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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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ARCHIVED: This Practice Note is archived and no longer maintained. Legislation appears in reverse chronological sequence. Measures that apply only to Wales ( Wales SI) are marked accordingly on the tracker. The tracker includes draft and enacted Brexit statutory instruments of interest to environment lawyers. Under the European Union ( Withdrawal) Act 2018, certain proposed Brexit SIs must first pass through an initial sifting stage to decide the appropriate level of parliamentary scrutiny before being formally laid in Parliament. For further details on the sifting procedure, see News Analysis: Brexit Bulletin— Brexit SI sifting process: what you need to know. For SIs placed for sifting but not yet in draft or enacted form, see: Brexit SI database. For more on Brexit and environmental law, see: Practice Note: Brexit—impact on environmental law; and News Analysis: Brexit Bulletin—key updates, research tips and...
The UN Guiding Principles on business and human rights ( UNGPs) oblige companies to uphold ‘internationally recognised human rights’. This Practice Note outlines a non-exhaustive catalogue of rights understood to sit within that concept... The responsibility to respect human rights Under Principle 12 of the UNGPs, the corporate duty to respect human rights is anchored in internationally recognised standards—at minimum, those contained in the International Bill of Human Rights and the principles on fundamental rights reflected in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. For any programme aiming to comply with the UNGPs, it is essential to identify the rights articulated in these instruments. They can be grouped into three principal categories: the International Bill of Human Rights the International Labour Organization's Declaration on Fundamental Principles and Rights at Work other applicable human...
This ‘how to’ guide on understanding the civil litigation risk of ESG (environmental, social, and governance) sets out and distils the following topics: what ESG encompasses? the meaning of ESG-related civil litigation risk? potential claimants in civil ESG actions? prospective defendants exposed to civil ESG claims? ESG and how solicitors are involved sources of further guidance and support You may find it helpful to read this alongside Practice Note: ESG for in-house lawyers—the basics. The Law Society has issued guidance, relevant to both in-house and private practice solicitors, to support advisers to companies on climate risk governance and greenwashing threats—see: LNB News 25/10/2023 51— Law Society publishes guide to climate risk governance and greenwashing risks and further below. It should be read in tandem with Practice Note: ESG for in-house lawyers—the basics, as referenced above too. For key News Analyses on...
United Nations Convention on the Law of the Sea ( UNCLOS) Parties: 168 Adopted: 10 December 1982 Entry into force: 16 November 1994 Full text: United Nations Convention on the Law of the Sea Subject [ Catchwords]: International law of the sea; UNCLOS I and UNCLOS II At its inaugural session in 1949, the International Law Commission ( ILC) chose to pursue the codification and progressive development of multiple elements of the law of the sea. By 1956, the ILC had completed its final draft articles with accompanying commentary, which were circulated ahead of the first Conference on the Law of the Sea ( UNCLOS I), convened in Geneva over nine weeks in 1958. UNCLOS I culminated in the four Geneva Conventions adopted on 29 April 1958: Convention on the Territorial Sea and the Contiguous Zone Convention on the High Seas Convention on the Continental...
There is mounting acknowledgement that companies are obliged to respect human rights wherever these connect to their activities, supply chains and the communities in which they work. Likewise, there is increasing agreement that sound risk management hinges on understanding a company’s human rights impacts, together with handling the related legal risks. As a result, business lawyers are ever more required to factor human rights into their counsel and services. The International Bill of Human Rights, together with the eight International Labour Organisation ( ILO) core conventions set out in the Declaration on Fundamental Principles and Rights at Work, have long served as the measures against which business enterprises’ human rights impacts are assessed. The responsibility of businesses to respect human rights is separate from questions of legal liability and enforcement, which are largely determined by domestic law in the relevant...
What are the UNGPs? In June 2011, the UN Human Rights Council gave unanimous approval to the UN Guiding Principles on Business and Human Rights ( UNGPs). The Council tasked the UN special representative, Professor John Ruggie, to operationalise the previously issued ‘ Protect, Respect and Remedy Framework’, following three years of research and consultations undertaken worldwide. His remit was to provide concrete, practical guidance for implementation. The UNGPs comprise the third and final report and arise from extensive engagement with stakeholder groups, including governments, business enterprises and associations, individuals and communities directly affected by enterprise activities across different regions and in various parts of the world, civil society, and experts in numerous areas of law and policy relevant to the UNGPs. This wide consultation sought to build a global platform for action, capable of supporting practical steps across the whole...
