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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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The Case for Change The First REMA Consultation articulated why reform is needed and flagged the principal hurdles the future power system will face as it moves towards a renewables‑led mix. Those hurdles comprise: securing higher levels of investment, boosting system flexibility, sending clearer locational signals, preserving operability, and controlling price volatility. DESNZ determined that current market arrangements cannot realise its aims for a cost‑effective, decarbonised and secure electricity system by 2035, nor adequately deliver the government’s 2050 net zero ambitions. Following the First REMA Consultation, DESNZ produced an Options Assessment, setting out the REMA policy development pathway used to shortlist policy choices. At present, the options prioritise maintaining a unified wholesale market, catalysing additional investment in renewable generation, improving the capacity market framework, and bringing in zonal pricing. DESNZ’s challenge‑led method seeks to substantially narrow the remaining reform choices for...
In this issue: Electricity and gas market regulation and licensing International energy Daily and weekly news alerts Dates for your diary Trackers New and updated content Electricity and gas market regulation and licensing DESNZ extends EBDS supplier adjustment window to May 2024 The Department for Energy Security and Net Zero ( DESNZ) has revised its Energy Bills Discount Scheme ( EBDS) guidance for licensed suppliers, scheme administrators and non-domestic customers to reflect the Energy Bills Discount Scheme ( Amendment) Rules 2024 for Great Britain and Northern Ireland. The update alters the supplier adjustment timetable, shifting the previously published April 2024 claim point to May 2024. The guidance has been amended accordingly. See LNB News 20/03/2024 89. DESNZ launches consultation to change date of Clean Heat Market Mechanism scheme DESNZ has opened a consultation to move the Clean Heat Market Mechanism ( CHMM) scheme start date to 1...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Planning issues in energy projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ opens second consultation on REMA to ensure it is fit for purpose The Department for Energy Security and Net Zero ( DESNZ) has launched a second consultation on the review of electricity market arrangements ( REMA). It forms part of the government’s pledge to conduct a comprehensive appraisal of electricity market design, ensuring it can uphold energy security and keep costs affordable for consumers as the power system decarbonises. Well-designed markets will be central to delivering an efficient energy mix through the shift to a...
Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities and others [2024] EWHC 452 ( Admin) What did the court decide? This legal challenge by M& S concerned the Secretary of State’s refusal of permission to demolish its Oxford Street flagship and replace it with a new nine storey mixed office and retail scheme. M& S succeeded on five of the six grounds. The High Court found the decision unlawful because the Secretary of State misread the NPPF, treating it as if it imposed a strong presumption for re‑using the existing building when no such presumption exists. He also failed to give adequate reasons for departing from the inspector’s conclusions. The judgment also confirms that offsetting requirements in the London Plan relate to operational carbon, not embodied carbon. This case offers increased clarity for the planning system for...
The UK Minister of State for Energy Security and Net Zero, Graham Stuart, justified the move by saying the ECT is outdated and urgently needs reform; discussions have stalled and a sensible update now seems improbable. Remaining a party would not aid the transition to cleaner, cheaper energy, and could even penalise the UK for its world‑leading drive to achieve net zero. Background to the ECT The ECT is a multilateral treaty concluded in 1994 and entering into force in 1998. It counts 50 states as signatories, including the European Union and its Member States. The treaty was designed primarily to facilitate investment by Western European economies into energy production in Eastern Europe after the dissolution of the Union of Soviet Socialist Republics ( USSR). More specifically, one aim was to guarantee Western Europe a dependable energy supply—mainly...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Air emissions, efficiency, and climate change International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials Spring Budget 2024— Key Energy and Environment Announcements During the Spring Budget 2024 on 6 March 2024, the Chancellor of the Exchequer, the Rt Hon Jeremy Hunt MP, set out extra investment for the Green Industries Growth Accelerator, alongside support for automotive and aerospace innovation. He also confirmed plans to prolong the Energy Profits Levy, introduced oversight of Environmental, Social and Governance ( ESG) ratings providers, and outlined parameters for Contracts for Difference Allocation Round 6. Further remarks covered the Carbon Border Adjustment Mechanism, the government’s ambitions for civil nuclear, and streamlining of planning and grid connection arrangements. Commentary on these measures is provided by Andrew Todd, partner at...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Planning issues in energy projects Air emissions, efficiency, and climate change International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials DESNZ publishes draft Strategy and Policy Statement for energy policy The Department for Energy Security and Net Zero ( DESNZ) has issued a synopsis of feedback to its May 2023 consultation on a draft Strategy and Policy Statement for energy policy in Great Britain. See: LNB News 22/02/2024 108... Electricity and gas market regulation and licensing Ofgem amends energy price cap between 1 April to 30 June 2024 Ofgem has stated that from 1 April to 30 June 2024 the annual energy cost for a typical...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Oil and gas Nuclear energy International energy Lex Talk®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 consults on proposals for outturn performance metrics in RIIO- ED2 Ofgem is inviting feedback on the evaluation measures proposed for the new Distribution System Operation ( DSO) incentive within the RIIO- ED2 price control for electricity distribution network operators. Its RIIO- ED2 Final Determinations outlined three elements: a stakeholder survey, a performance panel assessment, and three outturn performance metrics. The current consultation targets the outturn metric proposals. Electricity Distribution Network Operators and their stakeholders are encouraged to respond, as are other...
