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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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Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 ( COSHH), SI 2002/2677, is among the most significant health and safety regulations for any organisation that uses, produces or generates chemicals, or other substances capable of harming employees, contractors and the wider public. Every year, hazardous substances make thousands of workers ill, leading to lung disease, cancer and skin conditions. Examples include: Dust in air — lung diseases Metalworking fluids — dermatitis and asthma Wet cement — chemical burns or dermatitis Benzene in crude oil — leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines a ‘substance hazardous to health’ as including: Substances that meet the criteria for classification as hazardous within any health hazard class set out in the CLP Regulation, whether or not the...
Introduction and background The State of Nature and Climate 2025 briefing from the World Economic Forum set out key conclusions: the Planetary Health Check supplies robust scientific proof that human activity is destabilising the Earth system, thereby jeopardising global economic development. Overall, planetary boundaries lie in a zone of escalating risk, with six of the nine already crossed and trends signalling further deterioration. Climate change Novel entities Biogeochemical flows Freshwater change Land system change Biodiversity Ocean acidification is worsening and is rapidly nearing its planetary threshold. These insights mirror the World Wildlife Fund’s Living Planet Report 2022, which found average global wildlife populations have fallen by 69% since 1970, while freshwater species have suffered the greatest losses overall, with an 83% global decline. In summary, the need to protect species is immediate......
Chemicals Question Answer As a commercial customer, when preparing a supply agreement for buying chemical substances, which particular chemical sector laws could govern the transaction that the supplier must meet? Does the business customer face any duties? UK REACH UK REACH applies to the manufacture, placing on the GB market, or use of chemical substances whether on their own, in mixtures, or within articles. Where a substance is produced or imported into GB in amounts of one tonne or more each year, the substance must be registered on a database operated by the Health and Safety Executive ( HSE), unless an exemption applies. If registration is not completed, the substance cannot be placed on the GB market. For more detail, see Practice Note: UK REACH—registration. UK REACH also allows the HSE to evaluate registered substances. Substances that match certain hazard criteria may need...
Land contamination liabilities The principal liabilities linked to land contamination and water pollution are outlined below. Regulatory action: Part IIA contaminated land regime under the Environmental Protection Act 1990 ( EPA 1990); Environmental Damage Regulations— EDR ( England) SI 2015/810 and EDR ( Wales) SI 2009/995; anti‑pollution works notices under sections 161–161D of the Water Resources Act 1991 ( WRA 1991); Environmental Permitting Regulations 2016 ( EPR 2016), SI 2016/1154. Third‑party liabilities: Private and public nuisance claims; personal injury claims; negligent professional advice; misrepresentation; lease disputes. Contractual liabilities: Planning obligations and development conditions; agreements for lease disputes; licence to enter indemnity claims; remediation agreements; insurance policy disputes. Other liabilities: Clean‑up, investigation and monitoring costs; landfill tax; loss of property value; delay or aborted transactions; accounting provisions; negative publicity. For more detail, see the Practice Notes on land...
Executive narrative In practice, Japan’s ESG framework has a disclosure and governance core (e.g. capital markets, stewardship and comply-or-explain governance codes) which sits alongside a deep environmental compliance rulebook for waste, chemicals and pollution controls, together with a fast-moving decarbonisation policy regime that is evolving at pace. For multinationals, the day-to-day execution risk concerns whether claims to investors and consumers can be substantiated and whether operational sites and products comply with detailed lifecycle rules (particularly for waste and chemicals) that are actively enforced through administrative tools and inspections, with clear oversight. A further practical consideration is that Japanese ESG expectations are increasingly shaped by domestic standards expressly designed to incorporate International Sustainability Standards Board ( ISSB) standards, nudging companies towards audit-style controls for sustainability data and narrative consistency across reports. Disclosure and reporting When it comes to corporate and investor disclosure, Japan is in an...
Executive narrative Brazil’s environmental, social and governance ( ESG) framework is best seen as a layered federal–state–municipal enforcement system, with significant real‑economy effects and unusually robust public enforcement and collective litigation routes. In practice, ESG risk commonly materialises through: environmental permitting, embargoes, fines and remediation duties handled by federal and state environmental bodies within the National Environmental System ( SISNAMA) public civil actions (ação civil pública) and prosecutor‑led settlements that can advance more quickly than regulatory procedures capital markets disclosure oversight by the Brazilian Securities Commission ( CVM), now expressly linked to International Sustainability Standards Board ( ISSB)/ International Financial Reporting Standards ( IFRS) sustainability standards consumer and advertising scrutiny of sustainability claims under the Consumer Defence Code, regulators, and Consumer Protection and Defence Offices ( PROCONs) advertising self‑regulation under the supervision of the National Council for Advertising Self‑ Regulation (...
