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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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Waste Electrical and Electronic Equipment Regulations 2013 ( SI 2013/3113), as amended, implement Directive 2012/19/ EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 ( SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme ( PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility ( AATF) or an Approved Exporter ( AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 In England and Wales, waste electrical and electronic equipment ( WEEE) is controlled under the Waste Electrical and Electronic Equipment Regulations 2013 (as amended), SI 2013/3113. Rooted in the principle of producer responsibility, the framework places duties on producers to address the environmental impacts of their products, with a particular focus on end‑of‑life when items become waste. The Environment Act 2021 created powers to deliver extended producer responsibility, making producers financially accountable for the full lifecycle costs of collecting, managing and recycling their waste. Modulated fees are used to drive product designs that are more readily recyclable. EPR for packaging waste is already in place across England and Wales, while EPR for WEEE is currently being introduced. The Waste Electrical and Electronic Equipment ( Amendment, etc) Regulations 2025 have brought in...
The Weeds Act 1959 ( WA 1959) governs injurious weeds. It has effect in England, Wales and Scotland (as amended) but not in Northern Ireland. This Practice Note relates only to England and Wales. What are injurious weeds? Injurious weeds are those specified in the WA 1959: Common ragwort ( Senecio jacobaea) Broad-leaved dock ( Rumex obtusifolius) Curled dock ( Rumex crispus) Creeping or field thistle ( Cirsium arvense) Spear thistle ( Cirsium vulgare) Each is native or long-naturalised and occurs widely across the UK. The minister may, via regulations, designate additional injurious weeds within the scope of the WA 1959. Defra provides guidance on identifying the injurious weeds listed in the WA 1959. The WA 1959 regime is distinct from the framework controlling invasive non-native species. Those weeds are native or well-established and are controlled purely to prevent agricultural harm. By contrast, invasive...
This Practice Note explores the key legal and commercial considerations when bringing in a third party to create a new website. Websites range from straightforward plain‑text HTML pages to sophisticated internet applications, social networking services and business platforms. Modern users expect sites to be advanced, interactive, functional and responsive—requirements that designers and developers must embed in both planning and build phases. Agencies typically provide teams of developers and designers to manage projects end to end. However, it is also common for these specialists to work independently on a freelance basis—either outsourced by agencies or contracted directly by customers. Consequently, a customer may not deal with one agency but with several developers/designers separately at different stages of a development project. In all cases, it is vital to appreciate the role and purpose of each specialist discipline throughout the development process, including the nature of the work each...
This Practice Note sets out the regulatory obligations for websites that apply specifically to the legal profession, notably firms supervised by the SRA. It also summarises essential privacy considerations under the UK General Data Protection Regulation ( UK GDPR). For broader website regulatory obligations, see Practice Note: Websites—compliance requirements, which offers guidance on the principal legal and compliance issues a website operator should assess, including: the site’s nature and functions mandatory disclosure information consumer protection privacy and data protection cookies accessibility cybersecurity platform-to-business online payments advertising, promotions and direct marketing competition law taxation responsibility for third-party content online safety and suitability intellectual property and copyright compliance geographical and territorial factors SRA requirements The principal obligations are contained in the SRA Transparency Rules. Pricing...
Scope of this Practice Note This Practice Note sets out the core ideas behind Web 3.0, digital assets and cryptoassets. Regulators, tax authorities and commentators use a variety of labels—cryptoassets, digital currencies, virtual currencies, cryptocurrencies, and crypto/digital tokens—and it is often uncertain whether these are used as interchangeable terms or with distinct meanings. For the purposes of this Practice Note, ‘cryptoasset’ is adopted as a broad term covering cryptocurrencies, virtual currencies, virtual assets and digital tokens. As outlined in the section What are digital assets and cryptoassets? below, although all cryptocurrencies are cryptoassets and all cryptoassets are digital assets, some digital assets are not cryptoassets, and some cryptoassets are not cryptocurrencies. This Practice Note primarily concentrates on ‘cryptoassets’ rather than the wider category of ‘digital assets’, because targeted regulatory measures in the digital arena have, so far, largely focused on...
