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In this issue Electricity and gas market regulation and licensing Renewable energy Nuclear energy Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem has confirmed changes to the Regulatory Financial Performance Reporting (RFPR) template and guidance for RIIO‑2, intended to sharpen and clarify what network licensees must report. The revisions apply from 28 June 2024 and follow Ofgem’s earlier notice proposing amendments to the RFPR template and guidance for RIIO‑2. See: LNB News 01/07/2024 9. Electricity Code Modifications: National Grid ESO’s Modification Tracker now brings together all live changes to the Connection and Use of System Code (CUSC), the Grid Code (GD), the System Owner -Transmission Owner Code (STC) and the Security and Quality Supply Standard (SQSS). The tracker outlines each proposal’s purpose, the stakeholders impacted, Panel views...
Wesson (Chair of Friends of Mill Road Bridge) v Cambridgeshire County Council [2024] EWHC 1068 (Admin) What are the practical implications of this case? Two practical themes arise. The first concerns procedure for challenges under RTRA 1984, Sch 9, para 35, where the court delivered two generally applicable points. On summary judgment, the discussion at paras [7]–[11] culminates in a caution at paras [10]–[11]: in many instances the correct course is to proceed straight to a substantive hearing. It is a clear indication that using a summary judgment application in para [35] matters as a surrogate for a judicial review permission stage is inappropriate. The second point reiterates that an Order impugned under para [35] will only be quashed if, in accordance with RTRA 1984, Sch 9, para 36, the applicant has suffered substantial prejudice (see paras [126]–[127]). On that basis, the claimant’s first ground was struck out because no substantial prejudice was shown—a reminder of the hurdle that prospective challengers must meet...
In this issue: Disputes and remedies Neighbour and party wall disputes Enforcing security and property insolvency Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Disputes and remedies Supreme Court confirms no tortious damages recoverable where the ‘but for’ causation test is unmet in relation to Japanese knotweed (Davies v Bridgend County Borough Council) In Davies v Bridgend County Borough Council [2024] All ER (D) 32 (May) [2024] UKSC 15, the Supreme Court unanimously allowed the appeal, holding that, applying the ‘but for’ test, compensation is not payable where the drop in value of the claimant’s land was not brought about by the defendant’s tortious acts, and therefore no award of damages is appropriate in such circumstances. The ruling matters particularly for claims where Japanese knotweed encroachment commenced before the duty to treat Japanese knotweed...
STOP PRESS: The Supreme Court decided in R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 that responsibility for section 117 Mental Health Act 1983 aftercare rests with the authority for the area in which the individual was ordinarily resident prior to the admission. This still holds even where accommodation had been arranged by another local authority under an earlier section 117 obligation. For commentary, see News Analysis: Ordinary Residence and Mental Health Aftercare Services (R (Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment (R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local authority is also under a duty to assess whether an adult has needs for care and support where it appears to the authority that they may have such needs...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...
ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...
This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...
Claim No. [ enter claim number ]. [ BEFORE THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ enter location ] ] ] [ State division ] [ Name specialist court ] [ Enter location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ enter location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] In relation to Council Regulation (EC) No...
AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [ and [ insert other legislation ] ] in relation to the development at [ insert address ] This Agreement is dated [ insert date ] Parties [ insert name ], of [ insert address ] (the Council) [ insert name ], of [ insert address ] (the County Council) [ insert name ], of [ insert address ] (the Owner) [ Additional parties as necessary e.g. landlord, mortgagee, option holder etc. ] ([ insert additional parties as necessary e.g. landlord, mortgagee, option holder etc ]) Background The Council serves as the local planning authority for the purposes of sections 106 and 106A of the 1990 Act for the area where the Land is located and is empowered to enforce the obligations contained in the Original Agreement. The County Council is the local highway authority for the area in which...