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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 Conventional power, waste to energy, biomass, and CHP projects Oil and gas 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 DESNZ publishes call for evidence outcome on enabling industrial electrification The Department for Energy Security and Net Zero ( DESNZ) has released the results of its call for evidence on facilitating industrial electrification. Feedback underscores the obstacles confronting industrial facilities in moving to electricity and signals a requirement for additional, electrification‑focused measures to level the playing field with other low‑carbon fuels, so that operators can choose the most suitable...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Air emissions, efficiency, and climate change Conventional power, waste to energy, biomass, and CHP projects Oil and gas Nuclear energy Planning issues in energy projects International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Key developments and materials The Energy Act 2023 ( Commencement No 2) Regulations 2024 ( SI 2024/890) bring into effect selected parts of the Energy Act 2023 on 10 September 2024. See: LNB News 04/09/2024 14. Electricity and gas market regulation and licensing Ofgem decision on proposed Section F to the Generation Licence Following its April 2024 statutory consultation, Ofgem has decided not to advance the modification to add Section F to the...
R (on the application of Dr Andrew Boswell) v Secretary of State for Energy Security and Net Zero [2024] EWHC 2128 ( Admin) What are the practical implications of this case? The court observed that the Claimant is deliberately overlooking national policy on the pathway to net zero and the necessity of CCS/ CCUS. His real dispute is with the So S’s stance—shared by the Climate Change Committee—in backing this project. He is attempting to undermine the policy basis for the Scheme by alleging a contradiction in the So S’s reasoning where none exists. The foundation of the So S’s position is plainly set out in the policy materials, together with the Ex AR and DL in this matter. This section of the judgement underscores the long‑standing position that challenges of this kind must be brought strictly on points of law; any indirect attempt to attack the...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Daily and weekly news alerts Dates for your diary Trackers Key developments and materials CFP publishes 2024 Annual Report The Committee on Fuel Poverty ( CFP) has released its 2024 Annual Report, entitled ‘ Can Fuel Poverty be Ended?’. The report sets out the progress of the government’s fuel poverty strategy and the policies intended to enhance energy efficiency and make fuel-poor homes in England more affordable. See: LNB News 28/08/2024 6. Electricity and gas market regulation and licensing Ofgem publishes changes to energy price cap between 1 October to 31 December 2024 Ofgem has set revised energy price cap levels for suppliers. From 1 October to 31 December 2024, the price of energy for a typical household using electricity and gas and paying by Direct Debit will rise to £149 per...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem announces new approach to Strategic Innovation Fund Ofgem unveiled a refreshed methodology for the Strategic Innovation Fund ( SIF), intended to give innovators greater scope to submit or resubmit bids to the SIF and secure swifter routes to finance. Developed after wide-ranging dialogue with numerous stakeholders, the reforms are designed to increase the SIF’s agility and to open up additional chances to seek support and funding. See: LNB News 20/08/2024 7. Ofgem publishes cap derogation monitoring outcome letters Ofgem released outcome letters on cap derogation monitoring for a number of licensees. The correspondence sets out its evaluation and findings after annual oversight was introduced for derogated renewable standard variable tariffs, stemming from the default tariff cap announced on 31 October 2023. These...
In this issue: Electricity and gas market regulation and licensing Renewable energy 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 Future Energy Pathways guidance Ofgem has opened a consultation on its Future Energy Pathways ( FEP) guidance, aimed at the soon-to-be-established National Energy System Operator. The draft guidance sets out the expected content, development processes, and timetable for creating the FEP methodology and the resulting pathways. It clarifies how the methodology should be prepared and when each pathway should be delivered. Ofgem is inviting feedback from the Energy System Operator and those who utilise the FEP, as well as other stakeholders and the general public. The consultation closes on 13 September 2024. See: LNB News 14/08/2024 19......
