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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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Waste—regulatory framework The Waste ( England and Wales) Regulations 2011, SI 2011/988, brought the obligations of the Waste Framework Directive 2008/98/ EC ( WFD) into domestic law in England and Wales. Earlier Directives were implemented through a range of Acts and Regulations, including, among others: Environmental Protection Act 1990, in particular s 34, which addresses the ‘duty of care’ imposed on those responsible for waste Control of Pollution ( Amendment) Act 1989 and the Controlled Waste ( Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, covering registration arrangements for waste carriers Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154, addressing the permitting of waste disposal and recovery operations and related activities Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894; Hazardous Waste ( Wales) Regulations 2005, SI 2005/1806 ( W.138); and Hazardous Waste ( England and Wales) ( Amendment)...
UK legislative framework The statutory framework for end-of-life vehicles in England and Wales is set out in: End-of- Life Vehicles Regulations 2003, SI 2003/2635 ( ELVR 2003) End-of- Life Vehicles ( Producer Responsibility) Regulations 2005, SI 2005/263 ( ELVPRR 2005), and Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016) The UK regime seeks to cut the volume of vehicle-derived waste and to boost the re-use, recycling and recovery of ELVs by: restricting hazardous substances in new vehicles promoting vehicle design and manufacture that enable re-use and recycling supporting the incorporation and integration of recycled materials securing collection, treatment, re-use and recovery of ELVs via producer responsibility and the use of authorised treatment facilities ( ATF) setting re-use, recycling and recovery targets for ELVs and their parts Defra has issued guidance on the...
Relevant legislation In England and Wales, end-of-life vehicles are governed by: End-of- Life Vehicles Regulations 2003 ( ELVR 2003), SI 2003/2635 End-of- Life Vehicles ( Producer Responsibility) Regulations 2005 ( ELVPRR 2005), SI 2005/263 Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 These regulations aim to cut vehicle-derived waste and enhance the re-use, recycling and recovery of ELVs by: restricting hazardous substances in new vehicles promoting vehicle design and manufacture that enables straightforward re-use and recycling encouraging the development and integration of recycled materials ensuring ELVs are collected, treated, re-used and recovered through producer responsibility and authorised treatment facilities ( ATF) setting targets for re-use, recycling and recovery of ELVs and their components The Hazardous Waste ( England and Wales) Regulations 2005 ( HWR 2005), SI 2005/894 and the Waste ( England and Wales)...
This Practice Note examines how civil liability may arise where an individual—most often, though not solely, an employee—develops dermatitis following exposure to substances hazardous to health, and outlines circumstances in which liability is engaged. It further explores whether asymptomatic sensitisation brought about by workplace exposure can amount to actionable harm. Prior to 1 October 2013, claims concerning dermatitis linked to hazardous substances were regulated by the statutory regime contained in the Control of Substances Hazardous to Health Regulations 2002 ( COSHH Regs 2002), SI 2002/2677, as amended. For injuries sustained on or after 1 October 2013, section 69(3) of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) altered section 47 of the Health and Safety at Work etc Act 1974. As a consequence, breach of the COSHH Regulations 2002 no longer gives rise to civil liability. For further guidance on...
The Kyoto Protocol, the Paris Agreement and carbon markets The Kyoto Protocol required developed economies listed in Annex I to the United Nations Framework Convention on Climate Change ( UNFCCC) ( Annex I parties) to deliver quantified reductions in greenhouse gas ( GHG) emissions, with the aim of stabilising concentrations at levels that avoid dangerous human-driven disruption of the climate system. For more information on the UNFCCC, see Practice Note: United Nations Framework Convention on Climate Change 1992—snapshot. The Kyoto Protocol committed Annex I parties to: specific, legally binding emissions reduction allocations, called ‘assigned amounts’, expressed in tonnes of CO2 equivalent (t CO2e) a timetable for meeting those reductions The core objective was for Annex I parties to cut overall GHG emissions by at least 5% below 1990 levels during the first commitment period (2008–2012), and by at least 18% below 1990 levels in the second...
