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In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...
In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental information Environmental permits and consents ESG and sustainability Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ publishes independent review on greenhouse gas removals The Department for Energy Security and Net Zero (DESNZ) has released the Independent Review of Greenhouse Gas Removals (GGRs), led by Dr Alan Whitehead CBE, evaluating how removal technologies could support the UK in meeting its 2050 net-zero ambition. See: LNB News 23/10/2025 6. UK ETS Authority launches consultation on aviation free allocation end and regional connectivity The UK Emissions Trading Scheme (UK ETS) Authority is currently consulting on the potential implications of ending aviation free allocation in 2026 for regional connectivity. It considers whether further action is...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Energy disputes Air emissions, efficiency, and climate change International energy Daily and weekly news alerts Dates for your diary Trackers Key developments and materials Built environment industry responses to the King’s Speech 2024 Following the King’s Speech on 17 July 2024, a range of built environment industry bodies issued their reactions. Selected extracts are highlighted below. See: LNB News 18/07/2024 48... Electricity and gas market regulation and licensing Ofgem publishes RIIO-3 business plan guidance and decision on sector-specific methodologies Ofgem has set out the methodologies it will apply to the electricity and gas transmission, and gas distribution sectors for the RIIO-3 price control, covering 1 April 2026 to 31 March 2031. It also outlines Ofgem’s decisions on particular matters for which it invited feedback in its...
The National Security and Investment Act 2021 (NSI Act) The National Security and Investment Act 2021 (NSI Act) took full effect on 4 January 2022. It empowers the UK government to scrutinise and intervene in a broad range of acquisitions involving certain business entities and assets, described as ‘qualifying entities’ and ‘qualifying assets’, across 17 defined sensitive areas, with the overarching aim of preventing deals that could threaten the UK’s national security. Acquisitions of qualifying entities carry mandatory notification obligations and must be cleared by the government before completion. In addition, the government may ‘call in’ any transaction concerning a qualifying entity or qualifying asset for an in-depth assessment where a national security concern is identified, irrespective of whether a mandatory filing applies. Following review, the government can impose conditions on a deal, or unwind or block it altogether. Breaches of the rules may result in civil penalties up to the higher of 5% of the business’s global turnover or £10m, as well as potential criminal sanctions. The NSI...
The energy industry comprises a range of sub-sectors including coal, oil, gas, renewable energy, hydroelectric, tidal and nuclear This Practice Note provides a high-level overview of energy projects, with a principal emphasis on renewable initiatives such as wind farms, biomass and solar schemes. The government has pledged—and is legally bound by the Climate Change Act 2008 as amended by the Climate Change Act 2008 (2050 Target Amendment Order) 2019, SI 2019/1056—to reduce carbon emissions by at least 100% from 1990 levels, achieving net zero by 2050, and intends to meet this by expanding the generation and use of energy from renewable sources. Wales and Scotland also have national legislation setting their respective targets. For further information, see Practice Note: Climate change—emissions targets, carbon budgets and net zero. The Office for Renewable Energy Deployment (ORED) is responsible for delivery of these goals, working in close partnership with stakeholders and developers to accelerate deployment, particularly through improvements in financing and the accessibility of project delivery...
UK onshore wind extension of life and repowering projects Across the UK, onshore windfarms are generally planned and approved to run for around 20–25 years. As much of the installed fleet nears that age through the late 2020s and into the 2030s, attention is shifting from constructing new sites to squeezing more value from existing ones. Owners and developers are therefore increasingly considering either prolonging the operation of current turbines or replacing them with new machines — routes commonly labelled ‘extension of life’ and ‘repowering’ respectively. This Practice Note outlines what these options involve and the rationale for investing in them, and highlights principal considerations for onshore windfarm owners and developers and, for repowering in particular, project finance lenders, including: Corporate structure and ownership Licensing Revenue strategy Grid connection EPC O&M Planning and permitting Property rights Project finance considerations It also assesses whether such projects may qualify for revenue support under a UK government subsidy....