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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Energy disputes Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Electricity Code Modifications Information on all ongoing 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) is now brought together on NESO’s Modification Tracker. The tracker clarifies each modification’s intent, the stakeholders impacted, Panel views on prioritisation, and its current point in the review journey. For more information, see: Codes. Networks and network connections Ofgem launches consultation on TMO4+ connections reform...
When was the CIB launched? On 12 November 2024, the Department for Energy Security and Net Zero ( DESNZ) officially unveiled the CIB, rebranding it from the ‘ Sustainable Industry Reward’ ( SIR). This coincided with publication of the CIB Allocation Framework for Cf D AR7 and the necessary statutory notices. The purpose of the CIB (and before it, the SIR) is to recognise the broader economic, environmental and social benefits of renewable energy projects and to deliver additional revenue support, over and above the standard Cf D subsidy, for offshore wind projects that have encountered especially severe supply chain constraints in recent years. At the same time, DESNZ consulted on amendments to the Cf D contract to embed the CIB, given that the Cf D is the scheme’s delivery route. For further detail, see: LNB News 12/11/2024 43. The...
Macdonald Hotels Ltd v Bank of Scotland Plc [2025] EWHC 32 ( Comm) Relevant facts The High Court examined allegations brought against Bank of Scotland Plc ( BOS) by Macdonald Hotels Limited ( MHL) arising from the compelled sale of three properties: the Randolph Hotel, the Old England Hotel and the Marine Hotel (the Hotels). MHL contended that disposals occurred when valuations were unusually depressed, contravening implied terms of a facility agreement and, in relation to the Randolph, express provisions in a shareholders agreement. MHL further maintained that BOS ought to have allowed repayment by alternative means (including third‑party refinancing) and/or over an extended timescale. Resolving the dispute required review of years of dialogue, intricate documentation, and numerous detailed amendments. Careful consideration was required to identify and fully determine the issues arising in the case. This note concentrates on the funding...
Looking ahead, the Land Use Framework ( LUF) is set to drive delivery of the government’s Plan for Change, working in tandem with the Farming Roadmap and the Food Strategy. It will steer trade-offs in how land is used— from new homes and renewable schemes to safeguarding farmland and restoring nature. Significant unease has already surfaced about how these priorities will be weighed. Among the most divisive proposals are those for infrastructure and large-scale housebuilding. Key issues include: Nature preservation National charities, such as the RSPB and the Wildlife Trust, have swiftly objected to plans to pare back planning safeguards, including on‑site ecological surveys. The Chancellor noted that removal of regulation would mean developers could ‘focus on getting things built and stop worrying about the bats and the newts’. Creating ‘grey sites’ within the green belt has likewise prompted scrutiny, though these areas are meant to be...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Conventional power, waste to energy, biomass, and CHP Nuclear energy Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Electricity Code Modifications NESO’s Modification Tracker now collates, in one place, all 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). It outlines each modification’s purpose, the stakeholders impacted, Panel observations on prioritisation, and its current position in the review and decision making pathway. For further information, see: Codes. Networks and network connections Ofgem publishes letter to NESO on scope of transitional Regional Energy Strategic Plan Ofgem has issued a letter to NESO,...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Energy disputes Air emissions, efficiency, and climate change International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem has opened a consultation on its preliminary Strategic Direction Statement ( SDS) and the related governance for industry codes. This provisional SDS acts as the forerunner to the statutory SDS that will follow code designation. It spans every industry code within the code governance reform scope and outlines a five-year trajectory, with emphasis on the next one to two years. Ofgem sets out proposed accountabilities for delivering the SDS and explains how SDS-driven code changes could advance under current governance. In parallel, Ofgem invites feedback on two areas: creating a uniform approach to modification prioritisation across codes; and introducing a new licence duty to...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ publishes Secretary of State’s designation of energy codes and central systems DESNZ has released a designation notice from Secretary of State for Energy Security and Net Zero, Ed Miliband, setting his decision to designate specified energy codes and central systems as qualifying documents and central systems for the purposes of Schedule 12 to the Energy Act 2023. This designation enables Ofgem to use its transitional powers to deliver reform of energy code governance. See: LNB News 29/01/2025 44......