What does this Practice Note cover? This Practice Note sets out what weather derivatives are, their aims and uses, and the regulatory framework that applies to them. For guidance on sustainability and environmental, social and governance ( ESG) derivatives more generally, see Practice Note: ESG derivatives. It also covers typical purposes, applications, and the rules shaping use too. What are weather derivatives? The weather risk market exists to help participants manage the negative financial effects of weather via risk transfer contracts linked to meteorological variables (chiefly temperature, rain, snow, wind and sunshine). Approaches to weather-driven financial exposure usually fall into two main categories: catastrophe insurance or weather derivatives. Catastrophe insurance suits infrequent risks with potentially large consequences, such as extreme drought or flooding, whereas weather derivatives are better aligned to high frequency/low impact situations, for example an unseasonably cool August or a...
This Practice Note offers an overview of water, flooding and drainage law, aimed at trainee solicitors and other newcomers to the field. An introduction to water, flooding and drainage law In England and Wales, this field is a complex blend of statute, common law and regulatory policy covering environmental protection, public health, land drainage and flood risk. Its growth has been driven by increasing regulation of the water industry, modern flood‑risk management duties and progressively tighter pollution controls. Water companies, developers and regulators must co‑ordinate water resources so that supply, environmental safeguards, pollution prevention and climate‑driven flood risk are balanced within an ever more unified regulatory framework. Key legislation includes: Water Industry Act 1991 ( WIA 1991) Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016) Environment Act 2021 ( EA 2021) Flood and Water...
Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘ Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 ( WRA 1991) ‘ Surface water’ Inland waters (all standing or flowing surface water,...
Water Framework Directive Directive 2000/60/ EC of the European Parliament and of the Council (23 October 2000), known as the Water Framework Directive 2000 ( WFD 2000), created an EU-wide framework for action on water policy, setting a strategic approach to protect and enhance the water environment. It took legal effect in December 2000. The WFD 2000 requires all Member States to manage waters to consistent standards. Each Member State must: delineate and designate river basin districts for integrated management ensure that river basin management plans ( RBMP) are updated every six years prevent deterioration in the status of aquatic ecosystems, safeguard them and improve the ecological condition of waters strive to reach at least good status for all water bodies by 2015 encourage sustainable use of water as a natural resource protect habitats and species reliant on water ...
The regulatory regime In the UK, the release of liquids — including wastewater and effluent — into watercourses is chiefly controlled by environmental permitting and authorisation regimes across England, Northern Ireland, Scotland and Wales, though certain situations may fall outside their scope. For England and Wales, the principal rules on permitting and compliance are contained in the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. Taking effect on 1 January 2017, EPR 2016 brought together all amendments to the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. The EPR 2010 had superseded the Water Resources Act 1991 ( WRA 1991) provisions on discharge consents and water pollution offences. ( EPR 2010 was revoked in May 2024 as part of the Brexit reforms). EPR 2016 spans a range of activities and sectors. In Northern...
Summary of the Water Act 2014 The Water Act 2014 ( WA 2014) aimed to overhaul the water sector, encouraging innovation, improving responsiveness to customers, and boosting resilience to natural hazards such as droughts and floods. It introduced Flood Re, an industry‑led flood reinsurance scheme that limits premiums for households facing high flood risk. WA 2014 amends the Water Industry Act 1991 ( WIA 1991) and also updates other legislation, including the Water Resources Act 1991 ( WRA 1991). The Act comprises six parts, totalling 95 sections and 12 schedules, arranged as follows: Part 1— Water industry, with 4 chapters Part 2— Water resources Part 3— Environmental regulation Part 4— Flood insurance Part 5— Miscellaneous Part 6— General and final Part 1—water industry Chapter 1—water supply licences and sewerage licences (sections 1–7 and schedules 1–5) This chapter amends the WIA 1991 by widening the water supply licensing regime, introducing new sewerage...
Waste indicators guidance The EA has issued guidance ‘ Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency. Positive waste indicators Production residues ‘ Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products. In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/ EEC (as amended), and were heard by the same court on the same day. Each matter...