In this issue: Electricity and gas market regulation and licensing Lex Talk®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 launches consultation on So LR Levy Offset Ofgem has opened a consultation on a proposed Supplier of Last Resort ( So LR) Levy Offset intended to cut costs for consumers when an energy supplier exits the market. The So LR safety net keeps customers supplied if a supplier fails, and the suggested levy would recoup part of the expenditure linked to this arrangement. Ofgem is inviting input from consumer organisations and charities, energy suppliers, electricity and gas distribution networks, and professionals working in insolvency. This consultation closes on 5 April 2024. See: LNB News 09/02/2024 74. Ofgem opens consultation on amendments to the...
In this issue: Electricity and gas market regulation and licensing Planning issues in energy projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem revises Annex F— Interruptions of RIGS for RIIO- ED2 Ofgem has resolved to amend Annex F— Interruptions within the Regulatory Instructions and Guidance ( RIGS) for RIIO- ED2. The revisions remove references to ‘storm category 3’ in selected paragraphs, set out how the revised payment figures are to be applied, and supply worked examples showing how the new time bands should operate during outages in practice, and how payments are to be applied under the inflation adjustment mechanism as appropriate. These changes come into force on 1 March 2024. See: LNB News 02/02/2024 2. DESNZ updates Energy Bills Discount Scheme...
R (on the application of Fiske) v Test Valley Borough Council [2023] EWCA Civ 1495 What are the practical implications of this case? Overlapping planning permissions made the news after the Supreme Court’s decision in Hillside Parks [2022] UKSC 30, [2022] 1 WLR 5077 in late 2022, which prompted the sector across the industry as a whole to reassess how overlapping consents can continue to be implemented lawfully in practice. This Court of Appeal ruling addresses the stage before implementation, at issue: namely, whether an LPA may lawfully issue a permission that conflicts with an existing consent. It concludes that the answer is yes, with the court stressing that responsibility lies with the developer to assess any inconsistencies between consents and to decide how best to resolve them so as to avoid a breach of planning control. That message underscores the need to think...
Bramley Solar Farm Residents Group v Secretary of State for Levelling up Housing and Communities and others [2023] EWHC 2842 ( Admin) What are the practical implications of this case? The judgment offers a timely reminder of the core factors inspectors should weigh when an amended scheme is advanced on appeal. It confirms that inspectors enjoy discretion over whether to entertain a revised proposal at inquiry, and demonstrates that claimants face a steep hurdle to prove an inspector acted irrationally in addressing a revision. The case prompted updated government guidance on planning appeals in England, clarifying what matters are relevant when a scheme is altered after an appeal has been lodged. That guidance now expressly cites Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 ( Admin). That judgment sharpened the ‘ Wheatcroft principles’ derived from Bernard...
On 12 January 2024, the United Kingdom formally put its name to the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention). This News Analysis examines what the Hague Judgments Convention sets out, and why the UK’s decision to join it is especially significant for Banking & Finance practitioners in particular. What is the Hague Judgments Convention? The Hague Judgments Convention establishes a shared framework of rules for recognising and enforcing civil and commercial court decisions originating from States that become parties to it (the Contracting States). The EU and Ukraine are, at present, Contracting States to the Hague Judgments Convention; however, a range of other states have signed, among them the US and, now, the UK. The Tracker— Hague Judgments Convention offers details on whether a jurisdiction has signed the...
