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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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Introduction to UK REACH REACH is the shorthand for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, which governs the registration, evaluation, authorisation and restriction of chemicals (the REACH Regulation). Before REACH came into force, there were worries that the risks from chemicals placed on the EU market were not being properly controlled or sufficiently examined, and that the entire responsibility sat with public authorities. REACH set out to change this by shifting the onus for proving understanding of, and effectively managing, chemical risks to those who manufacture and/or import chemicals or goods that contain them, namely industry. In addition, REACH aims to: ensure a high level of protection for human health and the environment; enable the free movement of substances within the EU market; strengthen the competitiveness and innovation of the EU chemicals industry; and promote...
Introduction to UK REACH REACH refers to Regulation ( EC) No 1907/2006 of the European Parliament and the Council, covering the registration, evaluation, authorisation and restriction of chemicals. Before REACH, there were significant concerns that risks from chemicals placed on the EU market were not being properly controlled or investigated, with the entire burden falling on public authorities. REACH sought to remedy this by moving the responsibility for evidencing understanding of chemical risks and managing them appropriately to those manufacturing and/or importing chemicals and goods containing them—that is, industry. In addition, REACH aims to: ensure a high level of protection of human health and the environment permit the free movement of substances within the EU market enhance the competitiveness and innovation of the EU chemicals industry promote alternative methods for assessing hazardous properties, such as quantitative structure–activity relationships At 11 pm ( UK time) on 31 December 2020, REACH was copied onto the UK...
Introduction to UK REACH ‘ REACH’ is the shortened name for Regulation ( EC) No 1907/2006 of the European Parliament and of the Council, which governs the registration, evaluation, authorisation and restriction of chemicals. Before REACH came into effect, there were concerns that the risks arising from chemicals placed on the EU market were not being properly controlled or thoroughly investigated, and that the entire responsibility for this fell on public authorities. REACH set out to remedy these issues by moving the onus for demonstrating understanding of, and effectively managing, chemical risks to those manufacturing and/or importing chemicals and articles containing them (i.e. industry). In addition, REACH seeks to: secure a high degree of protection for human health and the environment enable the free movement of substances within the EU market enhance the competitiveness and innovation of the EU chemicals...
Introduction to UK REACH ' REACH' is the shortened name for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, covering the registration, evaluation, authorisation and restriction of chemicals (the REACH Regulation). Before REACH, there were concerns that risks from chemicals used and marketed in the EU were not being adequately controlled or investigated, and that public authorities bore the whole responsibility. REACH sought to tackle this by shifting the obligation to demonstrate understanding and to properly manage chemical risks to those manufacturing and/or importing chemicals and goods containing them (i.e. industry). 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...
Assimilated Regulation ( EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ( UK REACH) In force from 1 January 2021 Transposition deadline: N/ A Amending documents: TBC Annex amendments: TBC Subject: Environment; chemical products What is UK REACH? ' REACH' is the shortened title for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, which covers the registration, evaluation, authorisation and restriction of chemicals. Before REACH, there were worries that the risks from chemicals used and sold in the EU were not being sufficiently controlled or examined, and that the entire responsibility for doing so sat with public authorities. REACH set out to tackle this by moving the duty to demonstrate understanding and to manage chemical risks appropriately to those...
UK government sustainable development strategy For over twenty years, the UK has restated its pledge to sustainable development, shaping its own interpretation through a succession of national sustainable development strategies. Much like the evolving definition itself, the UK-wide approach remains an ongoing endeavour. The UK’s strategy sets out policies designed to advance delivery of all 17 Sustainable Development Goals ( SDGs). Responsibility for implementing policy in devolved areas rests with Scotland, Wales and Northern Ireland. For further insight on sustainable development in the UK, see Practice Note: Sustainable development—definition and application at UK level. The Greening Government Commitments ( GGCs) specify the measures that UK government departments and their agencies will adopt to cut their environmental impacts. This sits within a drive to boost transparency and alignment with national and international sustainability commitments; however, uneven progress, funding and...
This Practice Note provides an overview of the aims, character and breadth of the structured due diligence process that a potential buyer customarily undertakes in connection with the acquisition of shares in a private limited company, or the purchase of a business together with its assets (the target)... Purpose and initial considerations for the buyer Purpose of due diligence For any share or asset deal, the buyer begins, at the outset, from the long‑standing principle of caveat emptor (let the buyer beware)... As the seller is not obliged to reveal defects in, or liabilities attaching to, the target, the buyer must carry out its own independent enquiries and verification... Accordingly, it will appoint advisers to perform thorough commercial, legal, tax, financial or other due diligence and to produce reports identifying material issues arising from their review... From the buyer’s standpoint, the core purpose of due diligence is the...
