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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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Orders made under the Transport and Works Act 1992 ( TWA 1992) are statutory instruments that can authorise guided transport schemes and certain other infrastructure in England and Wales. Under TWA 1992, a promoter may apply to the Secretary of State ( So S) in England or the Welsh Ministers in Wales for a TWA Order, which grants powers to construct and operate a guided transport scheme, including compulsory purchase to obtain land and rights required for the scheme. Types of scheme covered by TWA Orders railways and tramways trolley vehicle systems externally guided buses, monorails and other specified guided transport inland waterways works that affect rights of navigation in waters up to the limits of the territorial sea, including bridges, piers, barrages, tunnels and offshore wind farms In 2022, following consultation, the government confirmed it would proceed with plans to broaden the scope of TWA 1992, creating a...
For additional practical guidance on solar projects, including perspectives from multiple jurisdictions, see the textbook Solar Power: A Practical Handbook. What is solar PV? Photovoltaic ( PV) technology converts solar energy into electrical power. The term ‘photovoltaic’ is formed from: photo, taken from the Greek for light, and volt, the unit of electromotive force, linked to electricity pioneer Alessandro Volta PV materials transform light energy into electrical energy, as demonstrated in 1839 by French physicist Edmond Becquerel, who showed that sunlight could generate an electric current within a solid. It was more than a further century before scientists established that the photoelectric, or photovoltaic, effect enables certain materials to convert light into electricity at the atomic scale. PV technology components Cells and modules Typically, PV systems are made up of PV cells, usually comprising one or two layers of silicon or similar materials, connected in series to form...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) supersede and replace the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), renewing Scotland’s energy performance regime for every building. Under EPC Regs 2025, regulations 11 and 12 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the balance of provisions commencing on 31 October 2026. Owners of non-domestic properties must present valid Energy Performance Certificates ( EPCs) and Property Reports on sale or letting, and include EPC ratings in adverts. Developers must provide EPCs and reports to owners within seven days of completion. EPCs must be displayed in qualifying public buildings. A new national energy performance register, updated assessment methods, and local authority enforcement powers (including penalties up to £1,000) will be introduced to improve...
Wildlife offences Criminal offences relating to harm to wildlife are mainly established by the Wildlife and Countryside Act 1981 ( WCA 1981), alongside the following legislation: Food and Environment Protection Act 1985 Wild Mammals ( Protection) Act 1996 Deer Act 1991 Pests Act 1954 Poisons Act 1972 There are also EU and domestic laws enacted in line with the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which govern the cross‑border trade of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade. The National Wildlife Crime Unit is a strategic policing unit operating above individual force activity. Its remit is to: co‑ordinate enforcement concerning cross‑border and organised crime at national and international levels collate intelligence and provide analytical assessments The CPS prosecutes these cases. Summary prosecutions must be commenced within six months of the date the...
Introduction: what is a wildlife licence? A wildlife licence authorises the licence holder to undertake work that may affect protected species of animals and plants. It enables conduct that would otherwise be unlawful. It permits actions that, in the absence of a licence, would be prohibited by law. Importantly, where a person carries out activities impacting protected species without a licence, they are likely to commit an offence and could be punished by a fine or imprisonment. The use and issue of licences to safeguard wildlife and nature is long established in international law and is set out in EU biodiversity directives upon which UK law is based (i.e. the Birds Directive, the Habitats Directive and the Bern Convention). For more information, see the following Practice Notes: EU Birds Directive 2009/147/ EC EU Habitats Directive 92/43/ EEC Convention on the Conservation of European Wildlife and Natural...
Background to the Future Generations Act First tabled in 2012, the Bill that ultimately became the Well-being of Future Generations ( Wales) Act 2015 ( WFG( W) 2015) initially bore the title ‘ Sustainable Development Bill’, a name that hinted at its wide purpose. The First Minister later rebranded it the ‘ Future Generations Bill’ to signal a shift in focus that brought the social and economic strands of sustainable development to the fore. Environmental groups argued that this change of name indicated a step back from the environmental sustainability aims highlighted during the early consultations. Welsh Government’s focus on sustainable development predates this legislation. Under section 79 of the Government of Wales Act 2006, Welsh Ministers are required to set out a scheme explaining how, in carrying out their functions, they will promote sustainable development. The Welsh Government’s scheme, ‘ One Wales: One...
