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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Key developments and materials In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy International energy Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts News Analysis: Key energy law developments—end of year review 2025 and horizon scanning in 2026 After another eventful period, the Lexis Nexis® Energy team reflects on standout energy law shifts across 2025 and horizon‑scans to flag what to monitor through 2026. The round‑up spans overarching energy policy, grid connections reform, low‑carbon hydrogen, CCUS, greenhouse gas removals, REMA, long‑duration electricity storage ( LDES), the Cf D regime, the Capacity Market, Great British Energy, nuclear energy, oil and gas, and planning trends across the energy sector. For full...
In this issue Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Energy disputes Air emissions, efficiency, and climate change International energy New and updated content Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials News Analysis: Key energy law developments—end of year review 2025 and horizon scanning in 2026 Following another eventful year, the Lexis Nexis® Energy team recaps major shifts in energy law across 2025 and looks ahead to what 2026 may bring. The overview encompasses: overarching energy policy; reforms to grid connections; hydrogen; carbon capture, usage and storage ( CCUS); greenhouse gas removals ( GGR); the Review of Electricity Market...
RMK Maritime ( Europe) Ltd and another company v CMB. Tech NV (formerly known as Euronav NV) [2025] EWHC 2739 ( Comm) What are the practical implications of this case? The judgment has notable consequences for commercial lawyers advising on professional services contracts, M& A advisory mandates, and restitutionary claims. Prevalence of contract over restitution The court confirmed that unjust enrichment is a fallback doctrine, ordinarily inapplicable where a binding contract regulates the parties’ dealings. Even where certain services might be said to sit beyond the precise contractual remit, a restitutionary claim will fail if it would cut across the contractually agreed allocation of risk and remuneration. Legal force of NOM clauses and variation provisions The advisory agreement required any change to scope to be recorded in writing and signed by authorised representatives. The court regarded this as compelling evidence that informal...
For a comparable summary and forward look produced last year, consult News Analysis: Key energy law developments—end of year review 2024 and what to expect in 2025. We host a portfolio of energy law trackers monitoring significant legal and policy shifts, both sector-wide and within discrete subject areas (many of which are cited in this News Analysis). For fuller information on these tools, see: Energy law trackers—overview. Additional updates and commentary are delivered through our current awareness alerts and highlights. Select ‘ Create Alert’ within your ‘ Alerts’ tab on Lexis+® and adjust your personal preferences to subscribe. Authored by Ben Pearson and Ruth Jaun, PSL Energy. Overarching energy policy What were the key developments in 2025? Since July 2024, one of the UK government’s primary missions has been to establish the UK as a clean energy superpower. Against that backdrop, and as the UK moves...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change International energy New and updated content Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Ofgem consults on technical sandbox for testing AI in energy sector Ofgem is consulting on a proposed 12‑month pilot for an AI Technical Sandbox, creating a secure, supervised regulatory space where energy market participants can develop, trial and assess artificial intelligence ( AI) solutions ahead of live roll‑out. The initiative is designed to nurture responsible innovation, protect consumers, uphold market integrity and energy security, and support progress towards net zero, while prioritising...
Abraaj Investment Management Ltd (in liquidation) and other companies v Kes Power Ltd and others [2026] EWHC 65 ( Comm) What are the practical implications of this case? The recent High Court judgment in Abraaj Investment Management v Kes Power closely analyses assignment principles within secured lending. In particular, the court considers when estoppel can aid a lender confronted with defective or uncertain security. The ruling also explores several adjacent issues: the potential for assignments to be implied, whether ‘no assignment’ clauses are tempered by a reasonableness qualification, and matters of consideration in acknowledgements of notice. While estoppel provided the lender with a solution on the facts, the decision emphatically reinforces a fundamental point: only the entity to which the debt is actually owed should be the assignor. The realities of group operations can obscure the true creditor, meaning it is not always obvious which...