ARCHIVED: This Practice Note has been archived and is not maintained. As a consequence of the 23 June 2016 referendum on EU membership, in which 52% voted for the UK to leave, the UK exited the EU on 31 January 2020 (exit day). Pursuant to the Withdrawal Agreement, the UK moved into a transition phase (implementation period) during which EU law continued to apply. That implementation period concluded on 31 December 2020 ( IP completion day), when key transitional measures ceased and substantial changes started to apply across the UK’s legal framework. Throughout the implementation period, the UK government issued practical guidance to assist businesses in preparing for how particular regimes pertinent to environmental law would function after IP completion day. On, and immediately after, IP completion day, a number of these guidance notes were republished to mirror the confirmed legal and...
Brexit impact At 11pm ( GMT) on 31 December 2020, the transition/implementation phase that followed the UK’s departure from the EU came to a close. That moment—known in UK law as ‘ IP completion day’—ended core transitional measures and triggered wide-ranging changes across the UK legal framework. Any updates relevant to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct category of domestic UK law—retained EU law ( REUL)—consisting of EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. It reshapes the treatment of REUL by: revoking substantial elements of REUL from 31 December 2023 re-labelling REUL as ‘assimilated law’ from 1 January 2024 ...
What is the requirement for a nuclear site licence? A nuclear site licence is mandated by the Nuclear Installations Act 1965 ( Nu IA 1965) for the use of any site to install or run: a nuclear reactor (excluding one forming part of a means of transport by land, water or air, such as a nuclear-powered submarine) a nuclear installation intended or modified to: produce or use atomic energy perform a process, capable of emitting ionising radiation, connected to the production or use of atomic energy store, treat or dispose of nuclear fuel, or bulk quantities of material irradiated by the production or use of nuclear fuel a nuclear installation specified by the Nuclear...
The UK is a signatory to the international system of nuclear liability created by the 1960 Paris Convention and its later amending agreements. The UK gives effect to these commitments through the Nuclear Installations Act 1965 ( Nu IA 1965), which has been updated by primary and secondary legislation to mirror Convention revisions and UK policy choices within the permitted limits. The most recent instrument is the Energy Act 2023 ( En A 2023), which modifies the Nu IA 1965 to implement the Convention on Supplementary Compensation ( CSC). The En A 2023 empowers the Secretary of State to make regulations to give effect to the CSC, or otherwise to address matters connected with, or arising from, the CSC. This Practice Note succinctly outlines the evolution and current position of UK nuclear liability law and considers the changes introduced by the En A 2023 to the Nu IA...
EU ambitions to cut landfill disposal, together with advances in technology, spurred the roll-out of new waste infrastructure across the UK. Broadly, two principal contracting routes exist for such schemes: Waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts, which, from February 2025, are generally subject to the Procurement Act 2023. Existing PFI and Private Finance 2 ( PF2) arrangements entered into before November 2018 continue to run Merchant waste infrastructure contracts A merchant contract is a binding agreement between a business (the merchant) and, commonly, an acquiring bank. Merchant waste schemes are those where the sponsor (or ‘acquiring bank’) is a private entity, for example the Green Investment Group. They may cover projects reliant on private, specialist feedstocks such as refuse derived fuel, commercial and industrial waste, and waste wood. This Practice Note...
Marine planning in the UK Part 3 of the Marine and Coastal Access Act 2009 ( MCAA 2009) underpins marine planning across the UK. Under MCAA 2009, devolved administrations act as the responsible marine planning authorities for their inshore and offshore waters, except for Scottish and Northern Ireland inshore waters, as marine planning for these areas is already provided for by the Marine ( Scotland) Act 2010 and the Marine Act ( Northern Ireland) 2013 (not available in Lexis Library). MCAA 2009 introduced a framework for safeguarding and managing the marine environment. It: set up a strategic marine planning regime that defines local and national objectives and priorities for the seas, supplying the policy basis for licensing choices revised licensing requirements and processes for specified activities in the marine area created the Marine Management Organisation ( MMO) as the...
