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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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This cases tracker highlights significant judgments and opinions from the General Court of the EU and the Court of Justice of the EU issued from 1 January 2023 that may interest environment lawyers. Updates are made each month. The tracker is organised into: the General Court of the European Union the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Arctic Paper Grycksbo AB v Commission, Case T-269/21 Judgment: 26 July 2023 Environment – Directive 2003/87/ EC – greenhouse gas emissions trading scheme – national measures implementing the Directive – temporary free allocation of greenhouse gas emission allowances – exclusion of an installation operating solely on biomass – duty of care – right to be heard – duty to provide reasons – manifest error of assessment – equal treatment – protection of legitimate...
This cases tracker showcases key judgments and formal opinions issued by the General Court of the EU and the Court of Justice of the EU during 2026 that could interest environment lawyers across the field. The tracker......
This Practice Note This Practice Note monitors major historical developments in EU energy law. It sets out significant milestones and commentary on enacted legislation and other important changes, such as issued guidance and EU-wide strategies and action plans. Coverage begins with legislative activity from 2025 onwards. The tracker is structured into the following sections: Legislation published in the Official Journal in 2025 Key non-legislative materials Case law is handled separately—see Practice Note EU energy cases tracker—2026. This tracker excludes emerging or anticipated items, including ongoing legislative files or live consultations. For forward-looking developments in EU energy law, consult Practice Note: EU Energy—horizon scanner. As a priority, the 2024–2029 Commission aims to address overlaps and burdensome or disproportionate rules that weigh on EU businesses and risk stifling growth and progress. To this end, it has outlined several cross-sector omnibus legislative packages. Where such omnibus...
This tracker showcases notable judgments and opinions from the General Court of the EU and the Court of Justice of the EU delivered in 2025, of likely interest to energy lawyers. Updates are made monthly. It is organised into: the General Court of the European Union the Court of Justice of the European Union To view 2024 rulings, see Practice Note: EU energy cases tracker 2024. General Court of the European Union Case: BNetz A and Germany v ACER ( Joined cases T-600/23 and T-612/23; ECLI: EU: T:2025:927) Judgment: 1 October 2025 Energy – Internal electricity market – Regulation ( EU) 2015/1222 – Regulation ( EU) 2019/943 – Allocation of cross‑zonal capacity between bidding zones and congestion management – Establishment of shared regional methodologies for calculating day‑ahead and intraday capacity – Proposals by transmission system operators in the ‘ Core’...
Cases tracker This tracker showcases notable rulings and opinions from the General Court of the EU and the Court of Justice of the EU issued since 1 January 2023, of particular relevance to energy lawyers... The tracker is divided into: the General Court of the European Union the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Aquind and Others v ACER Case: T-492/21 Judgment: 15 February 2023 Energy – scope of ACER’s competence – the United Kingdom’s withdrawal from the European Union – error of law – Article 2(1) of Regulation ( EU) 2019/943 – Article 92 of the Withdrawal Agreement – ad hoc exemption scheme under Article 308 of, and Annex 28 to, the Trade and Cooperation Agreement The applicants, Aquind Ltd, Aquind Energy Sàrl and Aquind SAS, sought annulment of the decision of ACER’s Board of Appeal dated 4 June...
Background and key objectives Directive ( EU) 2023/1791 of the European Parliament and of the Council, dated 13 September 2023 and concerning energy efficiency (the recast EED), appeared in the Official Journal on 20 September 2023. Member States had to implement most provisions of the recast EED into domestic law by 11 October 2025 so that the amendments could take effect from 12 October 2025, save for certain article‑specific derogations set out in Article 37. The previous Energy Efficiency Directive ( Directive 2012/27/ EU) stands revoked with effect from 12 October 2025. For detail on the regime under the original EED, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The recast EED refreshes the EU’s energy efficiency architecture to align with the ambition of reaching net zero by 2050. It raises the EU‑wide 2030 energy efficiency objective, aiming to curb the need for...
Background and key objectives Directive ( EU) 2023/1791 of the European Parliament and the Council, adopted on 13 September 2023, concerning energy efficiency (the recast EED), appeared in the Official Journal on 20 September 2023. Member States are obliged to transpose most measures of the recast EED into domestic law by 11 October 2025, enabling the changes to apply from 12 October 2025, subject to certain article-specific exceptions set out in Article 37. The earlier Energy Efficiency Directive ( Directive 2012/27/ EU) is repealed with effect from 12 October 2025. For further detail on the position under the original EED, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The recast EED overhauls the EU’s energy efficiency framework to align it with the ambition of reaching net zero by 2050. It raises the EU-wide 2030 energy efficiency objective, aiming to lower the need for...
