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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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STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
UK battery strategy In December 2023, the UK government set out its battery strategy, created by and delivered through the UK Battery Strategy Taskforce. Its core pillars are: Design Build Sustain The principal aim to 2030 is to establish a robust UK battery supply chain. Regulation is expected to evolve to incorporate extended producer responsibility ( EPR) obligations, shifting the full cost of managing household waste to producers, in line with the ‘polluter pays principle’. Under EPR, producers are anticipated to: Achieve updated recycling targets Provide clear recyclability labelling Commitments by the UK government and the devolved administrations to implement EPR appeared in the 2018 Resource and Waste Strategy for England and the Welsh Government’s Beyond Recycling. Alongside outlining Defra’s future commitments and actions, the strategy set a long-term policy trajectory, reflected in the Environment Improvement Plan 2023 for England. For...
Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh ARCHIVED: This Practice Note has been archived and is not maintained. By traded volume, the EU Emissions Trading System ( EU ETS) is the largest emissions trading scheme globally. It operates on a cap-and-trade model: a fixed ceiling is imposed on the total greenhouse gas ( GHG) emissions from all participating sectors covered by the scheme, and that overall limit is translated into tradable allowances. For more information, see Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—allocation of allowances and auctioning [ Archived] EU ETS Phase III UK implementation—compliance, enforcement and appeals [ Archived] When is a greenhouse gas permit required under Phase III EU ETS? [...
Background Interpol and UNEP estimate wildlife crime is worth up to £17bn globally each year. Criminals exploit wild plants and animals at every point in the supply chain, from poaching and moving specimens to processing and retailing. Such offences are commonly linked with other illegality, including money laundering, corruption and falsified documents. The UK is a world leader in championing action to stop nature’s decline, safeguard wildlife and revive the natural environment. Confronting the illicit wildlife trade is a component of UK biodiversity policy. For further details, see Practice Note: Biodiversity— UK policy and legislative framework. The Environmental Targets ( Biodiversity) ( England) Regulations 2023, SI 2023/91 set a legally binding aim to halt the fall in species’ abundance by 2030, with a goal to reverse that trend by 2042, alongside an additional objective to lower the risk of species’ extinction by 2042. This is...
What is fracking? Shale gas extraction, also called hydraulic fracturing (fracking), is the practice of injecting water and chemical additives into shale rock at very high pressure to release the natural gas trapped inside. Operators drill vertical wellbores thousands of feet into the ground, passing through sedimentary layers, the water table, and shale formations to reach the target gas deposits. The well is then steered horizontally, and a cement casing is installed, acting as a conduit for the enormous volumes of water, fracking fluid, chemicals, and sand required to fracture the rock and shale strata. Sometimes, before the fluids are pumped, small explosive charges are used to open the bedrock. The resulting fractures create pathways that let the gas be removed from the rock formations. Shale gas is largely methane, a natural gas used to generate electricity and for domestic heating and cooking....
FORTHCOMING CHANGES: At Budget 2025, the government set out measures to be legislated in Finance Bill 2026: Cutting the writing-down allowance rate for main pool plant and machinery from 18% to 14%, effective 1 April 2026 for corporation tax and 6 April 2026 for income tax. This impacts companies and unincorporated businesses with main rate pools, for example where spend does not qualify for, or predates, first-year allowances ( FYAs) such as the super-deduction and full expensing. Introducing a new 40% FYA for qualifying main rate expenditure incurred from 1 January 2026, with fewer restrictions than other FYAs. It is expected to help chiefly where spend is not covered by the £1m annual investment allowance ( AIA) or existing FYAs (including full expensing). The 40% FYA will be available to all businesses (not just companies) and will include assets used for leasing (excluding overseas...
How does the fracking process work? Shale gas extraction, or hydraulic fracturing (‘fracking’), involves pumping water and chemicals into shale at very high pressure to free natural gas, chiefly methane, trapped within the rock. Vertical well bores are drilled thousands of feet into the ground, passing through sediment layers, the water table, and shale formations to reach the gas. The drilling is then diverted horizontally, where a cement casing is installed and functions as a channel for the vast volumes of water, fracking fluid, chemicals and sand required to fracture the rock and shale. These cracks enable the gas to be extracted from the rock formations. Fracking is typically undertaken at considerable depth (1.7km to 3.1km), influencing a wide horizontal area as the geological sequence is utilised. UK’s position on fracking The UK government has, historically, been supportive of fracking. However, following a series of seismic events at the...
