EA) regulates all plants burning hazardous waste, and other incinerators treating non-hazardous waste at rates above one tonne per hour. The EA also regulates Ef W facilities combusting municipal waste to keep emissions as low as possible, protecting the environment and human health. In Scotland and Wales, these roles are performed by the Scottish Environment Protection Agency ( SEPA) and Natural Resources Wales ( NRW), which are outside the scope of this Practice Note. For...
Brexit impact From 31 January 2020 (exit day), the UK left the EU as a Member State but moved into an implementation phase, during which the EU continued to treat the UK as if it were still a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period, established after the UK’s departure from the EU, came to a close. At this moment—known in UK legislation as ‘ IP completion day’—core transitional measures ended and changes started to apply across the UK’s legal framework. From that date, changes began to take effect across the UK’s legal regime. Any alterations pertinent to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK law—retained EU law (...
Energy Company Obligation ( ECO) replaces Carbon Emissions Reduction Target ( CERT) and Community Energy Saving Programme ( CESP) The Energy Company Obligation ( ECO) began in January 2013, replacing the Carbon Emissions Reduction Target ( CERT) which ran from 1 April 2008 to 31 December 2012, and the Community Energy Saving Programme ( CESP) which operated from 1 October 2009 to 31 December 2012. CERT, which superseded the Energy Efficiency Commitment, required selected gas and electricity suppliers to meet targets for cutting carbon emissions in domestic properties. CESP sought to lower carbon emissions by obliging gas and electricity suppliers and electricity generators to deliver energy‑saving measures to domestic consumers in designated low income areas of Britain. What is the ECO? ECO works alongside the domestic Green Deal to provide support and funding for energy efficiency improvements in existing properties. It focuses on installing energy...
What is the ECO? The Energy Company Obligation ( ECO) is an energy efficiency initiative that obliges major energy suppliers to install efficiency measures across existing domestic premises. It provides support and funding totalling around £1bn each year (at 2022 prices). The scheme concentrates on facilitating the installation of energy-saving measures in low income households and neighbourhoods, as well as in properties that are more difficult to upgrade. ECO succeeded earlier domestic schemes aimed at cutting carbon and improving energy efficiency—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. The ECO pursues four policy aims: to extend delivery of energy efficiency measures to a wider range of households facing rising energy bills the reduction of fuel poverty and progress towards fuel poverty targets to help meet carbon reduction targets within the domestic sector to lower the cost of achieving the UK’s net zero target by...
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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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