In this issue: Electricity and gas market regulation and licensing Conventional power, waste to energy, biomass, and CHP projects Air emissions, efficiency, and climate change Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Electricity Code Modifications Comprehensive information on every live change 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) is now centrally collated on National Grid ESO’s Modification Tracker. The tracker clearly explains each proposal’s objective, who is impacted, includes Panel views on prioritisation, and indicates its current position within the review timetable at any given time. For more information, see: Codes. Conventional power, waste to energy, biomass, and CHP projects DESNZ opens consultation on transitional support arrangements for move to power BECCS DESNZ has launched a...
Friends of the Earth Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 3255 ( KB) What are the practical implications of this case? This case supplies a concise restatement of the principles governing requests for specific disclosure in judicial review proceedings that challenge planning permission granted by the So S, with particular emphasis on applications concerning Ministerial Submissions. It confirms the approach in earlier authorities and decisions: disclosure will be directed only where doing so would genuinely and materially aid the court in performing the task before it. The judge observed that there has been only one decided statutory planning matter in which disclosure of a Ministerial Submission was ordered— Ball v Secretary of State for Communities and Local Government [2012] EWHC 3590 ( Admin). In that instance, a claim of actual or apparent bias was...
In this issue: Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Nuclear energy International energy Lex Talk®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 DESNZ updates the EBDS guidance on blend and extend contracts and adds parameters for QHS The Department for Energy Security and Net Zero ( DESNZ) has refreshed its Energy Bills Discount Scheme ( EBDS) guidance for licensed energy suppliers. The part covering how to work out the discount for customers on ‘ Blend and Extend’ contracts now features worked examples that illustrate, in practice, how the reduction should be applied. ‘ Blend and Extend’ means moving an existing customer onto a new deal with...
HMRC v Dolphin Drilling Ltd [2024] EWCA Civ 1 The taxpayer arranged a lease of the vessel Borgsten from a related entity to fulfil a contract with Total, the operator of the Dunbar oil installation. Under that agreement, the Borgsten was deployed to support operations on the Dunbar platform while the taxpayer’s own crew worked aboard the vessel alongside Total’s personnel... Provision of water, compressed air and various chemicals to the platform Warehousing, heliport facilities and storage services On-board accommodation for approximately 50 members of Total’s workforce engaged on Dunbar HMRC took the stance that the hire cap in section 356N of the Corporation Tax Act 2010 ( CTA 2010) was engaged. The taxpayer, however, maintained that the carve-out in CTA 2010, s 356LA(3) applied, on the basis that it was reasonable to assume the Borgsten’s accommodation function for Total’s staff was ‘unlikely to be more than...
Ambassadors from EU Member States have endorsed the Council of the EU’s partial mandate for negotiations on the proposed Strategic Technologies for Europe Platform ( STEP). STEP aims to bolster investment in critical technologies across digital and deep tech, clean tech and biotech, reduce the EU’s strategic dependencies and strengthen the EU’s long-term competitiveness......
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Nuclear energy Air emissions, efficiency, and climate change International energy Lex Talk®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 The Department for Business and Trade has prolonged its consultation on plans to enhance economic regulation across the water, energy and fixed telecoms sectors overseen by Ofwat, Ofgem and Ofcom. Submissions are now accepted until 11.59 pm on 28 January 2024. See: LNB News 10/01/2024 11. Electricity Code Modifications Information on all live changes to the Connection and Use of System Code ( CUSC), the Grid Code ( GD), the System Owner -...
Recent context Across the globe, 2023 proved a perfect storm for offshore wind. Between permitting delays and grid connection hurdles, together with inflation and supply chain pressures, a number of developers have looked to renegotiate their previously agreed offtake arrangements, or else to end their commitments under those off-take contracts by paying fines. In other parts of the globe, we saw an uncapped negative bidding auction in Germany’s 7- GW wind round, and in the UK we saw no offshore wind projects being awarded Contracts for Differences ( Cf Ds) in Round 5. So, what lies ahead for the rest of 2024? Key offshore wind sector themes in 2024 The following five key themes are likely to develop during the course of 2024: Bigger wind turbine generators ( WTGs) Cost pressures have played havoc with renewable project economics worldwide. In today's fast-growing offshore wind market, not only in Europe but also...
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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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