ARCHIVED This Practice Note is archived and not supported. From 1 January 2025, this Environment cases tracker highlights significant rulings and appeal developments of interest to Environment lawyers. It is organised into: Upper tribunal High Court of England and Wales Court of Appeal UK Supreme Court Judicial Committee of the Privy Council Judgments and appeal movements appear under the court that issued the latest decision, with entries shown newest first. For earlier notable rulings and appeal updates from 2021, see: England and Wales environment cases tracker 2024 [ Archived] England and Wales environment cases tracker 2023 [ Archived] Environment cases tracker 2022 [ Archived] Environment cases tracker 2021 [ Archived] For EU matters, see: EU environment cases tracker 2025. Upper tribunal Case: Gordon v Information Commissioner [2025] UKUT 159 ( AAC) Judgment date: 6 May...
This tracker tool tracks and summarises key new legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. In England and Wales, the following regimes govern contamination, pollution and environmental permitting: Contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, 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): apply to environmental damage, defined as damage to: a protected species or natural habitat that has a...
This tracker collates and outlines significant new laws and consultations in England and Wales relating to environmental taxes, reliefs and incentives. HM Treasury describes an environmental tax as one that satisfies these three principles: the tax is clearly tied to the government’s environmental aims the tax’s chief purpose is to drive behaviour change that benefits the environment, and the tax is designed around environmental goals—eg the more polluting the activity, the higher the charge imposed The following environmental taxes operate in England and Wales: landfill tax—a charge due on waste disposals at authorised landfill sites and on certain specified landfill activities climate change levy ( CCL)—a compulsory tax on UK business energy consumption, applied at the point of supply as taxable supplies. The climate change agreement ( CCA) scheme allows qualifying facilities to obtain a reduced rate (discount) on the CCL aggregates levy—an environmental charge...
This tracker tool identifies and summarises significant new legislation and consultations in England and Wales relating to waste, including circular economy developments linked to end-of-life/waste and plastics, together with the waste producer responsibility regime in particular. The tracker is organised into the following parts for ease of use: Legislation—highlighting notable forthcoming legislation of particular relevance to Environment lawyers in England and Wales that will be in force from 1 January 2026 Consultations—setting out the current position and latest updates on consultations open from 1 January 2026, or opened earlier but still open as of 1 January 2026, run by government departments, regulators and other bodies regarding environmental law in England and Wales, and those conducted by government departments, regulators and other bodies regarding environmental law in England and Wales which closed from 1 January 2026 For anticipated future changes, see Practice Note:...
Issue Details Name: 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency ( Convention on Assistance) Parties: 131 (including 4 non– State parties, 57 signatories) Place: Vienna Adopted: 26 September 1986 Entry into force: 26 February 1987 Subject: International assistance and support in the event of a nuclear accident or radiological emergency What is the purpose of the Convention on Assistance? To allow rapid assistance and encourage international co‑operation when confronted with a nuclear or radiological emergency. The Convention is based on the International Atomic Energy Agency guidelines titled Guidelines for Mutual Emergency Assistance Arrangements in Connection with a Nuclear Accident or Radiological Emergency (1984). It sets a framework through which help can be requested and provided. What are the key elements of the Convention on Assistance? Key...
This tracker monitors key legislative and regulatory attention to developments in corporate reporting and audit on climate change and environmental sustainability in England and Wales... To follow EU developments in this field, see: EU environment tracker 2025—sustainability and ESG and EU ESG and sustainability—key developments tracker... Practice Notes CSR, ESG and human rights reporting and initiatives TCFD recommendations and other ESG reporting frameworks, standards and benchmarks [ Archived] Investor group guidance on environmental, social and governance ( ESG) issues The strategic report The directors' report Voluntary environmental, social and corporate governance ( ESG) reporting 2026 30 January 2026 — FCA — Consultation Paper CP26/5: Aligning listed issuers’ sustainability disclosures with international standards The FCA is consulting on aligning listed issuers’ sustainability disclosures with international standards. Building on the government’s draft UK SRS, CP26/5 invites views on replacing the current Task Force on...
This Practice Note explores aspects of, and specifically, the government’s work on developing the UK Sustainability Reporting Standards. The UK government has pledged to establish a UK Sustainability Disclosure Requirements ( SDR) regime that consolidates new and existing sustainability reporting obligations for businesses, the financial sector and investment products. Its objective is a single, integrated framework of sustainability‑related disclosure requirements and metrics, so investors receive clear, comparable information to support their decision‑making. A key element of the UK SDR regime is the introduction of UK Sustainability Reporting Standards—reporting standards for use by certain UK companies and businesses to disclose sustainability‑related information. These standards emphasise sustainability‑related risks and opportunities. This Practice Note concentrates on the creation of the UK Sustainability Reporting Standards ( UK SRS) and proposals for transition plan disclosures. Within Greening Finance: A Roadmap to Sustainable Investing ( October 2021) ( Roadmap), the...