The UN Global Compact ( UNGC) is a voluntary initiative launched in 2000 under the auspices of the United Nations, engaging organisations to advance responsible and sustainable business. operate responsibly in line with ten sustainability principles spanning human rights, labour, the environment, and anti-corruption take actions that support the society around them demonstrate top-level commitment, including a public pledge from the CEO or equivalent (with board support), to: embed the UNGC’s ten principles within strategy, culture and day-to-day operations engage in projects that progress the broader UN Sustainable Development Goals ( SDGs) report annually on the organisation’s efforts and progress engage locally in places where they have a presence Over 20,000 organisations in more than 160 countries have signed up to the...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113, gave effect to Directive 2012/19/ EU, the recast WEEE Directive, while revoking and superseding the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 ( WEEE 2006). The recast WEEE Directive, and by extension WEEE 2013, rest on the concept of 'extended producer responsibility'. Under this approach, producers must accept accountability for the environmental consequences of their products, particularly at the 'end of their life' stage, ultimately, when items transition into waste, i.e., waste electrical and electronic equipment......
Ambitions to cut the volume of waste sent to landfill, alongside technological progress, have prompted a new generation of waste infrastructure across the UK. Typically, there are two principal contracting models for such schemes: waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts; and merchant waste infrastructure contracts This Practice Note centres on waste PFI/ PPP infrastructure contracts. For background on waste projects, including common project types, see: Waste projects—overview. Waste PFI/ PPP projects Waste PFI/ PPP projects are long-term agreements between public sector bodies and a private sector provider, under which the public sector outsources its waste management services and waste to an operator that agrees to take some (or all) of that body’s waste. The private partner generally designs, builds, finances, maintains and operates the waste infrastructure assets and related services, and typically bears the...
Batteries Directive 2006/66/ EC Directive 2006/66/ EC (the EU Batteries Directive) sought to reduce the environmental harm from batteries and waste batteries. The UK gave effect to its requirements through: the BAPMR 2008, SI 2008/2164, setting limits on certain substances in batteries and specifying labelling rules the WBAR 2009, SI 2009/890, establishing arrangements for the separate collection, treatment and recycling of waste batteries In 2023, the EU Batteries Directive was repealed by Regulation ( EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries (the EU Sustainable Batteries Regulations 2023). For further detail on EU battery regulation, see Practice Notes: EU Batteries Directive—snapshot [ Archived] and EU Sustainable Batteries Regulation—overview of requirements. For guidance on WBAR 2009, see Practice Notes: Portable battery obligations and Industrial and automotive...
The Waste Batteries and Accumulators Regulations 2009 ( WBAR 2009) In force from 5 May 2009, these rules cover every battery, whatever its form, volume, weight or purpose, whether or not fitted within an appliance. They do not extend to batteries used in equipment safeguarding essential security interests, or to those in equipment intended for launch into space. For EU rules on batteries, see Practice Note: EU Batteries Directive—snapshot [ Archived]. WBAR 2009 applies to: industrial batteries automotive batteries portable batteries, such as AA and AAA batteries, and those powering laptop computers or mobile phones Compliance rests on producer responsibility. Producers must limit the environmental harm of waste batteries by improving the design of new batteries and by funding the separate collection, treatment, recycling and disposal of waste batteries. Where a producer is a member of a battery compliance scheme, the scheme meets these costs. For details of the...
Every company, other than those qualifying as small, is required to produce a strategic report for each financial year. This Practice Note outlines the obligations in sections 414A to 414D of the Companies Act 2006 ( CA 2006), setting out what a company must include when preparing a strategic report within its annual report and accounts for each financial year. In February 2026, the Financial Reporting Council ( FRC) refreshed its Guidance on the Strategic Report ( FRC Guidance) (see FRC Guidance on the Strategic Report below). Government withdraws draft corporate reporting regulations In October 2023, the UK government stated it would withdraw the draft Companies ( Strategic Report and Directors’ Report) ( Amendment) Regulations 2023, following consultation with businesses that highlighted worries about extra reporting burdens. The draft legislation, presented to Parliament in July 2023, would have introduced several new corporate reporting duties for very large UK...
For further details, refer to Checklist: Post-completion environmental issues (share purchase)—checklist. Deal with any environmental health and safety ( EHS) issues highlighted in the legal due diligence report Legal due diligence reports and share purchase agreements ( SPAs) may specify particular matters to resolve after completion. Typical steps include: Conducting a baseline phase 2 environmental audit Carrying out a phase 1 compliance audit to address items identified during due diligence Producing an asbestos management plan Implementing recommendations from a fire risk assessment or a legionella report With control of the property, the buyer undertakes these activities. The SPA may include arrangements for the seller’s lawyers to influence the post-completion programme, such as: Agreeing the scope of any environmental audits Granting access rights to complete specified works Providing for the seller to reimburse costs incurred by the...