Brexit impact As at 31 January 2020 (exit day), the UK ceased to be an EU Member State, yet it moved into an implementation phase during which the EU continued to treat it as a Member State for many purposes, for that interim period in particular. Precisely at 11 pm ( GMT) on 31 December 2020 the Brexit transition/implementation period, established following the UK’s departure from the EU, came to a close. At that moment (termed in UK legislation as ‘ IP completion day’), key transitional measures expired and substantial changes started to apply across the UK’s legal framework. Any amendments relevant to this content will be detailed below. On 24 December 2020, the European Commission and the UK government jointly declared agreement in principle on the legal terms governing the future UK‑ EU relationship. Announced only a week ahead of IP...
Introduction to flood insurance As climate change drives more frequent flooding and the expense of repairs rises, the property, legal and financial sectors are becoming increasingly alert to floods and associated risks. Flood insurance is essential to managing the financial consequences of flood damage. Most commercial lending arrangements insist on fully comprehensive insurance. Flood insurance Cover Flood insurance will usually offer varying elements of cover depending on the policy terms and whether the premises are for domestic or commercial use. Cover is commonly available for the following losses: flood damage/direct loss—protection for losses arising directly from flooding. This may include replacement or financial reimbursement for items damaged or destroyed, such as business stock or belongings. It can also extend to costs for repairing structural damage from floodwater, essential services and restoration, and works to make a property habitable, for example ‘drying out’ ...
From the close of the Brexit transition ( IP completion day) on 31 December 2020, the UK stopped taking part in the EU’s Emissions Trading System ( ETS). The EU ETS limits the overall volume of specified greenhouse gases emitted by factories, power stations and other installations in scope by issuing tradable allowances under a cap-and-trade model. It began with Phase I in 2005 and is founded on Directive 2003/87/ EC, later amended by Directive 2009/29/ EC. Phase III of the EU ETS ran from January 2013 to 2020. Phase IV spans 2021–30. For further details on the EU ETS and carbon trading, see Practice Notes: EU Emissions Trading System ( ETS) Phase IV— Directive 2003/87/ EC EU Emissions trading system—outline EU Emissions Trading System ( ETS) for aviation EU Emissions Trading System ( ETS) for maritime...
EU Emissions Trading System ( EU ETS) From the end of the Brexit transition ( IP completion day) on 31 December 2020, the UK no longer takes part in the EU ETS. The EU ETS restricts the total volume of specified greenhouse gases emitted by power stations, factories and other installations via a cap-and-trade allowance market. It began with Phase I in 2005 and is founded on Directive 2003/87/ EC, subsequently amended by Directive 2009/29/ EC. Phase III started in January 2013 and concluded in 2020, while Phase IV runs from 2021 to 2030. For more on the EU ETS and carbon trading, see Practice Notes: EU ETS Phase IV— Directive 2003/87/ EC EU emissions trading system—overview EU ETS for aviation EU ETS for maritime transport EU ETS II for buildings, road transport and additional sectors Carbon markets—core principles and future...
Background to emissions trading in the EU and the UK Emissions trading is a market-led method for tackling pollution. It seeks to cut harmful releases of carbon dioxide and other damaging greenhouse gases ( GHGs) that drive climate change. Trading in GHGs is often referred to as carbon trading. Such market-based systems let participants purchase and sell permissions to emit specified pollutants through emissions trading schemes ( ETS). The clear aim is to attach a price to emissions so businesses are encouraged to help avert climate change. Where the cost of allowances is sufficiently high, firms should be incentivised to cut their emissions, for instance by improving operational energy efficiency levels. Emissions trading ranks highly on the EU’s and UK government’s list of priorities. The European Commission’s report on the EU Emissions Trading System ( EU ETS) states that the growth in GHG...
What is the Energy Savings Opportunity Scheme ( ESOS)? ESOS is an energy assessment and efficiency scheme that is compulsory for organisations meeting the qualification thresholds. It stems from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure enterprises that are not small-medium enterprises undergo an energy audit at least once every four years. For further details, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The obligations in art 8(4)–(6) have been implemented in the UK via the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643. The Energy Act 2023 has conferred powers to make necessary ESOS changes post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023, SI 2023/1182 introduced updates ahead of the Phase 3 compliance deadline. Qualifying organisations must carry out an energy assessment and an audit of their total energy...
