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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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Regulating, Consenting and Incentivising the Energy Transition For comprehensive analysis of how the net zero energy transition is regulated, consented and incentivised under the laws of England and Wales, see also Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook contains thorough discussion of matters addressed in this Practice Note. This tracker summarises major developments and expected forthcoming actions relating to low carbon hydrogen in Great Britain ( GB) since the Ten Point Plan for a Green Industrial Revolution, published in November 2020. It sets out policy and legislative moves led by the Department for Energy Security and Net Zero ( DESNZ) and its predecessor, the Department for Business, Energy and Industrial Strategy ( BEIS), alongside relevant measures from the Welsh and Scottish governments where hydrogen is a devolved matter, plus pertinent updates from Ofgem. The tracker spans a suite of low...
This Practice Note offers links to Q& As addressing many of the most commonly asked questions ( FAQs) in environment practical guidance. The responses are not kept under review and so record the legal position at the time they were issued. For up to date guidance and added detail, follow the links within each response. Air emissions and climate change As a UK facility operator, do the existing Best Available Technique guidance documents still fully apply? Commission Implementing Decision ( EU) 2017/1442 of 31 July 2017 sets best available techniques ( BAT) conclusions under Directive 2010/75/ EU for large combustion plants. Are there any specific carve-outs and/or tighter or looser standards for new Open Cycle Gas Turbines operating 1,500 hours or more per annum? Asbestos Regarding the duty to manage asbestos in non-residential premises, does ‘premises’ extend to open land (parks,...
What is an orphan linkage? An ‘orphan linkage’ exists when no suitable persons are identified for a significant contaminant linkage ( SCL). This situation may arise in the following specific circumstances: the SCL pertains solely to pollution of controlled waters and no Class A person can be located neither Class A nor Class B persons can be found those who would otherwise be responsible are exempt under one of the relevant statutory provisions Who pays for remediation where there is an orphan linkage? Who pays for the remediation of orphan linkages depends on how many SCLs are present on site, and how the remediation actions......
These newcomer guide collections lead lawyers through the practical environmental considerations and key tasks arising across four deal types—share purchase, asset purchase, commercial property and leases. The guides span the complete timeline of each transaction, including the preliminary stage, the due diligence stage, the contract stage, and the post-completion stage. Environmental issues in transactions Buyers, sellers and funders may encounter significant environmental liability risks in corporate and banking deals. For instance, in a corporate share purchase, the buyer assumes any existing environmental liabilities of the target, including polluter liabilities at former sites and premises too. For more information, see subtopics: Banking and finance and environmental issues Corporate transactions and environmental issues, and Restructuring and insolvency transactions Environmental concerns can also surface in property transactions, as sellers that have ‘caused or......
Assimilated Regulation ( EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Entry into force: 16 July 2012 — see Regulation ( EU) No 528/2012, Article 97 Application: from 1 September 2013 Transposition deadline: N/ A Amendments Assimilated Commission Delegated Regulation ( EU) No 736/2013 of 17 May 2013, amending Regulation ( EU) No 528/2012 regarding the length of the work programme for the review of existing biocidal active substances Assimilated Commission Delegated Regulation ( EU) No 837/2013 of 25 June 2013, revising Annex III to Regulation ( EU) No 528/2012 concerning information requirements for the authorisation of biocidal products Assimilated Regulation ( EU) No 334/2014 of the European Parliament and of the Council of 11 March 2014,...
What does the EU Taxonomy Regulation do? The EU Taxonomy Regulation ( Regulation ( EU) 2020/852) appeared in the Official Journal of the EU on 22 June 2020 and took effect on 12 July 2020. It creates a classification framework across the EU, or ‘taxonomy’, designed to give businesses, investors, financial institutions, companies and issuers a shared vocabulary for judging the extent to which economic activities are environmentally sustainable. This shared language helps determine how far activities are environmentally sustainable, using terminology provided by the Regulation and understood by businesses, investors and issuers. As a transparency instrument, the Regulation’s overarching purpose is to inform decision-making and channel investment effectively towards economic activities fundamental to the transition to net zero. The EU Taxonomy Regulation also amends, and borrows definitions from, Regulation ( EU) 2019/2088—the EU Sustainable Finance Disclosures Regulation ( EU SFDR)—and is...