Introduction This Practice Note sets out an overview of flooding matters that can arise in property transactions. It is intended to equip clients to check flood risk at a property and to weigh the key points when buying or selling. For material on heightened flood risk, climate change and the solicitors’ duty to warn clients about climate-related risks, see News Analysis: The legal duty to advise and warn about climate risk—developments for property lawyers. The Law Society of England and Wales has issued an updated practice note entitled ‘ Climate Change and Property’. That guidance expresses the Law Society’s view of sound professional practice on climate-related risks in property work, highlighting physical, transition and liability risks as potentially relevant. It recommends that solicitors, acting within the scope of their instructions and competence, consider whether to bring such risks to clients’ attention and suggest...
Scope of the note This note sits within a suite addressing the legal framework for ecodesign of products, including the Ecodesign and Energy- Related Products Regulations 2010, SI 2010/2617 (2010 Regulations) and the Ecodesign and Energy- Related Products Regulations 2021, SI 2021/745 (2021 Regulations). It centres on the ‘right to repair’ measures introduced by the 2021 Regulations, which place duties on manufacturers, authorised representatives and/or importers to make specified spare parts available for certain in-scope energy related products ( Er Ps), and to supply repair and maintenance information to enable third party repair of those Er Ps. The broader suite of notes comprises: GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—responsibilities of suppliers and dealers GB Ecodesign of products—offences, sanctions and enforcement GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—lifecycle...
What are pesticides and biocides? Pesticides and biocides are substances or living agents used to manage pests, including harmful or unwanted animals, plants, fungi, viruses, and bacteria that cause damage. The term ‘pesticide’ is often used as if it were the same as ‘plant protection product’, but ‘pesticide’ can be wider in scope and may include biocidal products. ‘ Plant protection product’ refers specifically to pesticides that protect crops or other plants, typically used in agriculture, forestry, and public or private horticulture. Plant protection products ( PPPs) and biocides can cause significant water pollution and land contamination, especially if they enter surface waters or groundwater. Concerns are also sometimes expressed about their potential effects on human health. Plant protection products ( PPPs) PPPs include at least one component that acts against pests or plant diseases, called an ‘active substance’, and they serve one or more of the...
The extended producer responsibility ( EPR) regime for packaging and packaging waste The extended producer responsibility ( EPR) regime for packaging and packaging waste shifts the entire cost of managing household packaging waste from households to packaging producers, placing on them accountability for their packaging costs throughout its lifecycle. Lower charges apply to sustainable packaging, incentivising designs that use fewer materials and are easier to recycle. Under EPR, Local Authorities ( LAs) receive producer-funded payments covering the net costs of collecting, managing, recycling and disposing of this household packaging waste. EPR is governed by the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332 (as amended). These regulations define a range of persons and bodies with specific functions within the regime. These are: producers—these are the principal duty holders compliance schemes the Scheme...
This tracker tool This tracker brings together and summarises key new legislation and consultations in England and Wales concerning the regulation of chemicals and hazardous substances. It covers 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), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules relevant to chemicals regulation have been retained in Great Britain with amendments. In Northern Ireland, the EU regimes continue to apply under the Northern Ireland Protocol (now the Windsor Framework), except that the POPs regime is UK-wide. The following regimes apply: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No 1907/2006—snapshot GB CLP, see Practice Note: GB classification, labelling and packaging of substances and mixtures ( CLP):...
This Practice Note offers a practical ‘how to’ overview of making a freedom of information ( FOI) request, with primary attention on applications under the Freedom of Information Act 2000 ( FIA 2000). Both FIA 2000 and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, grant a right to access recorded information held by public authorities. The emphasis here is on FIA 2000. For more on EIR 2004, see: Environmental information—overview. This note does not address the grounds for refusing an FOI request or for withholding material. For those topics, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request. Key legislation and guidance This guide should be read alongside the following legislation, code of practice, and Information Commissioner’s Office ( ICO) materials: FIA 2000 Cabinet Office— Freedom of...
Through this guide, organisations can bring their corporate strategy and transition plan into alignment, motivate board directors to deliver emissions-cutting objectives, lessen reputational and legal exposures—particularly accusations of greenwashing—and evidence climate leadership alongside a clear commitment to lowering greenhouse gas emissions. The sustainability clauses originate from The Chancery Lane Project ( TCLP) and are accessible via TCLP’s website below, referenced. For comprehensive direction on aligning the board with climate ambitions, please consult the guide supplied by TCLP. TCLP is the code name for a targeted, collaborative initiative of lawyers across the globe, from around the world, creating new and novel contracts and model laws to tackle climate change. For further details, visit: chancerylaneproject.org. Lexis+® is pleased to back and support TCLP’s work......
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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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