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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Energy disputes Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials RICS comments on political parties’ plans for the housing sector The Royal Institution of Chartered Surveyors ( RICS) has reviewed the general election manifestos of several political parties as they relate to housing, including proposals on energy efficiency and decarbonisation. The RICS overview spans the Conservative, Liberal Democrat, Labour, Green and Reform parties. See: LNB News 18/06/2024 25. Source: UK General Election 2024: What it means for housing. Electricity and gas market regulation and licensing Electricity Code Modifications Information on all live modifications to the Connection and Use of System Code ( CUSC), the Grid Code ( GD), the System Owner -...
Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd; Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477 What are the practical implications of this case? The Court of Appeal in Drax appears to have taken a commercially minded, substance‑over‑form stance when construing notification clauses. On one view, that marks a move away from the robust (and arguably overly stringent) approach seen in recent authorities, including the High Court’s decision in Drax and the Court of Appeal’s judgment in Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284 ( Garbett). In Garbett, Newey LJ held that a similarly worded clause required the claimant to give an estimated amount for each individual breach, rather than a single global figure for the entire claim. Garbett can read as somewhat severe, and how far its reasoning coheres in...
In this issue: Key developments Electricity and gas market regulation and licensing Renewable energy Air emissions, efficiency, and climate change Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments Labour Party proposes publicly owned Great British Energy company The Labour Party has set out plans to create a state-owned energy company, ‘ Great British Energy’, if it wins the 2024 election. The enterprise would prioritise accelerating deployment of both emerging and established technologies, including nuclear, wind and solar, while forging partnerships with private businesses and local authorities to enable community energy schemes. This model is intended to decentralise generation, lessen the nation’s reliance on imported energy, and reinforce the UK’s role in the clean power market over the long term significantly. See: LNB News 06/06/2024 9. Electricity and gas market regulation and licensing Ofgem publishes decision on modifications to RIGs for RIIO- ED2 Ofgem has issued its decision on proposed changes to the...
Background ITLOS is the tribunal set up to settle disputes and issue opinions regarding the United Nations Convention on the Law of the Sea 1982 ( UNCLOS), and serves as the forum for interpreting and applying UNCLOS in practice. In December 2022, the Commission of Small Island States on Climate Change and International Law ( COSIS) asked ITLOS for an advisory opinion on states’ duties under UNCLOS concerning existing or foreseeable damage to the marine environment caused by climate change. COSIS consists of a small group of island nations from the Caribbean and Pacific, each especially exposed to the effects of climate change. The Opinion The Opinion, endorsed unanimously by all ITLOS judges, sets out clear findings and guidance on how far states are obliged to: prevent, diminish and manage marine pollution in relation to harmful effects that arise, or are likely to arise, from...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Electricity and gas market regulation and licensing Electricity Code Modifications Every active proposal 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 collated on National Grid ESO’s Modification Tracker. It explains the intent of each change, identifies the stakeholders affected, includes Panel observations on prioritisation, and shows its position within the review pathway. For further information, see: Codes. Renewable energy DESNZ extends GGSS application deadline The Department for Energy Security and Net Zero ( DESNZ) has introduced new regulations for the Green Gas Support Scheme ( GGSS),...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP 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 confirms energy price cap from 1 July to 30 September 2024 Ofgem has confirmed the energy price cap for the third quarter of 2024. Between July and September 2024, the typical household paying by direct debit will see the annual energy price fall to £1568, a £122 cut from the previous cap of £1690. The cap calculation uses a standing charge of £334 for a dual fuel customer, or £369 for those who pay via standard credit; these amounts are unchanged from the earlier cap period. Suppliers may set a lower standing charge on their...