Assimilated Regulation ( EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/ EU ( GB Energy Labelling Regulation) Entry into force: 1 August 2017 Subject: Energy labelling; energy efficiency of products In GB, compulsory energy labelling is set by: Assimilated Regulation ( EU) 2017/1369 (the GB Energy Labelling Regulation) Energy Information Regulations 2011 ( EIR 2011) Ecodesign for Energy- Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products must meet the information and labelling duties contained in these measures. The EU Energy Labelling Regulation ( Regulation ( EU) 2017/1369) still applies in Northern Ireland post- Brexit. For more on Northern Ireland, see Practice Note: What does the Northern Ireland Protocol ( Windsor Framework) mean for the application of...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker records and summarises key new and forthcoming legislation and consultations in England and Wales concerning contamination, pollution and environmental permitting. The following regimes apply in England and Wales for contamination, pollution and permitting: the 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 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...
ARCHIVED: This Practice Note is archived and no longer updated. This Environment cases tracker sets out notable rulings and appeal movements of interest to Environment lawyers from 1 January 2023. Matters appear in reverse date order, showing the newest first. Judgments and appeal updates are listed under the court that delivered the most recent ruling. The tracker is organised into: the Upper Tribunal the High Court of England and Wales the Court of Appeal the UK Supreme Court the Judicial Committee of the Privy Council For earlier key rulings and appeal updates from 2021, see: Environment cases tracker 2022 [ Archived] Environment cases tracker 2021 [ Archived] To follow EU matters, see: EU environment cases tracker 2024. Upper tribunal Octagon Green Solutions Ltd v Revenue and Customs Commissioners [2023] UKUT 268 ( TCC) (6 November 2023): The Upper Tribunal ( Tax and Chancery Chamber) allowed the company’s appeal against the First-tier Tribunal ( Tax), which had...
Practice Note This Practice Note outlines the duties of suppliers and dealers in Great Britain ( GB) under the ecodesign framework, with particular emphasis on product energy labelling. Dealers’ obligations within the ecodesign regime are largely confined to labelling, whereas suppliers face a broader set of requirements, briefly touched on below; however, the principal focus here is the supplier obligations concerning energy labels. Note that distinct obligations may apply in Northern Ireland. The key point of reference for the labelling duties of suppliers and dealers is Assimilated Regulation ( EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 establishing the energy labelling framework and repealing Directive 2010/30/ EU, known in GB as the Energy Labelling Regulation 2017 ( ELR 2017). Supplier: ELR 2017, article 2(14) defines this as a manufacturer established in GB, the authorised...
What is the ECO? The ECO is an energy‑efficiency programme obliging major energy suppliers to install efficiency measures across existing homes and other domestic premises. It mandates support and finance of about £1bn per annum (at 2022 prices). Its focus is on helping to fit energy‑saving upgrades in low‑income households and neighbourhoods, and in hard‑to‑treat properties. ECO superseded earlier initiatives aimed at cutting carbon and saving energy in homes—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. It pursues four policy goals: alleviating fuel poverty and supporting progress towards fuel poverty targets cutting carbon emissions lowering the cost of meeting the UK’s renewable energy target by promoting energy efficiency stimulating innovation across the sector ECO operates under secondary legislation: the Electricity and Gas ( Energy Company Obligation) Order 2022, SI 2022/875 (the ECO 2022 Order). The ECO 2022 Order was...
Assimilated Regulation ( EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation ( EC) No 842/2006 Entry into force: 9 June 2014, with application commencing on 1 January 2015. Implementing legislation in England and Wales: The Fluorinated Greenhouse Gases Regulations 2015, SI 2015/310 outline certification, assessment and attestation obligations, together with the offences and sanctions that apply to breaches of Regulation ( EU) No 517/2014. The Fluorinated Greenhouse Gases ( Amendment) Regulations 2018, SI 2018/98 introduce revisions, including replacing all prior criminal offences relating to fluorinated greenhouse gases ( F-gases) with civil penalties from 1 April 2018, except for the offence of deliberately releasing F-gases. Additionally, from 22 February 2018, a new offence was created concerning the disclosure of information held by Revenue and...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not only the market in Great Britain ( GB), but also global commerce. Before the adoption of Regulation ( EC) 1272/2008 (the EU Classification, Labelling and Packaging Regulation ( EU CLP Regulation)) in 2009, harmonised rules for classification and labelling had already been developed at international level within the United Nations ( UN), culminating in the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), intended to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation came into force on 20 January 2009 in the EU (then including the UK), and Recital 6 states the aim to support global harmonisation of classification and labelling by incorporating the internationally agreed GHS criteria. Classification under the EU CLP has applied to...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in chemical substances and mixtures is not solely a domestic matter for Great Britain ( GB); it also affects the global market. Before Regulation ( EC) 1272/2008 — the EU Classification, Labelling and Packaging Regulation ( EU CLP) — was adopted in 2009, harmonised criteria for the classification and labelling of chemicals had already been developed at a global level within the United Nations ( UN), giving rise to the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS). This system was designed to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation entered into force across the EU (then including the UK) on 20 January 2009, and Recital 6 states its aim of contributing to global harmonisation of...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not just the GB marketplace, but the worldwide market as well. Before Regulation ( EC) 1272/2008—the EU Classification, Labelling and Packaging Regulation ( EU CLP)—was adopted in 2009, common criteria for classification and labelling had been established internationally under the United Nations ( UN), producing the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), designed to ease global trade and safeguard human health and the environment. By establishing harmonised criteria at a global level, the GHS seeks to facilitate worldwide trade while maintaining protections for human health and the environment, supporting consistent classification and labelling practices across markets. The EU CLP took effect across the EU (which then included the UK) on 20 January 2009, and Recital 6 states its objective of...