International regime under UNCLOS The deployment of cables and pipelines is recognised as a High Seas freedom under the 1981 UN Convention on the Law of the Sea ( UNCLOS). UNCLOS also permits every State to place submarine cables and pipelines on the continental shelf. Existing lines must be taken into account so that access and upkeep are safeguarded. Although the UK, as a Coastal State, must not obstruct the laying or servicing of such infrastructure, it may adopt proportionate measures to prevent, minimise and manage pollution arising from pipelines. The precise alignment or corridor of any cable or pipeline on the continental shelf remains subject to UK approval. Cables Scenario 1—cable route exclusively within inshore waters Where a submarine cable lies solely within UK territorial waters (that is, up to 12 nautical miles from Mean High Water Springs ( MHWS)), the activity requires a licence and the...
Private and public sector organisations are increasingly required to report on their greenhouse gas ( GHG) emissions Obligations to disclose GHG emissions vary between companies and hinge on: the organisation’s scale and business activities whether it is a UK company the volume of energy it uses Where reporting is not compulsory, chapter 2 of the Environmental reporting guidelines, including streamlined energy and carbon reporting guidance (the Guidelines) advises companies to disclose their emissions on a voluntary basis. A growing number are doing so in response to stakeholder expectations, notably those driven by investor requirements. For voluntary GHG reporting information, see Practice Note: Voluntary greenhouse gas reporting. For more on wider, voluntary environment, social and governance reporting, see Practice Note: Voluntary environmental, social and corporate governance ( ESG) reporting. For a hub on issues related to sustainable business, including reporting, see: ESG and...
For comprehensive analysis and detailed commentary on regulatory approval, consenting and incentivisation supporting the net‑zero energy transition under the law of England and Wales, refer also to the volume: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook provides extensive treatment and more detailed discussion of matters addressed in this Practice Note. This Practice Note offers an introductory overview of low‑carbon hydrogen projects in the UK. It sits within a suite of related Practice Notes on low‑carbon hydrogen projects, the following: Low carbon hydrogen projects— UK revenue and funding support Low carbon hydrogen projects—the Low Carbon Hydrogen Agreement ( LCHA) It sets out why developers and investors might be attracted to these projects; the range of hydrogen production methods that influence how hydrogen is categorised within a colour framework; the use cases for low‑carbon hydrogen and the...
Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition For an in-depth examination of regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also the above work. That textbook offers detailed analysis of matters addressed in this Practice Note. This Practice Note sets out an overview of the principal revenue support mechanisms being developed by the UK government for low carbon hydrogen schemes in the UK, together with the pathways by which such funding is granted and the associated processes through which awards are made. It concentrates on the business model for qualifying projects falling within hydrogen production, and outlines the proposed business models for hydrogen transport, hydrogen storage and hydrogen to power ( H2P) generation. It also covers the Low Carbon Hydrogen Standard ( LCHS), the Low Carbon Hydrogen...
Low Carbon Hydrogen Agreement ( LCHA) For fuller analysis of how regulation, consenting and incentivisation shape the net zero energy transition in England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers extensive treatment of topics addressed in this Practice Note. This Practice Note sets out a synopsis of the Low Carbon Hydrogen Agreement ( LCHA), the principal support mechanism within the UK for subsidising low carbon hydrogen production schemes. It assumes project finance will be pursued and therefore addresses matters of interest to project finance lenders alongside hydrogen producers and wider stakeholders. It contains a thorough examination of the LCHA’s framework and objectives, eligibility conditions, the principal counterparties, and the payment architecture—covering the Difference Amount, the Price Discovery Incentive and the Sliding Scale Top- Up Amount. It also considers the headline terms and...
What is the impact of Brexit on the UK nuclear sector? From 31 January 2020 (the exit day), the UK stopped being an EU Member State. Yet, at that moment it moved into a transition/implementation phase, during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. Leaving the EU also entailed leaving the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition/implementation phase concluded. In UK law this point—‘ IP completion day’—ended core transitional measures and ushered in notable changes across the UK’s legal framework. The UK’s departure from the EU likewise resulted in departure from Euratom. Any amendments pertinent to this material will be detailed below. After IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new class of domestic...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU concluded. In UK legislation this moment—‘ IP completion day’—brought transitional measures to a close and ushered in wide-ranging changes across the UK’s legal framework. Key transitional arrangements ceased, and material changes started to apply throughout the UK’s legal regime. Any updates pertinent to this material will be outlined below. Following IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK law—‘retained EU Law’ ( REUL)—comprising EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 changes the treatment of REUL by: revoking...
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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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