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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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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: COP29 Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste International Waste Shipments ( Amendment) Regulations 2024 Waste producer responsibility regimes Daily and weekly news alerts New and updated content Updated Practice Notes Trackers COP29—the outcomes The 29th Conference of the Parties to the UN Framework Convention on Climate Change took place in Baku, Azerbaijan, from 11 to 24 November 2024, finally closing 35 hours late after intensive negotiations. With the need to confront climate change increasingly acute, COP29 sought to deepen global collaboration and frame bold measures for mitigation and adaptation. The meeting delivered the Baku Climate Unity Pact, bringing together a suite of...
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...
Hurricanes, severe thunderstorms and floods were the primary drivers of this trend According to the research and development arm of reinsurance heavyweight Swiss Re on 5 December 2024, hurricanes, intense thunderstorms and flooding were the main forces behind the trend. This increase underscores rising risks for the sector, and for the planet, tied to climate change and urban growth. Swiss Re reported that Hurricanes Helene and Milton generated almost US$50bn of insured losses after hitting Florida in late September 2024 and early October 2024. Insured losses refer to payouts by insurers to meet the cost of damage from incidents such as floods, storms or fires. The firm added that severe thunderstorms across the US accounted for more than US$51bn of global losses, making 2024 the second-most-costly year for such storms, behind 2023's record US$70bn. Economic development remains the principal driver of rising insured losses from...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental enforcement and prosecutions Environmental information Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Air emissions and climate change DESNZ opens consultations on UK ETS expansion The Department for Energy Security and Net Zero ( DESNZ) has opened two consultations to broaden the UK Emissions Trading Scheme ( ETS). The first proposes bringing the maritime sector into scope, obliging operators on domestic voyages to secure allowances for every tonne of carbon released. The second would recognise...
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...
Parties extended the gender work programme; put the new Loss and Damage Fund into operation; and advanced efforts to amplify the voices of Indigenous Peoples and Local Communities in climate action by adopting the Baku Workplan and prolonging the mandate of the working group supporting implementation of the Local Communities and Indigenous Peoples Platform. Yet they failed to agree on implementing the Global Stocktake outcomes or the just transition work programme, with talks on these items pushed to later sessions. Countries chose to delay reviewing the Global Goal on Adaptation framework until after the second global stocktake in 2028, and launched the Baku Adaptation Road Map to keep negotiations going in 2025. Further missed chances included not bolstering commitments to shift from fossil fuels to clean energy options, and limited progress in linking climate and nature. A new climate finance goal The primary agenda item at COP29 was...
In this issue: COP29 Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Updated Practice Notes Trackers COP29 COP29 round-up—20 November 2024 ( Urbanisation, Transport and Tourism) On 20 November 2024, day ten of the 29th Conference of the Parties to the United Nations Framework Convention on Climate Change ( COP29) centred on urbanisation, transport and tourism—the first occasion the COP Presidency has dedicated a day to tourism. The Presidency Stocktaking Plenary reviewed a number of matters, including progress towards the new collective quantified goal on climate finance ( NCQG). In...
Questions & unsatisfactory answers—the European Commission publishes guidance on the importer requirements of the EU Methane Regulation On 19 November 2024, the Commission released ‘ Questions and answers on importer requirements of EU Methane Regulation ( EU) 2024/1787’ (the Methane Q& A). In essence, the Methane Q& A seeks—albeit inadequately—to resolve key issues that have preoccupied the energy sector since Regulation ( EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation ( EU) 2019/942 (the EU Methane Regulation) took effect on 4 August 2024. The EU Methane Regulation imposes extensive obligations on: operators with gas, oil or coal activities within the EU, and importers placing on the EU market natural gas, oil or coal extracted outside the EU The Methane Q& A...
UK developments HMT seeks views on a UK Green Taxonomy. HM Treasury ( HMT) has opened a consultation inviting feedback on the value case for creating a UK Green Taxonomy within the UK’s broader sustainable finance framework. Submissions are requested by 6 February 2025. The deadline is 6 February 2025. See: LNB News 15/11/2024 63. Sources: Open consultation: UK Green Taxonomy and Consultation. HMT issues consultation response and draft rules for ESG ratings providers. HMT has set out its response to its consultation on the future regulatory regime for Environmental, Social, and Governance ( ESG) ratings providers, outlining the intended perimeter of the new framework together with accompanying draft legislation. Views on the draft regulation are invited by 14 January 2025. The closing date is 14 January 2025. See: LNB News 15/11/2024 51. Sources: Consultation outcome: Future regulatory regime for...
In this issue: COP29 Air pollution and climate change Energy efficiency in buildings Energy efficiency of products Energy matters for environmental lawyers Environmental assessment Environmental disputes and litigation Environmental enforcement and prosecutions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Key updates and developments Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Producer responsibility for waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers COP29 COP29 round-up—13 November 2024 ( World Leaders Climate Action Summit) On 13 November 2024, the World Climate Action Summit ( WCAS) carried on within the 29th Conference of the Parties to the United Nations Framework Convention on Climate Change ( COP29)....