This guide provides a high-level overview for inhouse counsel of certain mandatory reporting obligations for companies on non-financial and environmental, social and governance ( ESG) matters, with pointers to further resources for detail. It also outlines what a sustainability or ESG report is and summarises the main voluntary reporting frameworks available... Introduction Investors, shareholders, customers and other stakeholders increasingly expect fuller access to environmental and human rights information. The stronger focus on transparency and accountability through corporate governance and disclosure has renewed attention on the triple bottom line—how an organisation manages its environmental, social and economic impacts... There are both mandatory and voluntary ESG reporting requirements and frameworks. With the support of their in-house legal teams, companies will need to decide: whether they are legally obliged to disclose their ESG issues the depth of disclosure required which voluntary frameworks to use to produce a...
This set of training resources provides editable Power Point slide templates with accompanying trainer notes, to help introduce environmental law. It covers: what environmental law means, the evolution of the field, core principles, sources of law, environmental regimes, liability considerations, regulatory action and third‑party claims, and the application of environmental law in practice. All materials are customisable. Click the link below to download the Power Point presentation. Contents What is environmental law? Development of environmental law Principles of environmental law Sources of environmental law Environmental regimes Environmental liabilities Regulatory action and third-party claims Environmental law in practice Summary This presentation offers a primer on environmental law. Purpose of slides/seminar The slides are aimed at a broad audience rather than specialists......
This Practice Note offers an introduction to environmental law. It is directed at trainee solicitors and others who are new to environment as a field of practice. The contents of this Practice Note are also available in the form of a Power Point presentation and accompanying speaker notes—see Practice Note: Introduction to environmental law—training materials. What is environmental law? Environmental law comprises the legal framework designed to safeguard or improve the environment. Environment, as a practice area, is wide-ranging and includes matters such as, among many other related topics: pollution prevention waste management producer responsibility water quality and flooding control of harmful substances brownfield development wildlife protection and nature conservation energy efficiency and climate change mitigation and adaptation Because many environmental issues, including air pollution and the trade in endangered species, cross national borders, regulation is frequently needed at national, EU and international...
ARCHIVED: This Practice Note has been archived and is not maintained. Legislation will appear in reverse chronological sequence. Instruments that apply solely to Wales ( Wales SI) are marked on the tracker. This tracker includes draft and enacted Brexit statutory instruments relevant to Environment lawyers. Under the European Union ( Withdrawal) Act 2018, certain proposed Brexit statutory instruments must undergo an initial sifting stage before being formally laid before Parliament, to identify the suitable level of parliamentary scrutiny. For more detail, see News Analysis: Brexit Bulletin— Brexit SI sifting process: what you need to know. For Brexit SIs laid for sifting, but not yet in draft or enacted form, see: Brexit SI database. For guidance on Brexit and environmental law, see: Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources. For information on previous legislation trackers,...
Devolution The UK’s experience of devolution is far from recent and long established indeed. During the Victorian period, between 1865 and 1875, local authorities saw marked increases in regional self-governance across local government in many areas. Early in the twentieth century, amid debates of the day on Irish home rule, Winston Churchill notably proposed ‘home rule all round’, extending to English regions as well as Scotland, Ireland and Wales. After the war, the growth of the Scottish National Party helped lead to a 1979 Scottish devolution poll, backed by 40% of the electorate. The 1997 Labour administration subsequently passed devolution statutes for Scotland, Wales and Northern Ireland in 1998. Beyond these Acts, relations operate in practice between the UK government at Westminster and the devolved institutions: the Northern Ireland Assembly at Stormont, the Scottish Government at Holyrood, and the Senedd in Cardiff, on a...
Following the UK’s EU membership referendum on 23 June 2016, in which 52% backed leaving the EU, the government formally published the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). The Act set out a suite of legislative measures linked to the UK’s departure from the EU, aimed at keeping the statute book workable after Brexit. As a general position, overall, broadly, the legal framework in force immediately after exit day—11 pm on 31 January 2020—mirrored that in place before exit day, and continued to do so until the implementation period completion date of 11 pm ( GMT) on 31 December 2020 ( IP completion day)......
This year’s annual round-up surveys major developments from 2017 and looks towards 2018. It covers the government’s air quality plan and the linked legal challenges, the new Civil Procedure Rules on costs protection in Aarhus Convention claims, shifts concerning Brexit’s impact on environmental law, and a range of changes tied to the EU Emissions Trading System ( EU ETS), climate policy and targets. It also includes updates to Lexis Nexis®’s content, highlighting notable advances from the past year and what is planned for the next 12 months. This Practice Note also links to related Brexit content. Reviewing 2017 Air emissions and climate change What happened? Following extended litigation, starting in 2010 when Client Earth first brought proceedings over exceedances of nitrogen dioxide limits, the government was directed to issue a new draft air quality plan for consultation and a final plan by 31 July 2017. The...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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