Background and key objectives Directive ( EU) 2023/1791 of the European Parliament and of the Council, adopted on 13 September 2023, on energy efficiency (the recast EED), was issued in the Official Journal on 20 September 2023. Member States were required to transpose most provisions of the recast EED into national law by 11 October 2025 so that the revisions would apply from 12 October 2025, subject to certain article-specific exceptions set out in Article 37 of the Directive. The previous Energy Efficiency Directive ( Directive 2012/27/ EU) is repealed with effect from 12 October 2025. For further information on the position under the original EED, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The recast EED refreshes the EU’s energy efficiency framework to align with the ambition of reaching net zero by 2050. It raises the EU-wide 2030 energy...
Protection of critical infrastructure and cybersecurity— EU strategy In October 2016, the European Parliament’s Committee on Industry, Research and Energy ( ITRE) issued a Cybersecurity Strategy for the Energy Sector. The paper reviewed prevailing policies and legislation, and considered routes for developing energy‑specific cyber security solutions and protective practices. It found that the continued rollout of smart energy systems, coupled with growing interconnection and interdependence across Member State borders, has produced rapid expansion of networked intelligence throughout energy grids and into consumers’ premises via smart devices. This enlarged attack surface, together with the fact that the energy system is inherently linked to every other critical infrastructure network, renders the sector especially susceptible to cyber attacks. That exposure has only grown since the 2016 strategy was released. On 16 December 2020, the European Commission and the High Representative of the Union for Foreign Affairs and...
This case tracker presents significant rulings and opinions from the General Court of the EU and the Court of Justice of the EU, handed down in 2026, which could be of interest to......
This Practice Note provides an overview of principal EU employment laws, spanning, among other areas, employment and social policy, labour law (including safeguards for particular groups of workers), workplace conditions, anti-discrimination protection, equal treatment and work-life balance and related matters. For a digest of EU employment measures effective from 2025 and proposals, consult Practice Note: EU employment and social policy tracker (mentions of EU laws operative from 2025, together with links to the tracker and related Practice Notes, have been inserted in the sections below as set out)......
This Practice Note explains how EU EMIR applies to funds—covering alternative investment funds ( AIFs) and undertakings for collective investment in transferable securities ( UCITS)—and their fund managers, as well as the updates introduced by Regulation ( EU) 2024/2987 ( EMIR 3)... EU EMIR—key requirements The European Market Infrastructure Regulation ( EU) 648/2012 ( EU EMIR) is the chief EU framework overseeing the over-the-counter ( OTC) derivatives market. Its principal features are: an obligation for certain counterparties to centrally clear specified standardised OTC derivatives via a central counterparty ( CCP) (see Clearing below) a duty to report derivative contracts to a trade repository ( TR) (see What are a fund or fund manager counterparty’s obligations? below) margin requirements for some non-centrally cleared OTC derivatives entered into by particular counterparties (see What are a fund or fund manager...
This Practice Note outlines the principal features of Regulation ( EU) 648/2012 ( EU EMIR)... EU EMIR— Introduction Key requirements of EU EMIR The European Market Infrastructure Regulation ( EU) 648/2012 ( EU EMIR) is the core EU instrument supervising the over-the-counter ( OTC) derivatives market. Its main components are: an obligation to clear standardised OTC derivatives through a central counterparty ( CCP)—see Clearing obligation below an obligation to report derivatives contracts to a trade repository ( TR)—see Trade reporting obligation below margin rules for OTC derivatives that are not centrally cleared—see Margin requirements below additional risk-reduction measures for uncleared trades, including prompt confirmation, portfolio reconciliation, portfolio compression and dispute resolution—see Additional risk mitigation requirements below Practice Note: UK Regulation of CCPs provides fuller detail on the CCP regulatory framework established under EU EMIR... EMIR level 2 and level 3...
What is EU EMIR? In 2009, the G20 committed to reforms to raise transparency and cut systemic counterparty risk in the over-the-counter ( OTC) derivatives market. The European Market Infrastructure Regulation ( EU) No 648/2012 ( EU EMIR) gives effect to most of these commitments within the EU. EU EMIR encompasses: OTC derivatives Central clearing counterparties ( CCPs) Trade repositories ( TRs) EMIR 3 — Regulation ( EU) 2024/2987 of the European Parliament and of the Council of 27 November 2024 amending Regulation ( EU) No 648/2012, Regulation ( EU) No 575/2013 and Regulation ( EU) 2017/1131, concerning measures to mitigate excessive exposures to third-country central counterparties and to improve the efficiency of Union clearing markets — was published in the Official Journal of the EU on 4 December 2024. EMIR 3 enters into force on 24 December 2024 and applies from that date, except for...
