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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 guide helps organisations make sure emissions-cutting goals and the measures set out in transition plans are embedded within contracts and legal papers, and establish enforceable......
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers further detailed treatment of matters addressed in this Practice Note. This Practice Note examines the contractual architecture for district heating network projects in England and Wales. The topics addressed in this overview include the following: at an appropriately high level, what district heating networks are which core project agreements apply to such district heating network schemes the recurring points that commonly arise when drafting and negotiating those project contracts, and available guidance on both procuring and operating district heating network projects In Scotland, the Heat Networks ( Scotland) Act 2021, together with later secondary legislation, created a distinct...
What is a display energy certificate ( DEC)? DECs were brought in to increase public understanding of energy consumption and to inform visitors to public buildings about how much energy a building uses. A DEC sets out a building’s operational energy rating, graded from A to G, where A signifies very efficient and G indicates the least efficient. This rating is a numerical measure of the building’s actual yearly carbon dioxide emissions... The certificate is based on the metered energy consumed by the building over the previous 12 months that fall within the DEC’s validity. The operational rating is determined using a methodology approved by the Secretary of State and applied by an accredited energy assessor with a designated software tool. For further details on energy assessors, see Practice Note: Energy performance certificates ( EPCs)—energy assessor accreditation and energy...
Right to discharge A sewerage undertaker has no statutory authority under the Water Industry Act 1991 ( WIA 1991) to release water or other material from its drainage network onto another’s land or into the waters of others. As a result, any current discharge by a sewerage undertaker without the consent of the relevant land owner amounts to trespass. Historically, when sewerage functions were exercised by public bodies, those bodies benefited from an implied right to discharge under the Public Health Act 1875 and the Public Health Act 1936. Therefore, discharges made prior to 1 December 1991—the date when the pertinent provisions of the WIA 1991 took effect—remain lawful. For more information, see News Analysis: What facts define the cause of action in trespass? ( Manchester Ship Canal Company Ltd v United Utilities Water Ltd). The continuation of a...
The directors’ report plays a crucial role by giving shareholders insight into the company’s business that may not be evident from the financial information in the accounts. The framework for preparing the directors’ report is set out in Part 15 of the Companies Act 2006 ( CA 2006), which also specifies basic content requirements. More detailed rules on the content of directors’ reports are contained in regulations made under CA 2006, s 416(4). The exact obligations depend on the size of the company... Government withdraws draft corporate reporting regulations In October 2023, the UK government announced it would withdraw the draft Companies ( Strategic Report and Directors’ Report) ( Amendment) Regulations 2023 after consultation with companies raised concerns about imposing extra reporting requirements. Laid before Parliament in July 2023, the draft would have introduced several new corporate reporting obligations for very large UK...
Protected areas and protected sites Under section 55(1) of the Town and Country Planning Act 1990 ( TCPA 1990), development is taken to include carrying out building, engineering, mining or other works in, on, over or beneath land, as well as any material change to the use of buildings or other land. Anyone who has acquired, or is considering acquiring, land for development, or who plans to undertake development activity, must first assess whether the land is a protected site or supports protected species. It is the developer’s duty to establish whether proposed works could impact a protected area or site. They should check, in advance, whether their proposals are likely to affect any such areas or sites at all. Protected areas and protected sites include: national parks—areas designated for their natural beauty and for the opportunities they provide for open-air...
Introduction The Waste ( England and Wales) Regulations 2011, SI 2011/988 ( Waste E& W Regs 2011), represents a significant waste law, although not the only one. It brought many of the requirements of the Waste Framework Directive 2008/98/ EC, as amended ( WFD 2008), into domestic legislation within England and Wales......
Purpose of Practice Note This Practice Note explores the idea of biodiversity net gain ( BNG). Drawing on expertise from a specialist consultancy, it explains how the compulsory BNG regime is presently being applied on the ground. It does not describe the legislative framework for BNG; that is contained in Practice Note: Biodiversity net gain in England, which ought to be used alongside this Note. How does biodiversity net gain work in practice? This Practice Note aims to answer the following questions: How are biodiversity units ( BU) derived? What constitute good practice principles for BNG? What does the BNG process usually entail? What frequent obstacles arise when implementing BNG? How are biodiversity units calculated? Calculating baseline biodiversity units BNG adopts habitat type and condition as a stand-in for total biodiversity value, expressed as BU and computed via the Statutory Biodiversity Metric ( SBM). BU are divided, where relevant to a site, into...
