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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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Completion and post-completion issues—asset purchase Most completion and post-completion tasks in an asset purchase transaction are carried out by corporate solicitors, including: the completion meeting lodging notices with Companies House compiling the transaction bible of signed documents effecting any adjustments to the purchase price Refer to Practice Note: Completion and post-completion issues—asset purchase......
ARCHIVED: This archived Practice Note sets out the position as at 1 April 2013 on implementing the Jackson Reforms. It is not maintained and is provided solely for background purposes. In addition, some links may no longer direct you to the provisions as they appeared when this guidance was published. For further information on earlier and/or later amendments to the CPR, see: Practice Note: Jackson Reforms—one year on [ Archived] CPR updates—overview Procedure Rule Committee minutes—overview New costs rules and practice directions A comprehensive review of the costs rules and practice directions was carried out by a subcommittee of the CPR Committee. The removal of rules concerning funding agreements required renumbering, so from 1 April 2013 costs are addressed in Parts 44–47 rather than Parts 43–48 as before. The costs practice direction has also been reorganised so there is now a separate...
The Tribunal Established in 2010, the Tribunal sits within the General Regulatory Chamber ( GRC), one of the seven Chambers of the First-tier Tribunal in England and Wales. The GRC considers a broad range of appeals arising from decisions of public bodies, covering areas such as charities, examination boards, food safety and the welfare of animals. For environmental matters, where an individual or a company disputes a civil sanction or a notice served on them, they may bring an appeal to the GRC of the Tribunal. What the Tribunal does not handle Criminal offences, which should ordinarily be pursued through the criminal courts. Complaints about the regulator, which should be addressed via the regulator’s own complaints procedure, or through the Local Ombudsman; or, where the allegation concerns an unlawful decision, act or omission, by way of judicial review (see Practice Note: Judicial...
Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the suite of tools for tackling anti-social behaviour ( ASB). Its purpose was to bring remedies together and make their use more straightforward and effective. In July 2014 the government published new statutory guidance, Reform of anti-social behaviour powers: statutory guidance for frontline professionals. Updated in August 2019; Revised in January 2021 to reflect the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced Part 2 of the ABCPA 2014; Amended in June 2022 to include Expedited Public Spaces Protection Orders; Refreshed in March 2023 to coincide with the launch of the ASB Action Plan and promote greater consistency in the use of powers and tools. The opening section of the statutory guidance puts victims first, placing them at the centre of the response to...
Where do the requirements for air conditioning inspections come from? Part 4 (regs 17–21) of the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regulations 2012) specifies the duty to have an air conditioning system inspected by an accredited air conditioning energy assessor. The EPC Regulations 2012 gave effect to the requirements contained in the recast Energy Performance of Buildings Directive 2010/31/ EU (the recast EPBD directive). Before the EPC Regulations 2012, the Energy Performance of Buildings ( Certificates and Inspections) ( England and Wales) Regulations 2007, SI 2007/991 implemented the original Energy Performance of Buildings Directive 2002/91/ EC (the original EPBD directive). The recast EPBD directive was prepared after the European Council determined that clearer, more targeted measures were needed to achieve energy savings in buildings across all Member States; see Practice Note: EU Energy...
In England In England, this is governed in England by the Nitrate Pollution Prevention Regulations 2015. These superseded the Nitrate Pollution Prevention Regulations 2008, SI 2008/2349, and initially gave effect to Council Directive 91/676/ EEC of 12 December 1991, which concerns protecting waters from pollution caused by nitrates from agricultural source (the ‘ Nitrates Directive’). For further details on the Nitrates Directive, see EU Practice Note: EU Nitrates Directive 91/676/ EEC—snapshot. In Wales In Wales, this is governed in Wales by the Water Resources ( Control of Agricultural Pollution) ( Wales) Regulations 2021......
Under the Criminal Justice and Public Order Act 1994 ( CJPOA 1994), a court may draw adverse inferences if a defendant relies on facts for their defence that were not stated when interviewed under caution at the time, whether during formal questioning or at the charge stage. For further guidance on interviews conducted in accordance with the Police and Criminal Evidence Act 1984 ( PACE 1984), see the Practice Note: Interview under caution. What is an adverse inference? When addressing the jury, a judge must specify any particular matters the prosecution allege the defendant failed to mention, thereby alerting the jury to any inference or inferences they are invited to draw from that omission. CJPOA 1994, s 34 provides that a court may draw such inferences ‘as appear proper’ from a failure to mention facts later relied on at trial when...