The Waste Electrical and Electronic Equipment Regulations 2013 ( SI 2013/3113) transposed Directive 2012/19/ EU (the recast WEEE Directive) and revoked and replaced the Waste Electrical and Electronic Equipment Regulations 2006 ( SI 2006/3289). The Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640) and the End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635) are grounded in the principle of ‘extended producer responsibility’. This principle requires producers to take responsibility for the environmental impacts of their products, particularly at end-of-life when they become waste. The recast WEEE Directive, and the earlier Directive 2002/96/ EC ( WEEE Directive 2002), are likewise founded on this approach. See Practice Note: Waste electrical and electronic equipment ( WEEE) Directive—snapshot for more information. For information on extended producer responsibility in relation to packaging waste, see Practice Note: Packaging waste— extended producer...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 ( WEEE 2013) In England and Wales, the management of Waste Electrical and Electronic Equipment ( WEEE) is governed by the Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113. These regulations revoked and superseded the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 ( WEEE 2006). The 2013 Regulations are founded on the concept of extended producer responsibility, under which producers are accountable for the environmental consequences of their products, particularly when items reach the end of their life and become waste. For further detail on producer responsibility and extended producer responsibility, consult the Practice Notes: WEEE—producer obligations and Packaging waste—extended producer responsibility regime......
Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 ( WEEE 2013), as amended, implemented Directive 2012/19/ EU, the recast WEEE Directive, and repealed and replaced the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 ( WEEE 2006). The recast WEEE Directive, and before it Directive 2002/96/ EC, the 2002 WEEE Directive, are founded on the principle of ‘extended producer responsibility’. This obliges producers to accept responsibility for the environmental effects of their products, particularly at the end of their life when those products become waste. The primary purpose of the recast WEEE Directive, and therefore domestic WEEE rules, is to go on minimising the environmental impact of electrical and electronic equipment ( EEE) by promoting the reuse, recycling and recovery of waste EEE ( WEEE) by: raising the quantity of WEEE that is...
Waste Electrical and Electronic Equipment Regulations 2013 ( SI 2013/3113), as amended, implement Directive 2012/19/ EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 ( SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme ( PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility ( AATF) or an Approved Exporter ( AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 In England and Wales, waste electrical and electronic equipment ( WEEE) is controlled under the Waste Electrical and Electronic Equipment Regulations 2013 (as amended), SI 2013/3113. Rooted in the principle of producer responsibility, the framework places duties on producers to address the environmental impacts of their products, with a particular focus on end‑of‑life when items become waste. The Environment Act 2021 created powers to deliver extended producer responsibility, making producers financially accountable for the full lifecycle costs of collecting, managing and recycling their waste. Modulated fees are used to drive product designs that are more readily recyclable. EPR for packaging waste is already in place across England and Wales, while EPR for WEEE is currently being introduced. The Waste Electrical and Electronic Equipment ( Amendment, etc) Regulations 2025 have brought in...
The Weeds Act 1959 ( WA 1959) governs injurious weeds. It has effect in England, Wales and Scotland (as amended) but not in Northern Ireland. This Practice Note relates only to England and Wales. What are injurious weeds? Injurious weeds are those specified in the WA 1959: Common ragwort ( Senecio jacobaea) Broad-leaved dock ( Rumex obtusifolius) Curled dock ( Rumex crispus) Creeping or field thistle ( Cirsium arvense) Spear thistle ( Cirsium vulgare) Each is native or long-naturalised and occurs widely across the UK. The minister may, via regulations, designate additional injurious weeds within the scope of the WA 1959. Defra provides guidance on identifying the injurious weeds listed in the WA 1959. The WA 1959 regime is distinct from the framework controlling invasive non-native species. Those weeds are native or well-established and are controlled purely to prevent agricultural harm. By contrast, invasive...