The dispute stemmed from a 2012 agreement for the modernisation of DBS’ services (the ‘ Agreement’), under which TCS undertook to assume control of and operate DBS’ legacy platforms whilst creating new digital offerings. From day one, the programme suffered delays, prompting a reset of contractual milestones. TCS maintained that DBS was the source of those delays and, in particular, that DBS’ IT hosting provider, Hewlett Packard Enterprises ( HPE), caused a critical delay. DBS contended that the true cause was that TCS’ software was not ready to be deployed on the infrastructure owing to slippage in the development and testing of the software, and further said it bore no responsibility for HPE’s activities. TCS sought £110m in delay damages. DBS advanced a counterclaim for delay, together with claims tied to deficient software quality. A separate,...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Nuclear energy Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Electricity and gas market regulation and licensing Ofgem opens a consultation on proposed amendments across a set of industry codes to facilitate the creation of the National Energy System Operator ( NESO) (also known as the Independent System Operator and Planner ( ISOP)) in line with its statutory roles, duties and licence requirements. It is expected that the finalised modifications will come into force on the day NESO is designated, following notice from the Secretary of State at the Department for Energy Security and Net Zero. The...
Carbon Budget Plan judicial review succeeds ( R ( Friends of the Earth and others) v Secretary of State for Energy Security & Net Zero) Friends of the Earth, Clientearth, and the Good Law Project v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 ( Admin) What are the practical implications of this case? This ruling carries weighty consequences for government, most immediately for the Department of Net Zero and Energy Security. The political fallout is notable. Ministers have confirmed no appeal will be pursued and have promised to place a legally robust report before Parliament within 12 months. That exercise will unfold amid pronounced external, and likely sceptical, scrutiny. It is foreseeable that the same groups who overturned the 2021 Net Zero Strategy and, in 2023, the CBDP, will monitor the process closely. All this will occur as a general...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Key developments and materials DBT publishes UK’s critical mineral strategy The Department for Business and Trade ( DBT) has released a suite of resources setting out the government’s plan to secure supplies of critical minerals for UK industry and energy security. The Resilience for the Future policy paper explains that the UK will speed up growth of domestic capability, work with international partners, and strengthen global markets so they are more responsive, transparent, and responsible. See: LNB News 10/05/2024 31. Electricity and gas market regulation and...
In this issue: Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Conventional power, waste to energy, biomass, and CHP projects Nuclear energy Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials Friends of the Earth has won a pivotal High Court judgment against the government, with the court ruling that the climate strategy advanced by the Secretary of State for Energy Security and Net Zero is unlawful. The court determined that adopting the Carbon Budget Delivery Plan contravened the Climate Change Act 2008. See: LNB News 03/05/2024 70. Electricity and gas market regulation and licensing Ofgem has released its conclusions on the consultation regarding updates to the licence fee cost recovery...
In this issue Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Conventional power, waste to energy, biomass, and CHP projects 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 Key developments and materials National Grid has unveiled a strategic tie-up between its Distribution System Operator ( DSO) and Electron to boost the scale and value of flexibility for system operators and flexibility service providers ( FSPs) by enabling market interoperability. Electron will link its flexibility market platform, Electron Connect, with the DSO’s Market Gateway, giving FSPs wider choice in how they access and engage with flexibility on the electricity distribution network. The collaboration also aims to reduce entry hurdles and drive...
Special Report on Batteries and Secure Energy Transitions In its Special Report on Batteries and Secure Energy Transitions, the IEA unequivocally declares that batteries are absolutely vital if the world is to achieve energy security and climate objectives established at COP28 in the ongoing battle against global warming. Following a more than twofold rise in power‑sector deployment last year, batteries must spearhead a sixfold expansion of global energy storage capacity to put 2030 goals firmly within practical reach. According to the new IEA report, battery growth surpassed nearly every other major clean energy technology in 2023, as sharply declining costs, rapid innovation and supportive industrial policies worldwide boosted demand for a solution that will be essential to meeting the climate and energy targets set out at the COP28 climate conference in Dubai......
In this issue: Electricity and gas market regulation and licensing Renewable energy Nuclear energy International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New and updated content Electricity and gas market regulation and licensing Electricity Code Modifications All active 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 now brought together on National Grid ESO’s Modification Tracker. The tracker outlines the intent behind each modification, identifies the stakeholders impacted, records Panel views on prioritisation, and shows its current stage within the review pathway. For more information, see: Codes. Renewable energy Ofgem publishes electricity and hydrogen co-location guidance Ofgem has released guidance for...