Why do environmental issues need to be considered at the outset of a corporate transaction? Environmental and health & safety ( EHS) matters should be addressed at the heads of terms stage because: Clean-up costs for legacy contaminated land can represent one of the biggest financial exposures in a deal Environmental audits can take weeks (an intrusive phase 2 often lasts six to eight weeks). A seller may upload its own environmental reports to the data room to bolster negotiations on price and indemnities Where an environmental permit must be transferred, the process may take two to four months, or longer Smaller companies are frequently not compliant with health & safety legislation. The seller may commission an asbestos survey or implement a health & safety policy and manual See Practice Notes: Heads of terms—share and asset purchases Data...
Costs of judicial review proceedings The issue of who bears the expense of court proceedings, and the potential size of that liability, will inevitably be central when deciding whether to issue a claim and, likewise, whether and in what manner to resist one. As a starting point, the costs of judicial review are within the court’s discretion, pursuant to section 51(1)–(3) of the Senior Courts Act 1981 ( SCA 1981). That overarching position is shaped by the Civil Procedure Rules, relevant authority, and the specific facts and circumstances of the case at hand. Customarily (though not invariably) costs follow the event; in other words, the successful party will ordinarily recover its costs from the unsuccessful party. The costs in question are those ‘of and incidental to’ the proceedings. In most judicial review claims, the defendant is the public authority whose decision, act, or...
Introduction The adoption of sewers is the mechanism by which sewers are vested in the sewerage undertaker or an appointed sewerage company, after which the undertaker meets the cost of maintenance. A sewer adoption agreement (described in this Practice Note as a ‘section 104 agreement’) is the contract that developers or, in Ofwat’s terminology, ‘self-lay providers’ ( SLPs) enter into with the undertaker when the developer wishes the undertaker to assume responsibility for sewerage infrastructure they have built so that it becomes a public sewer. A sewer adoption agreement can likewise be used where a section 160 Water Industry Act 1991 ( WIA 1991) arrangement exists under which the undertaker agrees to carry out works connected with constructing sewerage infrastructure at the relevant person’s expense. The statutory basis for undertakers to enter such agreements is WIA 1991, s 104. The approach to adopting new...
What are heat networks? Heat networks are systems that deliver heating to multiple users within a single building (communal heating) or across several buildings (district heating), drawing on shared heat source(s) and a shared distribution network of pipes and plant. Heat is usually supplied as hot water—steam is uncommon—and there is a growing move towards circulating lower temperature, ‘ambient’ heat... Where a DHN connects multiple properties, heat exchangers are typically employed to provide hydraulic separation between the central network and the individual building systems. This permits different pressures and circulation rates, and makes it easier to manage temperatures (and ownership) within local buildings... For further detail on the engineering of district heating networks, see Practice Note: District heating/heat networks—technology. This Practice Note summarises the obligations under the Heat Network ( Metering and Billing) Regulations 2014, SI 2014/3120 (as amended), which form a specific element of the legal...
What is environmental insurance? Environmental insurance shifts risk by indemnifying the policyholder for losses arising from potential environmental liabilities. For property-focused cover, the insured might be the purchaser, the vendor, or both. A standalone environmental policy is often necessary because public liability insurance commonly excludes environmental liabilities, except for sudden, unintended and unexpected pollution incidents. In addition, public liability usually responds only to third party damages and not to remediation of the insured’s own property. On-site remediation Off-site remediation Civil disputes Legal expenses Role of insurance Securing insurance can enable transactions or developments to progress where environmental risks and liabilities exist, by providing financial security and reducing uncertainty. It places the burden of liability with a suitable third-party insurer. Insurance can also support operators of high-hazard facilities in making financial provision for environmental loss. Key...
Introduction The escalating effects of climate change are creating fresh categories of risk for property owners, occupiers, lenders and lawyers. On 12 May 2025, the Law Society of England and Wales released its Practice Note on Climate Change and Property ( PN25), together with a supplementary Technical Note explaining physical climate risks. PN25 sets out how climate-related risks should be approached in property transactions across residential, commercial and mixed-use assets. These risks are not solely an issue for landowners or society at large; they carry legal ramifications too, as evidenced by the growing body of climate litigation. PN25 reflects the Law Society’s view of good practice and does not amount to legal advice. It recognises that certain subjects, such as the physical effects of climate change, extend beyond purely legal matters and that solicitors are not competent to advise on them. However, subject to client...