In this issue: Electricity and gas market regulation and licensing Networks and network connections 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 Ofgem consults on gas transporter licence metering duties Ofgem has launched a consultation on proposed amendments to the Gas Transporter Licence held by National Grid Gas Plc, addressing metering obligations within the Standard Special and Special Conditions, several of which are scheduled to sunset on 31 December 2024. The consultation closes on 2 September 2024. See: LNB News 06/08/2024 4. Ofgem decision on ESO RIGs and RRPs for RIIO-2 Ofgem has confirmed its decision on updated versions of National Grid Electricity System Operator Limited’s Regulatory Instructions and Guidance and Regulatory Reporting Pack for RIIO-2. The updates account for costs linked to New...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Air emissions, efficiency, and climate change Networks and network connections Capacity Market, balancing services and energy system flexibility 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 Prime Minister and Secretary of State announce first GB Energy partnership The Prime Minister, Keir Starmer, with the Secretary of State for Energy Security and Net Zero, Ed Miliband, announced the inaugural collaboration between Great British Energy ( GB Energy) and the Crown Estate. The tie-up could unlock up to £60bn in private capital for the UK’s push towards clean power and energy independence. To enable this, the government is introducing two bills in Parliament today to give GB Energy and the Crown...
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...
Cats North Sea Ltd v HMRC [2024] UKFTT 512 ( TC) What are the practical implications of this case? Although the statutory rules dealing with oil-related operations are fairly narrow in scope, the regimes on transfers of trade and capital allowances have a much broader application. The judgment provides a useful steer on how the FTT is apt to address thorny problems of statutory interpretation under those latter codes. In particular, it highlights the degree to which a legal fiction introduced by a deeming rule within these codes will be given effect. A principal question was whether a trade had been transferred where the transferor conveyed only part of a trade and the transferee was regarded as conducting two trades. The reasoning for treating that outcome as a transfer of a trade, and the effect of the singular encompassing the plural in this...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Oil & gas International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials King’s Speech 2024— Key Energy Announcements At the State Opening of Parliament on 17 July 2024, His Majesty King Charles III outlined the government’s agenda and policy proposals for the coming parliamentary session. Measures of significance for the Energy sector include the Great British Energy Bill, the Planning and Infrastructure Bill, the Crown Estate Bill, the Arbitration Bill, the Cyber Security and Resilience Bill, and the Sustainable Aviation Fuel Bill. Commentary on these announcements is provided by Richard Marsh (partner, BDB Pitmans), Stephanie Hall (solicitor, Davitt Jones Bould), Claire Dutch (co-head of...
In this issue: General Election 2024—parliamentary process, wash-up and manifesto pledges Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and carbon capture usage and storage ( CCUS) Daily and weekly news alerts New and updated content Dates for your diary Trackers General Election 2024—parliamentary process, wash-up and manifesto pledges After the General Election on 4 July 2024, the UK has a Labour government for the first time since 2010. These News Analyses distil the principal implications across the energy, planning and environment sectors. They feature commentary from practice area specialists, Practical Guidance, news and analysis, and journal pieces. Notable ministerial appointments include Rt Hon Ed Miliband MP as Secretary of State for Energy Security and Net Zero. We outline what the energy sector should anticipate from the new administration, including clean power by 2030, the creation of Great British Energy, reforms to regulatory and planning...
On 8 July 2024, the Treasury, the Department for Levelling Up, Housing and Communities ( DLUHC) and the Department for Energy Security and Net Zero issued a joint policy statement on onshore wind (the Policy Statement), anchored by a pledge to ‘double onshore wind energy by 2030’. It outlined immediate steps to lift the de facto restriction on onshore wind in England and to amend planning policy so that onshore wind is treated on a par with other energy development in the NPPF. That same day, Rachel Reeves, the Chancellor of the Exchequer, delivered a speech underscoring the central role of planning reform in the government’s programme to rebuild Britain’s economy (see: LNB News 08/07/2024 24), declaring an end to the ‘absurd ban on new onshore wind in England’ and launching a consultation on reinstating onshore wind within the nationally...