This Practice Note reviews the European Long‑ Term Investment Funds ( ELTIF) Regulation ( EU) 2015/760, addressing its legislative context, scope, authorisation conditions, eligible investments, disclosure duties and rules on marketing. The ELTIF Regulation is a dedicated alternative investment fund ( AIF) framework available to EU alternative investment fund managers ( AIFMs) authorised under the Alternative Investment Fund Managers Directive (2011/61/ EU) ( AIFMD). Legislative background to the ELTIF Regulation In June 2013, the European Commission proposed a new fund vehicle—the ELTIF—intended to ease longer term investment for both managers and investors. The ELTIF Regulation ( Regulation ( EU) 2015/760) was published in the Official Journal of the European Union on 19 May 2015 and has applied in Member States since 9 December 2015. On 23 March 2018, Commission Delegated Regulation ( EU) 2018/480 (the ELTIF Delegated Regulation) appeared in the Official Journal. The ELTIF...
Background—the First to Fifth Energy Packages Under Article 194 of the Treaty on the Functioning of the European Union ( TFEU), the Member States have, among other matters, granted the EU powers to ensure the operation of the energy market, protect security of energy supply, advance energy efficiency and saving and the development of novel and renewable energy forms, and support the interconnection of national energy networks. Article 194 further requires the European Parliament and the Council to adopt the measures needed to realise these goals. Accordingly, since the 1990s, a sequence of legislative packages has been enacted to create a shared EU-level rulebook to open national energy markets. These are set out below: First Energy Package — adopted between 1996 and 1998, initiating the first liberalisation of national energy markets Second Energy Package — adopted in 2003, enabling...
This Practice Note introduces the EU legislative framework for the physical assets underpinning electricity generation, transport and use in the EU, together with EU wholesale and retail electricity markets. It tracks the evolution of electricity system regulation from the first liberalisation of European energy markets in the 1990s to the Fifth Energy Package, adopted in 2024 to revise the Electricity Directive ( Directive ( EU) 2019/944) and the Electricity Regulation ( Regulation ( EU) 2019/943) in line with the EU’s decarbonisation goals. It also identifies the key actors in the EU electricity system and outlines their primary roles and obligations, including detail on the cross-border role of the European Agency for the Cooperation of Energy Regulators ( ACER). Structure of the EU electricity system Rules governing the EU electricity system address both: the physical infrastructure for electricity generation, transport and use (the...
Structure of the EU electricity system EU electricity rules govern two core areas: the physical set-up for generating, transmitting and using electricity (the electricity network or grid), and the operation of electricity markets, meaning the flow of money. Under the Electricity Directive, ‘electricity markets’ encompass markets for electricity itself—covering over-the-counter trading and exchanges—as well as markets for energy, capacity, balancing and ancillary services across all timeframes, including forward, day-ahead and intraday periods. The EU electricity market is split into: Wholesale (production) markets, which cover the movement of electricity and related transactions between generators and retailers. Generators, suppliers and certain large industrial consumers take part in wholesale markets, and Retail markets, which provide electricity to final consumers. Directive ( EU) 2019/944 (the...
Structure of the EU electricity system Rules for the EU electricity system govern two areas: the physical infrastructure for electricity generation, transport and use (often termed the electricity network or grid), and electricity markets (ie the flow of money) Electricity moves through the EU network broadly as follows: Generation — the production of electricity using, for example, fossil fuels, solar, wind, nuclear or geothermal sources Transport — the movement of electricity through the network (or grid), typically divided into: Transmission — long-distance transfer on the extra high-voltage and high-voltage interconnected system, aimed at delivery to final customers or distributors Distribution — carrying electricity from transmission networks and distributing it to consumers. Power from smaller renewables, such as solar and wind, is generally fed into...
Structure of the EU electricity system EU rules on electricity govern two core spheres: the physical set-up for generation, movement and consumption of power (often termed the electricity network or grid), and the organisation of electricity markets (i.e. the flow of money). Electricity moves through the EU grid in broad stages: Generation—the creation of electricity using, for instance, fossil fuels, solar, wind, nuclear or geothermal sources Transport—the conveyance of electricity across the network, typically divided into: Transmission—long-distance transfer on the extra high-voltage and high-voltage interconnected system, with delivery to final customers or to distributors in view Distribution—movement from transmission networks and distribution to consumers. Electricity from smaller renewable installations, such as solar and wind, is generally injected into the distribution networks ...
Popular documents
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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