Introduction PIA 2025 unveils pivotal adjustments for the energy industry, intended to accelerate the delivery of Nationally Significant Infrastructure Projects ( NSIPs) across England and Wales. The package seeks to clear barriers that have for years stalled economic expansion and delayed the roll‑out of clean power. At its heart sits a commitment to fast‑track 150 major planning determinations within the life of the current Parliament. For the energy sector specifically, PIA 2025 reshapes the NSIP framework, requires routine revisions to National Policy Statements ( NPSs), empowers Ofgem and ministers to hasten grid connection changes, and offers backing for long‑duration electricity storage ( LDES) and renewable deployment. Developers should see gains from simpler, more streamlined pre‑application processes, improved land‑access powers, and tighter, more targeted examinations, whilst funders are expected to benefit from increased certainty through Ofgem’s strengthened duties. Despite these advances, further change may still be...
In this issue: Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Property and construction issues in the energy sector Air emissions, efficiency, and climate change New and updated content Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing DESNZ updates guidance on electricity licence exemptions DESNZ has released refreshed guidance on exemptions from electricity generation, distribution and supply licences, with its FAQs updated to mirror current policy and statutory obligations. The January 2026 revision also expands advice on ‘ Class A: Supply Exemptions’, clarifying how the small supplier exemption functions where generators provide their own output. See: LNB News 21/01/2026 46. Energy Bill Relief Scheme and Energy Bills Discount Scheme (...
Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions...
In this issue: Electricity and gas market regulation and licensing Renewable energy Power purchase and energy trading Conventional power, waste to energy, biomass, and CHP projects Hydrogen, CCUS and emerging technologies Planning issues in energy projects International energy New and updated content Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing Electricity Code Modifications All current and active changes to the Connection and Use of System Code ( CUSC), the Grid Code ( GC), the System Owner— Transmission Owner Code ( STC) and the Security and Quality Supply Standard ( SQSS) are now comprehensively gathered and presented on NESO’s Modification Tracker. It outlines each modification’s underlying purpose, the stakeholders affected, provides Panel remarks on prioritisation, and indicates precisely its position within the review...
In this issue: Key developments and materials Nuclear energy Planning issues in energy projects International energy New and updated content Dates for your diary Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Cabinet Office announces concluded negotiations on UK Erasmus+ association and electricity market participation The Cabinet Office and the European Commission have wrapped up exploratory discussions on the UK’s potential role in the EU internal electricity market. In a joint note after the May 2025 EU– UK Summit, Maroš Šefčovič, Commissioner for Trade and Economic Security, and the Rt Hon Nick Thomas- Symonds MP, HM Paymaster General and Minister for the Cabinet Office, confirmed that scoping talks on UK access to the internal electricity market are complete, with formal negotiations next to build the framework anticipated to aid businesses and consumers, bolster energy security and spur investment across the North Seas region. See: LNB News...
Earlier this year, the decision in Macdonald Hotels v Bank of Scotland unsettled lenders and their advisers, with obiter observations intimating that, for the ‘face value’ test to be satisfied for a deed, the document, on its face, must make plain that all parties expressly intended it to operate as a deed, rather than only those executing it as a deed. That stance differs from common practice in certain finance instruments, notably intercreditor agreements, which frequently state that only specified parties execute and deliver them as deeds and, unlike security documents, are ordinarily styled as ‘agreements’ in many instances. The City of London Law Society ( CLLS) subsequently released a note expressing its view on the comments and on how to comply with the face value test, confirming that, in its opinion, there is a measure of flexibility in the ways the face value...
In this issue: Electricity and gas market regulation and licensing Renewable energy Oil and gas Planning issues in energy projects Energy disputes International energy New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Energy Highlights 2025/2026 Electricity and gas market regulation and licensing Ofgem consults on proposed Forward Work Programme 2026–27 Ofgem has begun consulting on its Forward Work Programme for 2026–27, setting out intended initiatives across retail, wholesale, networks and carbon capture. Stakeholders—including industry, consumer groups, charities and energy consumers—are invited to submit views. The consultation runs until 12 February 2026, with the final Forward Work Programme due by 31 March 2026. See: LNB News 12/12/2025 36. Ofgem consults on draft determinations for RIIO-2 Medium Sized Investment Projects Ofgem is also seeking feedback on its Draft Determinations and draft direction for five Medium Sized Investment Project ( MSIP) bids from National Grid Electricity Transmission ( NGET) under the RIIO-2 price...