It speaks to the current moment that a study by the UN Environment Programme ( UNEP) and Columbia Law School’s Sabin Center for Climate Change recorded 2,180 climate change legal actions pending between 2020 and 2022. The number underscores the magnitude of the matter in legal terms. On 9 April 2024, the European Court of Human Rights ( ECt HR) delivered, for the first time, rulings in three distinct climate cases: Duarte Agostinho and Others v Portugal and 32 Others Verein Klima Seniorinnen Schweiz and Others v Switzerland Carême v France The ECt HR also set a landmark by becoming the first international court to grant a complaint brought by climate activists. Although two actions ( Agostinho and Carême) were struck out on procedural grounds, in all three matters the applicants alleged violations of human rights arising from states’ failures to take adequate measures to reduce...
R ( Low Carbon Solar Park 6 Ltd v (1) Secretary of State for Levelling Up Housing and Communities (2) Uttlesford District Council [2024] EWHC 770 ( Admin) What are the practical implications of this case? An inspector deciding a planning application under the TCPA 1990, s 62A may, by virtue of reg 6 of the Town and Country Planning ( Section 62A Applications) Written Representations and Miscellaneous Provisions) Regulations 2013 ( SI 2013/2142), decline to take account of any representations or material lodged after the representation period has closed. If an inspector does this, the issue is whether it amounts to procedural unfairness. HHJ Jarman restated the orthodox position that fairness is a fact-sensitive concept, dependent on the specific circumstances of each case. On the facts here, the inspector’s choice not to consider the claimant’s rebuttal statement did not result in...
In this issue: Electricity and gas market regulation and licensing Network and network connections 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 CMA publishes correspondence on home heating market review The Competition and Markets Authority ( CMA) has released letters exchanged with the Department for Energy Security and Net Zero, in which the Secretary of State invites the CMA to consider undertaking a review of competition within the home heating market. The Secretary of State highlighted the market’s central role in the nation’s net zero objectives and sought a review to assess whether shortcomings in competition are leading to prices exceeding those expected in a well‑functioning market, as the industry shifts towards low‑carbon heating. Acknowledging these concerns, the CMA confirmed it will weigh up commencing such a review in the...
In this issue: Electricity and gas market regulation and licensing Renewable energy Nuclear energy Energy disputes 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 calls for evidence on community energy projects The Department for Energy Security and Net Zero ( DESNZ) has launched a call for evidence on obstacles to community energy schemes in England. Community energy initiatives bring people together to buy, run, produce or cut energy use, covering solar installations, wind farms, hydro power, electric vehicle charging points, car clubs, and programmes addressing fuel poverty. Such schemes are generally not-for-profit, and any income generated is returned to the communities they serve. The call for evidence closes on 30 June 2024. See: LNB News...
In this issue: Electricity and gas market regulation and licensing Renewable energy Air emissions, efficiency, and climate change 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 NESO licences Working alongside the Department for Energy Security and Net Zero, Ofgem has opened a statutory consultation on National Energy System Operator ( NESO) licences. Stakeholders are invited to comment on the Secretary of State for Energy Security and Net Zero’s proposal to award Electricity System Operator and Gas System Planner licences, and to revise conditions in a range of other licences. The consultation closes on 9 May 2024. See: LNB News 28/03/2024 95. Electricity Capacity ( Supplier Payment etc) ( Amendment and Excluded Electricity) Regulations 2024 SI...
In this issue: Electricity and gas market regulation and licensing Renewable energy Oil and gas Air emissions, efficiency, and climate change International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& A Dates for your diary Trackers Electricity and gas market regulation and licensing REMAking the GB Electricity Market—new consultation published On 12 March 2024, the Department for Energy Security and Net Zero ( DESNZ) published the long‑awaited second consultation on reforms to the GB electricity market under the Review of Electricity Market Arrangements (‘ REMA’) (the ‘ Consultation’). It follows the first consultation (the ‘ First REMA Consultation’) issued in July 2022 (see LNB News 19/07/2022 28). The summary of responses to the First REMA Consultation showed broad agreement on the need for market reform, but little clarity on which options should deliver change. Headline themes in this Consultation include zonal pricing and a focus on unabated gas...
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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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