The RHI scheme The RHI initiative provided subsidies for burning woodchip to heat workplaces and for industrial operations. As programme costs increased in Northern Ireland, support was sharply reduced in April 2017. Following this, the Department and Ofgem, which administered the scheme, scrutinised heat usage at accredited sites. A key obligation on participants was that ‘they must not generate heat for the predominant purpose of increasing their periodic support payments’ ( Renewable Heat Incentive Scheme Regulations ( Northern Ireland) 2012, reg 33(p)). In 2021, Ofgem revoked the accreditation of two Dennison Commercials boilers, relying on a substantial and unexplained drop in usage after the subsidy cuts. It also sought repayment of alleged excessive payments. Dennison Commercials applied for a review by the Department’s panel under the regulations, but this was refused. The company then brought judicial review proceedings ( Application by Dennison...
Clean power by 2030 The government has set ambitious goals to double onshore wind, triple solar generation, and increase offshore wind fourfold by 2030. The previous administration's de‑facto block on onshore wind that existed is anticipated to be lifted 'immediately'. It also plans investment in carbon capture and storage, hydrogen and marine energy technologies, and to secure the UK's access to long-duration energy storage. At the same time, the government is expected to retain a strategic back-up of gas-fired power stations to safeguard security of supply, and acknowledge a continuing place for oil and gas within the UK's energy mix. Establishment of Great British Energy Within its first year in office, the new government plans to create a publicly owned clean energy company, ' Great British Energy'. Great British Energy will collaborate with energy firms, local authorities and co-operatives to co-invest in clean power schemes,...
In this issue Electricity and gas market regulation and licensing Renewable energy 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 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 -...
In this issue: Electricity and gas market regulation and licensing 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 Electricity Code Modifications 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) are collated on National Grid ESO’s Modification Tracker. The tracker outlines the aim of each modification, identifies the stakeholders impacted, includes Panel observations on prioritisation, and shows its position within the review process. For further details, see: Codes......
CATS North Sea Ltd v HMRC [2024] UKFTT 512 ( TC) The taxpayer became the transferee in a hive-down of an interest in a North Sea oil and gas pipeline within the corporate group led by BP plc. For the transferor involved in the hive-down, all activities relating to the pipeline sat wholly within the oil and gas ring fence. In contrast, for the taxpayer, only the transportation of group hydrocarbons was treated as within the oil and gas ring fence, whereas moving non-group hydrocarbons through the pipeline fell outside that ring fence. Following the hive-down, the taxpayer was then sold to a third-party purchaser. The key issues for the FTT to determine were as follows: did the transfer of trade provisions apply to the hive-down notwithstanding that the transferor’s activities regarding the pipeline were entirely within the ring fence, whereas the taxpayer could not at any time...
The High Court has allowed the Good Law Project to seek a judicial review of the government’s choice to exclude onshore wind from the roster of nationally significant infrastructure projects. Judge Tim Mould ruled the campaign group’s claim cleared the arguable case threshold, showing a real prospect of success. Peter Lockley of 11KBW, acting for the Good Law Project, submitted that January’s omission of onshore wind from the government’s revised energy policy was a policy decision. As a result, the energy security secretary was under a legal duty to give reasons for that decision but failed to do so, Lockley said. ‘ No reasons are given for why that is the case other than “that is how we get on with it”,’ he added......
EU nuclear, gas and geothermal industries have been placed at the centre of the forthcoming six‑month Hungarian presidency of the Council of the EU, scheduled to start on 1 July 2024. On 18 June 2024, Hungarian officials presented their programme for guiding the Council’s regulatory agenda for their tenure, describing the politically sensitive nuclear power as 'one of the pillars of the success of the green transition' and pledging to back 'initiatives in this area' throughout their term. In their paper, the officials explicitly highlighted securing 'affordable energy prices for all energy sources' for EU consumers across the bloc, recalling this as a key contributor to the Union’s competitiveness and, indeed, their number‑one priority for the presidency. Under the banner of a ' New European Competitiveness Deal', they vowed to embed the strengthening of the EU’s...
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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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