This Practice Note explains the definition and categories of life cycle assessments ( LCAs) as set out in international standards such as ISO 14040:2006 and ISO 14044:2006. It also outlines the methodology, phases and stages of LCAs before highlighting their benefits and relevance. What is a life cycle assessment? Under ISO 14040, a life cycle assessment is the compilation and appraisal of inputs, outputs and the potential environmental effects of a product system across its whole life cycle. ISO describes a product system life cycle as the consecutive, interlinked stages from raw material acquisition or extraction of natural resources through to final disposal, commonly termed a cradle-to-grave analysis. A product system covers both goods and services. By examining the complete life cycle of a product or service, a thorough and integrated review of all inputs and outputs is undertaken, allowing the total...
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment consultations tracker tool sets out the latest position and updates on consultations run by government departments, regulators and other organisations relating to environmental law in England and Wales between 1 January and 31 December 2022. Any consultations still open as at 1 January 2023 can be found in: EU environment tracker 2024—chemicals and hazardous substances England and Wales environment tracker 2023—circular economy and sustainable products [ Archived] England and Wales environment tracker 2023—climate action, energy and emissions [ Archived] England and Wales environment tracker 2023—contamination, pollution and permitting [ Archived] England and Wales environment tracker 2023—environmental disputes, offences and enforcement [ Archived] England and Wales environment tracker 2023—environmental taxes, reliefs and incentives [ Archived] England and Wales environment tracker 2023—nature and biodiversity [ Archived] England and Wales environment tracker...
Practice Note This Practice Note presents a concise overview of key elements of the Fisheries Act 2020 ( Fi A 2020), described as the UK’s first wholly domestic fisheries law for 40 years. The Fi A 2020 received Royal Assent on 23 November 2020. Under Fi A 2020, s 54, commencement of certain provisions and schedules was deferred. Since 1 March 2021, every part of the Act has been in effect. From 31 December 2020, the UK Government has possessed full authority to determine who may fish within UK waters. The Fi A 2020 sets out measures concerning fisheries, fishing, aquaculture and marine conservation, creating the statutory framework for regulating UK fisheries and empowering government to make detailed secondary legislation for that purpose. Schedule 11 to the Fi A 2020 amended the Assimilated Common Fisheries Policy Regulation ( EU) No 1380/2013 (...
The freedom of information case archive captures and distils notable decisions and case law on the enforcement of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391. For background reading, see: Freedom of information—overview; Environmental information regulation—overview. Under each heading, the archive records previous rulings from the following: Court of Appeal ( CA) Upper Tribunal ( UT) Alongside the key elements of each ruling, where possible there are links to news analysis and commentary from the Freedom of Information Journal, available to Lexis®Library subscribers. For the most recent FIA 2000 and EIR 2004 rulings, see Practice Note: Freedom of information case tracker. For further archived decisions, see archived Practice Notes: Freedom of information case tracker [ Archived]; Access to environmental information case tracker [...
This Practice Note sets out a summary of the scope and obligations arising under the EU Sustainable Finance Disclosure Regulation ( Regulation ( EU) 2019/2088) together with Commission Delegated Regulation ( EU) 2022/1288. Overview of EU SFDR and related regimes Regulation ( EU) 2019/2088 ( EU SFDR) on sustainability‑related disclosures for the financial services industry creates a disclosure and transparency framework for the EU financial sector as a whole. The EU SFDR sits within a wider EU sustainable finance rulebook of measures, most notably the EU’s Sustainable Finance Action Plan adopted in March 2018 ( Action Plan). For further details on the Action Plan (including a concise overview of the EU legislation that falls within it, such as the EU SFDR, the EU Taxonomy Regulation ( Regulation ( EU) 2020/852 ( EU TR)), and requirements on integrating...
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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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