What is the background to the forthcoming OGPM announced at Budget 2025? The EPL was brought in during 2022 as a temporary windfall levy to capture exceptional profits generated by high oil and gas prices, themselves prompted by turbulence in global markets, including the Russian invasion of Ukraine. It was meant to conclude in 2025 but has been extended more than once. As part of planning for its termination, the government sought a longer-term framework to ensure the tax system can react to price shocks once the EPL ends. The OGPM embodies that framework. A consultation opened in spring 2025 and, at Budget 2025, the government confirmed it would proceed with the OGPM and set out further details of the measure. What is the OGPM? The OGPM will operate as a revenue-based charge of 35% on receipts above a defined threshold. It will apply where a...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Energy disputes Air emissions, efficiency, and climate change International energy New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Great British Energy has released its first Strategic Plan, setting out the publicly owned company’s priorities to 2030. Targets include at least 15 GW of clean generation, £15bn in mobilised private finance, support for 1,000+ community energy projects, and over 10,000 jobs. Three investment focuses are confirmed: local energy schemes, onshore development, and accelerated offshore delivery. A £1bn ‘ Energy –...
Trend 1: new participants, different challenges Private investment in infrastructure—most notably in renewables—continues to grow worldwide. IJGlobal reports that infrastructure funds secured almost US$112.05bn in H1 2025, up from US$57.85bn in H1 2024. As funds widen their exposure to infrastructure assets, their presence in construction arbitrations is also increasing. This shift in the make-up of project participants is giving rise to fresh procedural and practical issues: Conflicting approaches to contractor claims and arbitration strategy— Infrastructure funds typically inject finance in exchange for equity in the project company, and their engagement is often fixed and relatively short-term compared with traditional developers or owners who tend to remain involved for the long term. This shapes their stance on contractor claims for extensions of time ( EOT) or additional cost, usually prioritising the strongest financial result within the existing project framework. Where a project has...
On 23 September 2025, Ofgem released the outcomes of its preliminary eligibility review for the inaugural application window of the LDES cap and floor support scheme (the ‘ Cap and Floor Scheme’), representing a major milestone in the UK’s drive to facilitate the deployment of long-duration energy storage projects......
What is the background to this Bill? The existing NIS Regulations extend across five sectors: transport, energy, drinking water, health and digital infrastructure, and certain digital services, including online marketplaces, online search engines and cloud computing. Oversight sits with twelve regulators (competent authorities) tasked with putting the rules into practice and issuing guidance. The CSRB builds on a series of reviews into how well the NIS framework works, the latest of which took place in 2022. Those consultations found the regime had delivered benefit, but that legislation must evolve quickly to keep pace with a shifting cyber security environment and be widened to bring further categories of providers within scope. At the same time, a string of incidents has hit the NHS, high street names, local authorities and government suppliers, vehicle manufacturers and others, underlining the need to lift cyber security across the UK. Such...
What is the background leading to the publication of the Carbon Budget and Growth Delivery Plan? In October this year, the government released the Carbon Budget and Growth Delivery Plan (the Plan). The Plan is required by the Climate Change Act 2008, with sections 13 and 14 setting out obligations to devise and report proposals and policies for achieving carbon budgets. A carbon budget is a legally enforceable five-year limit on emissions, designed to deliver at least a 100% cut in greenhouse gases by 2050 relative to 1990 levels. In March 2023, Friends of the Earth, Client Earth and the Good Law Project launched legal proceedings against the Department for Energy Security and Net Zero concerning approval of its carbon budget delivery plan. The then Conservative administration asserted it had satisfied its ‘statutory duties under the Climate Change Act 2008’. Judge Sheldon...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Hydrogen, CCUS and emerging technologies Energy disputes Air emissions, efficiency, and climate change International energy Lex Talk®Energy: a Lexis®Nexis community New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Electricity and gas market regulation and licensing DESNZ confirms enduring governance for Smart Secure Electricity Systems DESNZ has issued its response to the 2025 consultation on enduring governance for the Smart Secure Electricity Systems ( SSES) Programme, confirming that Elexon, through the Balancing and Settlement Code ( BSC), will establish new Technical and Security Governance Groups to guide the technical and security frameworks that enable consumer-led flexibility. Using powers in section 245 of the Energy Act...
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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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