An introduction to climate change What is climate change? Climate change describes long-term alterations in temperature levels and weather patterns. Such changes can occur naturally, for instance due to fluctuations in the solar cycle. However, since the nineteenth century, human actions have been the principal driver, chiefly through the combustion of fossil fuels such as coal, oil and gas. Burning these fuels produces greenhouse gas ( GHG) emissions that behave like an insulating blanket around the planet, trapping solar heat and lifting temperatures. Key GHGs causing warming include carbon dioxide and methane. They arise from many sources, for example petrol used to drive cars or coal burned to heat buildings. Clearing forests and other land also releases carbon dioxide that would otherwise remain stored in trees. Landfill sites are significant sources of methane. Energy, industrial activity, transport, buildings, agriculture and land use are among the...
Under the Regulatory Enforcement and Sanctions Act 2008, regulators were enabled to address offences through civil sanctions rather than prosecution. From 2010, the Environment Agency ( EA) and Natural England ( NE) received powers covering various environmental offences. In 2015, the regime widened as the EA gained authority to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157, applies in England, while the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821, applies in Wales. Schedule 5 to each instrument sets out the sanctions available for particular offences. For instance, stop notices can be used for offences under section 33(6) of the Environmental Protection Act 1990 (waste offences), but not for those under s 71(3) (information offences). The EA first exercised these powers in 2011, with NE following in 2012. Since 2013, the Natural...
What is nuclear energy? Nuclear energy is the power released from the core of an atom (the ‘nucleus’). It can be produced in two ways: Fission — the split of a large atom into smaller atoms; Fusion — the joining of lighter atoms to create heavier atoms. Nuclear (fission) power plants split uranium atoms inside a reactor through fission. The heat generated produces steam, which turns a turbine to generate electricity. While fission is currently used commercially to produce energy, nuclear fusion is not yet commercially viable. See: What is the future of nuclear power generation in the UK? below. Various countries around the world are increasingly turning to nuclear energy to satisfy the rising need for clean energy and to strengthen their energy security. What is the nuclear fuel cycle? The set of industrial processes that results in electricity from nuclear reactions is known as the...
ARCHIVED This Practice Note is archived and is no longer maintained. This tracker collates and summarises major new and upcoming legislation and consultations in England and Wales concerning circular economy developments connected to 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, taking effect from 1 January 2023 Open consultations - setting out the current status and latest developments of consultations open from 1 January 2023, or launched earlier but still open as at 1 January 2023, conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales Closed consultations - listing consultations conducted by government departments, regulators and other bodies in relation to environmental law in England and Wales that closed from 1 January 2023 To follow EU...
Meaning of a ‘circular economy’ The Waste and Resources Action Programme ( WRAP) explains that circularity reshapes our throwaway economy into one that cuts out waste, keeps materials in circulation, and embraces nature-positive, low carbon, resource-efficient practices and systems. It is set out as an alternative to the traditional linear economy. The idea recognises the intrinsic value in waste, treating it as a resource rather than something to discard. Returning materials to productive use through re-use, recycling, or recovery operations markedly reduces the environmental burden of resource consumption. The circular economy is inseparable from ecodesign: products must be conceived from the start to remain in use, be repaired, re-used, and, in the end, recycled. Without ecodesign, a circular economy cannot operate in reality. For more on ecodesign, see Practice Note: GB Ecodesign of...
Chemical sites in the UK Across the UK there are many active and former chemical facilities. Most sit within industrial zones, yet that does not remove environmental sensitivity; in the North East, for instance, rivers such as the Tyne are adjacent to mudflats designated as a Site of Special Scientific Interest ( SSSI). Numerous older plants have since been redeveloped, and those closer to the centre of towns and cities may have been converted to residential end use. Potential environmental liabilities associated with chemical works Operational chemical sites can present environmental risk arising from bulk liquid storage, processing areas and waste streams—especially via the drainage network. Fires at such facilities can also inflict major harm; a notable example is the 2011 Chemie Pack blaze in Rotterdam. Case study— Chemie Pack, Rotterdam 5 January 2011—a catastrophic fire broke out at the Chemie- Pack facility on a large...
This Practice Note examines the planning regime that applies to carbon capture usage and storage ( CCUS) schemes in England and Wales. For a wider survey of CCUS roll-out across UK, including the creation of CCUS commercial models to unlock private capital in the field, see Practice Note: UK CCUS—an overview. For further detail on the non-planning licensing and permitting obligations relevant to CCUS projects in the UK, see Practice Note: Carbon capture usage and storage ( CCUS)— UK permitting requirements. For comprehensive commentary on 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 provides in-depth treatment of topics addressed in this Practice Note. For fuller legal analysis and discussion of CCUS, see also the...
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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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