Meaning of recovery The term ‘recovery’ is set out in paragraph 2 of Part 1 of Schedule 9 to the Environmental Permitting ( England and Wales) Regulations 2016 ( SI 2016/1154). It carries the same meaning as in the Waste Framework Directive 2008/98/ EC, as amended by Directive ( EU) 2018/851, and associated terms are to be interpreted accordingly. In the WFD, ‘recovery’ means any operation where the main outcome is that waste delivers a useful purpose by: replacing other materials that would otherwise be used to fulfil a particular function within a plant or in the wider economy, or being prepared to fulfil a particular function within a plant or in the wider economy Annex II to the WFD provides a non-exhaustive list of recovery operations. Recovery is a central element of waste management under the WFD and, together with disposal activities, constitutes waste treatment as...
National policy 25- Year Environment Plan —the 25- Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 ( EIP 2023) for England was the first statutory update to the 25- Year Environment Plan under the Environment Act 2021 ( EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 ( EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see...
Environmental Permitting Regime—waste incineration Waste incineration is overseen within the UK environmental permitting framework, chiefly through the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, Sch 20. EPR 2016, SI 2016/1154 came into effect on 1 January 2017, consolidating and revoking the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. EPR 2016, SI 2016/1154 is the principal set of rules for permitting and compliance in England and Wales, applying across numerous industries and activities. What is waste incineration? The term is often used interchangeably with ‘energy from waste’ ( Ef W) or ‘waste to energy’ to describe the thermal treatment of waste to produce electricity and heat. This Practice Note also covers regulation of smaller-scale waste burning for disposal, such as bonfires. Energy recovery from waste can be achieved via various...
What is the ‘waste hierarchy’? Under the Waste ( England and Wales) Regulations 2011, SI 2011/988, reg 12, any establishment or undertaking that imports, produces, collects, transports, recovers or disposes of waste—or that, as a dealer or broker, has control of waste—must, at the point of transfer, take all measures reasonably available in the circumstances to apply the following hierarchy in order of priority: prevention preparing for re-use recycling other recovery (eg energy recovery) disposal The Waste ( England and Wales) Regulations 2011 transposed the requirements of the Waste Framework Directive 2008/98/ EC ( WFD) into domestic law......
Relevant legislation In England and Wales, the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, set the applicable legal framework. These provisions initially transposed the EU Waste Framework Directive 2008/98/ EC—see Practice Note: EU Waste Framework Directive—snapshot. Government guidance explains how to register or renew waste exemptions and how to choose the appropriate exemption for a waste management activity. What are waste exemptions? A waste exemption is a waste operation that does not need an environmental permit, as long as the particular limits and conditions of that exemption are satisfied. Under EPR 2016, no person may operate a ‘regulated facility’ except in accordance with an environmental permit. A regulated facility covers ‘installations’ and ‘waste operations’, but excludes an ‘exempt facility’. For clarification of the terms ‘regulated facility’, ‘installation’ and ‘waste operation’, see Practice Note: Environmental Permitting Regulations 2016—waste...
Introduction Waste is defined as ‘any substance or object which the holder discards or intends or is required to discard’. Assessing whether something amounts to waste is complex and usually calls for a case-by-case evaluation of whether the holder has discarded an item, intends to do so, or is obliged to discard it. The term ‘discard’ must be construed in light of legislative provisions addressing the harmful effects of waste and the protection of the environment and human health. Nonetheless, some materials lie outside the scope of waste. This Practice Note describes the provisions dealing with matters excluded from the statutory definition of waste. See also the following Practice Notes: Meaning of waste—what is waste? Meaning of waste—definition of waste Waste projects—overview Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste...
The Waste Electrical and Electronic Equipment Regulations 2013 Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113, as amended, revoked and superseded the Waste Electrical and Electronic Equipment Regulations 2006 ( WEEE 2006), SI 2006/3289. They initially gave effect in full to the obligations in Directive 2012/19/ EU, the recast WEEE Directive. WEEE 2013, SI 2013/3113, is, in essence, founded on the concept of extended producer responsibility, which obliges producers to bear responsibility for the environmental consequences of their products, particularly at the end of their life when they become waste. Comparable producer responsibility frameworks apply under the Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640) and the End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635). For more detail on producer responsibility, see Practice Note: Packaging waste—extended producer responsibility regime. For an overview of the WEEE...
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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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