Navigating the North Sea— NSTA releases new guidance to streamline M& A transactions The Guidance focuses on direct transfers of petroleum licence interests within the UKCS—namely asset-level transactions—termed Assignments. Such Assignments require NSTA approval pursuant to the model clauses for each licence. A distinct pathway, supported by separate guidance, governs changes of control in the licence holder—i.e., share transactions—and these sit outside the scope of the Guidance. Although not legislative, any party seeking to depart from the Guidance must write to the NSTA with evidence supporting the requested derogation. The Guidance will also inform assessments of investigatory breaches of the OGA Strategy and compliance with the Petroleum Act 1998 where completion of an Assignment is delayed or prevented, with the NSTA able to impose sanctions where breaches are...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Nuclear energy Property and construction issues in the energy sector Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem consults on directions for Elexon's role as MHHS implementation manager Ofgem is seeking views on draft directions to be issued to Elexon in its capacity as the Market-wide Half- Hourly Settlement ( MHHS) implementation manager. The proposals focus on two strands: reporting on MHHS delivery progress, and administration of the MHHS testing cohorts. The consultation closes on 30 January 2025. See: LNB News 16/01/2025 54. Electricity Code Modifications Details of current changes to the Connection and Use of System Code ( CUSC), the Grid Code (...
In this issue: Key updates and resources Electricity and gas market rules and licensing Networks and grid connections Capacity Market, balancing services and system flexibility Planning matters in energy projects International energy Daily and weekly news briefings New and revised content Dates for your calendar Trackers Latest Q& A Key developments and materials News Analysis: Key energy law developments—end of year review 2024 and what to expect in 2025 2024 proved to be a lively and notably eventful year for energy law and policy. The Energy team at Lexis Nexis® reflect on some of the standout developments through 2024 and signpost what to look out for in 2025 concerning, in particular: hydrogen, Carbon Capture, Usage and Storage ( CCUS), NESO, grid connection reform, the Review of Electricity Market Arrangements ( REMA), proposed government support for Long Duration Energy Storage ( LDES), Contracts for Difference ( Cf Ds), the Capacity Market, the creation of Great British Energy ( GB...
Hydrogen What were the key developments in 2024? The direction of hydrogen policy in 2024 was largely shaped by several notable releases from the Department for Energy Security and Net Zero ( DESNZ) in December 2023, namely: Hydrogen Strategy Delivery Update Hydrogen Production Delivery Roadmap Hydrogen Transport & Storage ( T& S) Networks Pathway market engagements on the assessment criteria for the first allocation rounds of the Hydrogen Transport Business Model ( HTBM) and Hydrogen Storage Business Model ( HSBM) an updated version 3 of the Low Carbon Hydrogen Standard ( LCHS) the outcome of the first Hydrogen Allocation Round ( HAR) ( HAR1) for the Hydrogen Production Business Model ( HPBM), together with the launch of the second HAR ( HAR2) On 2 January 2024, the HPBM hit a major milestone when DESNZ formally appointed the Low Carbon Contracts Company Ltd ( LCCC) as the...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Property and construction issues in the energy sector Planning issues in energy projects Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ launches call for evidence on Ofgem review DESNZ has begun a comprehensive assessment of Ofgem, opening a call for evidence to collect views on the regulator’s role in fostering an innovative energy market that delivers for consumers. The exercise will look at Ofgem’s mandate, consumer protection powers, overall scope and remit, how standards are set, and the effectiveness of redress routes. Proposals on the table include tighter deadlines for complaint handling, bolstering the energy...
Planning policy Revised National Planning Policy Framework published This review considers the principal planning developments from 2024. For a summary of the key planning cases in 2024, see: 2024 key cases round up for planning lawyers. On 12 December 2024, the government issued a refreshed National Planning Policy Framework ( NPPF), alongside its response to the July 2024 consultation on proposed NPPF changes. In an accompanying written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy updates are needed to free up land to deliver 1.5 million homes and the scale of infrastructure required to support growth. The release of the revised NPPF follows an eight-week consultation conducted from July to September 2024 on suggested revisions. Key measures adopted include overturning the December 2023 amendments made by the previous government, which had treated the standard method’s outcome as an...
In this issue: Electricity and gas market regulation and licensing Networks and grid connections Renewable energy Capacity Market, balancing services, and energy system flexibility Planning matters for energy projects Emissions, efficiency and climate change Global energy News alerts, daily and weekly Fresh and revised content Diary dates Trackers Energy Highlights 2024/2025 Electricity and gas market regulation and licensing Energy Bill Relief Scheme and Energy Bills Discount Scheme ( Amendment) Regulations 2024 SI 2024/ Draft: These draft Regulations would remove the obligation to calculate and apply the principal discounts under the Energy Bill Relief Scheme and the Energy Bills Discount Scheme where energy is supplied to non-domestic customers by a supplier that has been off-boarded from those schemes. They are expected to commence 21 days after the Regulations are made. See: LNB News 17/12/2024 14. Ofgem launches consultation on proposed forward work programme for 2025–2026: Ofgem has opened a consultation on its proposed Forward Work Programme for 2025 and 2026. The...