This guide helps organisations put their decarbonisation strategy and transition plan into boardroom practice, make climate a routine factor in board choices and corporate governance, and prevent poor actions and......
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier regimes must continue to be run and administered in line with those rules: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and therefore form part of assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. ARCHIVED: This Practice Note has been archived and is not...
Background The number of electric vehicles is expected to rise sharply over the coming years, particularly as the UK plans to prohibit the sale of new petrol and diesel cars by 2035 (see: Government sets out path to zero emission vehicles by 2035). Major investment in the UK’s electric vehicle charging points (‘ EVCP’) network will be needed to support the government’s push towards electric vehicles. It is therefore crucial for developers, charge point operators (‘ CPOs’) and landlords to collaborate and capture the opportunities available in this relatively new market. In the real estate context, situations where EVCP issues may arise include: an existing tenant seeking to install EVCPs within their demise or allocated parking bays, requiring a licence to alter from the landlord (and in some instances, a licence to alter outside the demise where cabling must be installed, see...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
Legislation Since 16 May 2017, environmental impact assessment ( EIA) for town and country planning matters has been regulated by the following instruments: The Town and Country Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England; and The Town and Country Planning ( Environmental Impact Assessment) ( Wales) Regulations 2017, SI 2017/567 (the Welsh EIA Regulations) in Wales, together referred to as the ‘ EIA Regulations’. These EIA Regulations give effect in English and Welsh law to the amendments introduced by Archived Directive 2014/52/ EU to Archived Directive 2011/92/ EU relating to the assessment of the effects of certain public and private projects on the environment (as they applied immediately before IP completion day (11 pm on 31 December 2020)), insofar as they govern town and country planning matters. For guidance on how Brexit has affected the EIA regime, see...
Introduction When a proposed development calls for an environmental impact assessment ( EIA), that process typically examines how the project may influence protected habitats and species. Alongside this, the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations) create a distinct statutory regime focused on preventing adverse effects on those habitats and species. This Practice Note looks at how the EIA system and the habitats regime intersect and sets out the differences between their respective provisions. See also Practice Notes: Environmental impact assessments—key points Environmental impact assessment—screening and scoping Preparing an environmental statement Procedural requirements for environmental statements and decisions on EIA applications Appropriate assessment/habitats regulations assessment Derogations under the Habitats Regulations Key legislative framework EIA For town and country planning matters, EIA is regulated by: the Town and Country Planning (...
Acting for a seller The Precedent: EHS warranties—asset purchase agreement—seller’s version sets out a pared-back suite of environment, health and safety ( EHS) warranties intended for use when representing a seller. The definitions are broad, and there are no warranties provided relating to contaminated land at all whatsoever......
EHS questionnaire The buyer’s solicitors typically compile a legal due diligence questionnaire ( DDQ) at the preliminary stage or during due diligence. In some deals, responses are uploaded to the seller’s data room. The legal DDQ should invariably cover environment, health and safety ( EHS) matters. Even office-based operations must comply with general EHS laws, including the waste management duty of care, energy management and health and safety obligations. These enquiries can be adapted for the specific transaction or business type and included within the legal DDQ or raised as further enquiries. For more information, see: Environment, Health and Safety ( EHS) due diligence questionnaire ( DDQ)—share purchase Environmental due diligence—share purchase If the transaction involves a manufacturing business, or if additional health and safety information is required, the following can be used as a checklist on health and safety issues: ...
This Practice Note provides guidance on the obligations imposed on manufacturers, importers and authorised representatives by ecodesign legislation as well as providing details on the statutory right to repair The Ecodesign for Energy- Related Products Regulations 2010, SI 2010/2617 (as amended) (the ‘2010 Regulations’) prescribe the duties of the relevant parties concerning ecodesign across Great Britain. The Ecodesign for Energy- Related Products and Energy Information Regulations 2021, SI 2021/745 set requirements for particular ERPs and ERP categories, operating as an implementing measure for the purposes of the 2010 Regulations. The 2021 Regulations include: definitions identifying which ERPs are within scope, energy performance, resource efficiency and other product-specific ecodesign criteria for regulated ERPs, the information and technical documentation that responsible persons must provide for those ERPs, measurement methodologies and calculations used to determine the relevant data for regulated...