What was the CRC Energy Efficiency Scheme ( CRC Scheme)? The CRC Scheme was a UK mandatory emissions trading scheme designed to cut carbon dioxide output and enhance energy efficiency among large, non‑energy‑intensive organisations in both the public and private sectors. Participants that met the qualifying criteria had to buy allowances covering every tonne of carbon dioxide they released. The scheme was structured in two phases, each comprising a series of annual compliance years. Before each phase began, there was a qualification year to help organisations determine whether they were required to participate in that phase. Introductory Phase ( Phase 1): ran from April 2010 to March 2014 and imposed requirements that differed from those in the following phase. Initial Phase ( Phase 2): the second and final phase ran from 1 April 2014 to 31 March 2019 and was, somewhat...
Commercial Property Standard Enquiries ( CPSE) The Commercial Property Standard Enquiries ( CPSE) are widely regarded as the industry benchmark set of pre-contract enquiries for commercial property transactions: CPSE.1: General pre-contract enquiries applicable to all commercial property transactions......
ARCHIVED: This Practice Note is retained solely for historical reference and should not be treated as current guidance herein. CPR provisions The rules dealing with general costs continue to sit within CPR 44. The Part has been reorganised and reordered to make it simpler and more intuitive to navigate through. The principal changes affecting Part 44 are as follows: Re-numbering—the CPR Committee has taken the opportunity to re-number the rules so they follow a single continuous sequence, removing any need for suffix letters to differentiate provisions such as CPR 44.3A New provisions—there are several wholly new rules, together with material moved in from other Parts: the court’s discretion as to costs is set out at CPR 44.2; Rules 44.3A and 44.3B are now obsolete, and CPR 44.3C has been transferred to CPR 46.7 the basis of assessment at CPR 44.3 now contains additional provisions on...
ARCHIVED: This Practice Note is kept for historical reference only. CPR provisions As a consequence of the Jackson Reforms, the courts are required to conduct both case management and costs management. Costs control is implemented through costs budgeting, which is intended to secure proactive and proportionate management of proceedings. The requirements for costs budgeting are contained in section II of CPR 3 and in CPR PD 3E. As this replaced the earlier rules on costs estimates, we have dealt with it in the same location and retitled the subject: Costs estimates and budgeting. Note: the provisions on costs budgeting originally set out in SI 2013/262 were altered very quickly by SI 2013/515 so that: the Heads of the Chancery and Queen's Bench Divisions may determine classes of cases within their divisions to which costs budgeting will not apply......
This Practice Note summarises key UK legislative, regulatory and voluntary best practice resources on corporate social responsibility ( CSR), environmental, social and governance ( ESG), human rights reporting and related company initiatives. It also highlights core EU regimes that require sustainability and ESG disclosures. ESG and sustainability collection We have curated an ESG and sustainability collection to assist practitioners advising organisations on ESG and sustainability, bringing together content from several Lexis+® UK Practice Areas (subscription required). For more details, see: ESG and sustainability collection. Board briefing notes We have additionally prepared briefing notes for the board of a quoted company and for the board of an unquoted company (including an AIM company), summarising the key environmental reporting duties applicable to the business: Board briefing note—environmental reporting—quoted companies Board briefing note—environmental reporting—unquoted companies Defining CSR and ESG Corporate social responsibility ( CSR)—also called corporate...
What is this guidance for? This guidance supports legal professionals in assessing environmental policies for regulatory conformity, risk control, and embedding sustainability. It sets out a structured method to test whether policies accord with legal obligations, sector benchmarks, and global environmental frameworks, highlighting gaps, confirming adherence to best practice, and mitigating legal exposure in environmental governance. The review centres on judging a policy’s legal adequacy, consistency with international agreements, and its capacity to tackle priority issues including emissions reduction, responsible resource use, and climate resilience. Its purpose is to help practitioners ensure policies satisfy compliance duties, deliver corporate sustainability promises, and meet stakeholder expectations. Designed for environmental lawyers, in‑house counsel, and compliance officers who draft, scrutinise, and advise on such documents, this tool offers a practical route through the intricate legal terrain of environmental regulation and sustainability obligations that often underpin an...