Friends of the Earth Netherlands et al v Royal Dutch Shell plc, case number 200.302.332/01 What are the practical implications of this case? In 2019, Milieudefensie et al. ( Milieudefensie) initiated proceedings against Royal Dutch Shell plc ( Shell), asserting that Shell was obliged under the Paris Agreement to reduce its CO2 emissions. They contended that Shell had breached its duty of care to the claimants by failing to take sufficient action on climate change, relying on the Dutch Civil Code, informed by Article 2 (right to life) and Article 8 (right to private family life) of the European Court of Human Rights ( ECHR). In 2021, the district court found in favour of Milieudefensie in a landmark ruling, establishing that companies must safeguard human rights and the environment, and directing the Shell group to achieve a net 45% reduction in CO2...
The Action Plan acknowledges that the present planning system is not advancing at the speed needed to meet the 2030 clean power target. Advice from the National Energy Systems Operator ( NESO) reportedly suggests that, although the pipeline holds sufficient projects across most technologies, turning that pipeline into delivery will demand much faster rates of planning and consenting decisions. Some barriers have already been eased — for example, the lifting of the de facto ban on onshore wind in England — yet the Action Plan makes plain that further action remains necessary. With this in mind, it commits to a comprehensive programme of planning reform, outlined below. Resourcing Government will equip bodies across the planning system with the tools they require, including the Planning Inspectorate ( PINS), statutory consultees, local planning authorities ( LPAs) and government consenting teams, by: broadening...
What is the background to the revised NPPF? On 12 December 2024, the Government released an updated NPPF, together with its response to the July 2024 consultation on proposed amendments to the NPPF. In a written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy changes are needed to unlock land for 1.5 million homes and to provide the scale of infrastructure required to support growth. This publication follows an eight-week consultation held from July to September 2024 on revisions to the NPPF, which attracted over 10,000 responses. Measures taken forward include undoing the December 2023 reforms by the previous government, which had made the standard method’s outcome an ‘advisory starting point’ for setting housing requirements. Now, the NPPF again makes clear that LPAs should use a new standard method to assess housing need and to plan their...
In this issue: Key updates and resources Regulation and licensing of the electricity and gas markets Networks and grid connections Renewable power Capacity Market, balancing services, and power system flexibility Property and construction matters across the energy sector Energy-related disputes Air emissions, efficiency, and climate change Global energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials DESNZ publishes 2024 Cf D and CM scheme update DESNZ has issued its yearly update to Parliament on how the government is progressing with the policy tools introduced under the Electricity Market Reform programme. The report spotlights four principal mechanisms: the Contracts for Difference ( Cf D) scheme, the Capacity Market ( CM), the Electricity Demand Reduction pilot, and the Emissions Performance Standard. After the July 2024...
This piece sets out: the proposed plans for the UK Emissions Trading Scheme, including suggested annual deadlines and obligations operators should note how the proposals aim to prevent overlap with the EU Emissions Trading Scheme international actions intended to curb greenhouse gas emissions across the maritime sector the UK government’s recent unveiling of green shipping routes the possible effects of the UK Emissions Trading Scheme on the maritime sector What are the proposed plans for the UK Emissions Trading Scheme and who will it apply to? From 2026, the proposals would bring within the UK Emissions Trading Scheme emissions of carbon dioxide, methane and nitrous oxide from vessels of 5,000 gross tonnes, capturing all at‑berth emissions at UK ports from ships on domestic and international voyages, as well as those to or from Crown Dependencies and British Overseas...
Key developlments in 2024 2024 has seen notable movement in climate change litigation across the UK and internationally. In the UK, attention has largely centred on whether proposed fossil fuel projects’ Scope 3 emissions were properly addressed within Environmental Impact Assessments ( EIAs) at the planning stage. Internationally, energy-sector disputes have focused on actions against governments for alleged breaches of climate obligations under domestic law or binding international frameworks, alongside claims against corporations arising from their perceived contribution to climate change. For further background on climate litigation generally, including many of the matters noted below, see Practice Note: Climate change litigation. Requirement to consider Scope 3 emissions in EIAs Climate litigation commenced in January 2024 with the ruling in Greenpeace Nordic and Nature & Youth v Energy Ministry ( The North Sea Fields Case). The case challenged the Norwegian government’s omission of Scope 3...
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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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