This Practice Note offers an overview of water, flooding and drainage law, aimed at trainee solicitors and other newcomers to the field. An introduction to water, flooding and drainage law In England and Wales, this field is a complex blend of statute, common law and regulatory policy covering environmental protection, public health, land drainage and flood risk. Its growth has been driven by increasing regulation of the water industry, modern flood‑risk management duties and progressively tighter pollution controls. Water companies, developers and regulators must co‑ordinate water resources so that supply, environmental safeguards, pollution prevention and climate‑driven flood risk are balanced within an ever more unified regulatory framework. Key legislation includes: Water Industry Act 1991 ( WIA 1991) Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016) Environment Act 2021 ( EA 2021) Flood and Water...
Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘ Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 ( WRA 1991) ‘ Surface water’ Inland waters (all standing or flowing surface water,...
Water Framework Directive Directive 2000/60/ EC of the European Parliament and of the Council (23 October 2000), known as the Water Framework Directive 2000 ( WFD 2000), created an EU-wide framework for action on water policy, setting a strategic approach to protect and enhance the water environment. It took legal effect in December 2000. The WFD 2000 requires all Member States to manage waters to consistent standards. Each Member State must: delineate and designate river basin districts for integrated management ensure that river basin management plans ( RBMP) are updated every six years prevent deterioration in the status of aquatic ecosystems, safeguard them and improve the ecological condition of waters strive to reach at least good status for all water bodies by 2015 encourage sustainable use of water as a natural resource protect habitats and species reliant on water ...
The regulatory regime In the UK, the release of liquids — including wastewater and effluent — into watercourses is chiefly controlled by environmental permitting and authorisation regimes across England, Northern Ireland, Scotland and Wales, though certain situations may fall outside their scope. For England and Wales, the principal rules on permitting and compliance are contained in the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. Taking effect on 1 January 2017, EPR 2016 brought together all amendments to the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. The EPR 2010 had superseded the Water Resources Act 1991 ( WRA 1991) provisions on discharge consents and water pollution offences. ( EPR 2010 was revoked in May 2024 as part of the Brexit reforms). EPR 2016 spans a range of activities and sectors. In Northern...
Summary of the Water Act 2014 The Water Act 2014 ( WA 2014) aimed to overhaul the water sector, encouraging innovation, improving responsiveness to customers, and boosting resilience to natural hazards such as droughts and floods. It introduced Flood Re, an industry‑led flood reinsurance scheme that limits premiums for households facing high flood risk. WA 2014 amends the Water Industry Act 1991 ( WIA 1991) and also updates other legislation, including the Water Resources Act 1991 ( WRA 1991). The Act comprises six parts, totalling 95 sections and 12 schedules, arranged as follows: Part 1— Water industry, with 4 chapters Part 2— Water resources Part 3— Environmental regulation Part 4— Flood insurance Part 5— Miscellaneous Part 6— General and final Part 1—water industry Chapter 1—water supply licences and sewerage licences (sections 1–7 and schedules 1–5) This chapter amends the WIA 1991 by widening the water supply licensing regime, introducing new sewerage...
Waste indicators guidance The EA has issued guidance ‘ Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency. Positive waste indicators Production residues ‘ Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products. In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/ EEC (as amended), and were heard by the same court on the same day. Each matter...
Meaning of recovery The term ‘recovery’ is set out in paragraph 2 of Part 1 of Schedule 9 to the Environmental Permitting ( England and Wales) Regulations 2016 ( SI 2016/1154). It carries the same meaning as in the Waste Framework Directive 2008/98/ EC, as amended by Directive ( EU) 2018/851, and associated terms are to be interpreted accordingly. In the WFD, ‘recovery’ means any operation where the main outcome is that waste delivers a useful purpose by: replacing other materials that would otherwise be used to fulfil a particular function within a plant or in the wider economy, or being prepared to fulfil a particular function within a plant or in the wider economy Annex II to the WFD provides a non-exhaustive list of recovery operations. Recovery is a central element of waste management under the WFD and, together with disposal activities, constitutes waste treatment as...
National policy 25- Year Environment Plan —the 25- Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 ( EIP 2023) for England was the first statutory update to the 25- Year Environment Plan under the Environment Act 2021 ( EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 ( EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see...
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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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