What is the fixed price certificate scheme? Sections 32N–32Z2 of the Electricity Act 1989 establish the closure of the Renewables Obligation ( RO) and the shift to a fixed price certificate scheme ( FPC Scheme). The purpose is to curb exposure to volatile and rising prices for RO certificates ( ROCs) across the RO’s final decade, ending in 2037. For additional background on the RO and its closure, see Practice Notes: Renewables Obligation ( RO) scheme—key features and The Renewables Obligation Closure and Grace Periods: a consolidated summary [ Archived]. The government, in its 2011 energy white paper and subsequent consultations, set out that heightened and more erratic pricing could result because, after the RO closed to new projects in 2017, there is a closed and shrinking pool of capacity as RO‑accredited generators are decommissioned, or until they are no longer entitled to receive...
The RTFO The RTFO is one of the government’s principal policies to cut greenhouse gas ( GHG) emissions from fuels delivered for use in: road vehicles non-road transport, covering: non-road mobile machinery ( NRMM) inland waterway vessels that do not normally operate at sea tractors recreational craft that do not normally operate at sea alternatively powered trains that do not already fall within the definition of NRMM (eg hydrogen fuel cell-powered trains) alternatively powered non-road vehicles that do not already fall within the definition of NRMM aircraft maritime, but only where the fuel used is a renewable fuel of...
Legislative and policy framework At the international level, the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal (the Basel Convention) sets out the system for overseeing how hazardous and specified other wastes are moved and managed. Waste must be moved and recovered in an environmentally sound way to prevent pollution or risks to human health. The UK is a party to the Basel Convention. See Practice Note: The Basel Convention—snapshot. Decision III/ I ( Amendment to the Basel Convention) bars the transboundary transfer of hazardous waste to countries that are not members of the OECD or the EU and Liechtenstein. This restriction took effect in the UK on 1 January 1998 through the amendment of Council Regulation ( EEC) No 259/93 by Council Regulation ( EC) No 120/97. At the European level, Waste Shipment Regulation ( EC) No...
Introduction to UK REACH REACH is the shorthand for Regulation ( EC) No 1907/2006 of the European Parliament and the Council, covering the registration, evaluation, authorisation and restriction of chemicals (the REACH Regulation). Before REACH, there were worries that risks from chemicals used and sold in the EU were neither adequately managed nor thoroughly investigated, with the burden resting solely on public authorities. REACH sought to resolve this by shifting the duty to demonstrate understanding of, and manage, chemical risks to those who manufacture and/or import substances and goods that contain them—ie, industry. REACH also aims to: deliver a high level of protection for human health and the environment enable the free movement of substances across the EU market strengthen the competitiveness and innovation of the EU chemicals sector promote alternative methods for assessing hazardous properties, such as...
Introduction to UK REACH REACH is the shortened name for Regulation ( EC) 1907/2006 of the European Parliament and the Council, which covers the registration, evaluation, authorisation and restriction of chemicals. Before REACH, there were worries that the risks arising from chemicals placed on the EU market were not being properly controlled or examined, and that public authorities bore the whole responsibility. REACH set out to tackle this by shifting the obligation to show understanding of, and to manage, chemical risks to those who manufacture and/or import chemicals and goods containing them — in short, industry. In addition, REACH aims to: ensure a high level of protection of human health and the environment allow the free movement of substances on the EU market enhance the competitiveness and innovation of the EU chemicals industry promote the use of alternative methods for assessing hazardous properties, such as quantitative...
Introduction to UK REACH REACH is the shorthand for Regulation ( EC) 1907/2006 of the European Parliament and the Council, covering the registration, evaluation, authorisation and restriction of chemicals. Before REACH, there were concerns that the risks from chemicals placed on the EU market were not being sufficiently managed or investigated, and that the entire burden fell on public authorities. REACH sought to correct this by shifting responsibility to those who manufacture and/or import chemicals and articles containing them, requiring industry to demonstrate understanding of hazards and to manage risks appropriately. ensure a high level of protection for human health and the environment facilitate the free movement of substances within the EU market boost the competitiveness and innovation of the EU chemicals sector encourage alternative methods to assess hazardous properties, such as quantitative...
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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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