Scope of Note This Practice Note centres on offences, sanctions and enforcement relating to the regulation of ecodesign and energy information in Great Britain, as provided in the Ecodesign for Energy- Related Products Regulations 2010, SI 2010/2617 ( EEPR 2010), the Ecodesign for Energy- Related Products and Energy Information ( Amendment) Regulations 2021, SI 2021/745 ( EEPEIR 2021), and the Energy Information Regulations 2011, SI 2011/1524 ( EIR 2011). It also sets out the enforcement position in Northern Ireland. For more on how the Northern Ireland Protocol ( Windsor Framework) applies to environmental law, see Practice Note: What does the Northern Ireland Protocol ( Windsor Framework) mean for the application of environmental law? This Practice Note forms part of a suite addressing the legal regime for product ecodesign, including: GB Ecodesign of...
ARCHIVED: This Practice Note has been archived and is not maintained. What is the ECO? The ECO is an energy efficiency obligation requiring major energy suppliers to deliver improvements in existing domestic properties. It provides support and funding of around £640m each year (at 2017 prices). Working alongside the domestic green deal, it concentrates on installing energy efficiency measures in low income households and areas, as well as homes that are harder to treat. The ECO superseded earlier domestic schemes aimed at cutting carbon and achieving energy savings—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. Relieving fuel poverty and contributing to fuel poverty targets Lowering carbon emissions Reducing the cost of meeting the UK’s renewable energy target by promoting energy efficiency Encouraging innovation within the industry The legislative basis for the ECO comes from Chapter 4 of the Energy Act 2011,...
ARCHIVED: This Practice Note has been archived and is not maintained. The Regulatory Enforcement and Sanctions Act 2008 gives regulators powers to address offences through civil law sanctions, including environmental enforcement undertakings, rather than starting a criminal prosecution. The Environment Agency ( EA) and Natural Resources Wales ( NRW) may impose enforcement undertakings for various relevant environmental offences under the Water Resources Act 1991 ( WRA 1991) and the Salmon and Freshwater Fisheries Act 1975 ( SFFA 1975). An enforcement undertaking is a written commitment to take actions within a set time period: to ensure the offence does not persist or happen again to return matters, as far as reasonably possible, to the position that would have existed had the offences not occurred to confer a benefit on a third party (including, where suitable, a monetary payment), or to secure an equivalent benefit or...
ARCHIVED: This Practice Note has been archived and is not maintained. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) permits regulators to address offences through civil sanctions, including environmental enforcement undertakings, rather than commencing a criminal prosecution. The Environment Agency ( EA) and Natural Resources Wales ( NRW) are empowered to impose enforcement undertakings for a range of offences under the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. An enforcement undertaking is a written commitment to take actions within a defined period: to prevent the offence from continuing or recurring to restore, so far as possible, the position to what it would have been had the offences not occurred to provide a benefit to a third party (which may, where appropriate, include a monetary payment), or to secure an equivalent benefit or improvement to the environment where the harm cannot be...
This guide helps organisations compile key climate data on existing and potential contracting counterparties, and evaluate how other organisations approach decarbonisation, as well as determine whether they possess a......
Environmental, social, governance ( ESG) policy An ESG policy is the centrepiece of an organisation’s ESG strategy. It serves as a succinct statement of intent from an ESG perspective, setting out at a high level the focus areas and the commitments to be pursued. Some pledges will relate to processes, for example ensuring ESG factors are built into business decision-making and, for financial institutions, into investment decision-making or a Responsible Investment Policy. Others may concern defined ESG topics, such as adopting Net Zero, Zero Waste or Zero Harm targets. It can also reference the organisations, frameworks and/or regulations that have informed the approach or to which it is committing. For more on ESG, see the following Practice Notes: ESG—new starter guide Sustainable business and environmental, social, governance ( ESG)—introduction for companies and advisers ESG and...
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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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