What are the key aspects of the Convention on Supplementary Compensation on Nuclear Damage ( CSC)? The instrument is titled the Convention on Supplementary Compensation for Nuclear Damage. It was adopted on 12 September 1997, opened for signature on 29 September 1997, and entered into force on 15 April 2015. Its subject is nuclear liability. There are 19 signatories and 12 Contracting Parties. Countries involved include Argentina, Benin (accession), Canada, Ghana (accession), India, Japan, Montenegro (accession), Morocco, Romania, United Arab Emirates, United States of America and the United Kingdom (accession). Additional signatories are Australia, Czech Republic, Indonesia, Italy, Lebanon, Lithuania, Mauritius, Peru, Philippines, Senegal and Ukraine. Related legislation comprises the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage. What is the current status of the CSC? For the CSC to take...
Brexit impact— Euratom and the UK Nuclear Sector From 31 January 2020 (exit day), the UK was no longer an EU Member State. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period concluded. In UK law, this moment—known as ‘ IP completion day’—ended key transitional measures and ushered in substantial changes across the UK’s legal framework. The UK’s withdrawal from the EU also entailed departure from Euratom. On 24 December 2020, the UK government announced agreement of the EU- UK Trade and Co-operation Agreement ( TCA), supported by several related declarations and agreements, including a distinct Nuclear Co-operation Agreement ( NCA) with the EU/ Euratom. The TCA and the NCA came into force on 1 May 2021. For more on the TCA and the NCA, see Practice Note: EU- UK Trade and Cooperation...
Overview The 1992 Convention on Biological Diversity ( CBD) broadened the scope and effectiveness of the international legal framework for the conservation of biological diversity and the sustainable use of its components. Its remit extends beyond biodiversity and governs issues such as the sustainable use of biological resources, access to genetic resources, benefit-sharing, access to biotechnology, and the risks of biotechnology. This was among two legally binding conventions adopted and signed at the United Nations Conference on Environment and Development ( UNCED), widely known as the Rio Earth Summit, convened in Rio de Janeiro, Brazil, in 1992. Endorsed by 150 government leaders, it is committed to advancing sustainable development. For information on parties to the convention, see: List of Parties. The other binding treaty concluded at UNCED was the United Nations Framework Convention on Climate Change ( UNFCCC). For further details, see Practice Note: United...
What are controlled waters? ' Controlled waters' is defined in the Environmental Protection Act 1990, Pt IIA ( EPA 1990) as having the same meaning as in the Water Resources Act 1991, Pt III ( WRA 1991), except that the description of 'ground waters' is altered. In essence, controlled waters comprise: relevant territorial waters (eg sea water extending up to three nautical miles) coastal waters (eg tidal waters) inland freshwaters (eg rivers, streams, watercourses, lakes, and non-tidal ponds) ground waters (eg water held within rock strata beneath the soil) For further detail, see Practice Note: Contaminated land—meaning of controlled waters under Pt IIA. What is pollution of controlled waters? ' Pollution of controlled waters' means the introduction into controlled waters of poisonous, noxious or polluting matter, or solid waste matter. ' Polluting' matter has a different sense from 'poisonous' or 'noxious' matter. Pollute or polluting carries its ordinary dictionary meaning, ie 'to make...
What are controlled waters for the purposes of Pt IIA? ' Controlled waters' carry, for EPA 1990, the meaning set out in Pt III of the Water Resources Act 1991 ( WRA 1991), save that the wording for 'ground waters' is altered. In broad terms, controlled waters comprise: relevant territorial waters (for example, seawater up to three nautical miles) coastal waters (for example, tidal waters) inland freshwaters (for example, rivers, streams, watercourses, lakes, and ponds that are not tidal) ground waters (for example, water held within rock strata beneath the soil) Relevant territorial waters ' Relevant territorial waters' are the stretch extending three nautical miles seawards from the baselines alongside England and Wales. This adopts a three nautical mile boundary rather than the 12 nautical mile territorial sea under the Territorial Sea Act 1987. The baseline is usually the low water mark around the coast of England and Wales......
Controlled waste is regulated by legislation. It is set out in Part II to the Environmental Protection Act 1990 ( EPA 1990)—see Definition of controlled waste below. This Practice Note considers the meaning of controlled waste in England and Wales only. Key provisions dealing with controlled waste The points below summarise principal provisions in England and Wales. Ban on unauthorised or harmful depositing, treatment or disposal of controlled waste, with fixed penalty notices: EPA 1990, s 33; section 69 of the Environment Act 2021 ( EA 2021). See Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste. Waste duty of care relating to controlled waste: EPA 1990, s 34; Waste ( England and Wales) Regulations 2011, SI 2011/988, reg 35. See Practice Note: Waste duty of care—controlled waste. Need to register as a waste carrier when...
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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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