GDFC Assets Ltd v Heaney and another [2024] UKUT 345 ( AAC) What are the practical implications of this case? The Green Deal was once a hallmark UK government programme, intended to enable householders to turn their homes into energy‑efficient properties without having to meet costs upfront. Government funding for the Green Deal ended in July 2015 because of poor take‑up and concerns about quality. Hundreds of consumer complaints about the Green Deal remain with the Energy Ombudsman and the Financial Ombudsman Service. Before this test case, the expectation was that many of these disputes could be concluded swiftly. This decision, however, introduces uncertainty about the speed at which those complaints will now be resolved. What was the background? This is a test case concerning ‘green deal plans’, created under the Energy Act 2011 ( EA 2011) and the Green Deal Framework (...
Failure to prevent fraud by a corporate organisation On 6 November 2024, the UK Home Office issued long-awaited guidance on the new ‘failure to prevent fraud by a corporate organisation’ offence, commonly referred to as the corporate fraud offence. This development adds another avenue for an expanding cohort of claimants to pursue companies over climate-related matters, including alleged greenwashing. It represents one, albeit major, component within a shifting environmental compliance regime. As frameworks mature, businesses must move quickly to remain compliant. At the same time, a broader mix of actors—from regulators such as the Advertising Standards Authority ( ASA) and the Competition and Markets Authority ( CMA) to non-governmental bodies focused on environmental concerns—is adopting more sophisticated and forceful tactics to shape corporate conduct. Consequently, the legal pathways for environmental compliance claims have multiplied and grown more imaginative, with novel arguments pushed into areas once...
What is being proposed? The consultation sets out plans to broaden tax conditionality checks to additional sectors — specifically waste, animal welfare and transport. The intention is to tackle the hidden economy by making sure firms in these fields meet their tax duties. HMRC views the waste sector as particularly exposed to hidden economy behaviour and has already brought in tax conditionality for scrap metal dealer licences — in England and Wales from April 2022, and in Scotland and Northern Ireland from October 2023. The consultation specifically proposes widening tax conditionality to include waste carriers, brokers and dealers, as well as activities operating under waste exemptions. What is a tax conditionality check? A tax conditionality check requires a licence holder in a designated sector to verify proper tax registration when applying for, or renewing, a licence. The consultation suggests that the process, and the...
R (on the application of Smallbrook) v Birmingham City Council (transcript) [2024] EWHC 2535 ( Admin) What are the practical implications of this case? One of the standout planning court battles of the past two years is Marks and Spencer’s High Court challenge over the proposed rebuild of its Marble Arch store on Oxford Street, Marks and Spencer Plc v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 4542 ( Admin). The significance of Smallbrook lies in adopting that ruling’s approach: supplementary planning documents do not form part of the statutory development plan and so are not local plan policies. The judgment also usefully restates several legal points: the weight attributed by a planning committee to material considerations arising from a proposal, and any alternatives, is a matter for the local authority’s planning judgement; the court will not replace it there is no...
What can we expect from the ASA in the ESG space? In April 2024, the ASA released its 2023 Annual Report, outlining a five‑year plan built on AI‑assisted collective regulation of adverts, shifting the system from complaints‑led cases to proactive monitoring and enforcement. This represents a notable pivot, positioning the ASA as a more visible and agile regulator within ESG. The report confirms that environmental claims continue to be a leading priority for the authority. James Best, Chair of the Committee of Advertising Practice, remarks that arguably the most significant long‑term endeavour of the ASA and CAP has centred on environmental claims. This includes clarifying the meaning of ‘green claims’ and setting expectations for how climate change and mitigating technologies should be presented in adverts. The ASA’s stepped‑up activity demonstrates this focus: in 2023 it issued new guidance on...
UK developments FSB reports significant progress on global climate disclosure standards implementation The Financial Stability Board ( FSB) has released its 2024 update on delivering consistent climate-related reporting, noting strong momentum in adopting International Sustainability Standards Board ( ISSB) disclosure standards. In 19 of the FSB’s 24 jurisdictions there are now regulations, guidelines, or strategic roadmaps in place, and 17 jurisdictions have introduced or proposed requirements grounded in the ISSB standards and the Task Force on Climate-related Financial Disclosures ( TCFD) recommendations. See: LNB News 12/11/2024 58. Sources: FSB reports on progress towards globally consistent and comparable climate-related disclosures, 2024 progress report on Achieving Consistent and Comparable Climate- Related Disclosures, and IFRS Progress Report on Corporate Climate-related Disclosures. LMA publishes draft provisions for green loans The Loan Market Association ( LMA) has issued draft green loan provisions, offering suggested clauses for inclusion in LMA loan...
In this issue: COP29 Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers New Q& As COP29 Looking ahead to COP29 The 2024 United Nations Climate Change Conference— COP29—will take place in Baku, Azerbaijan, from 11 to 29 November 2024. Paul Collins, a senior associate at Ashfords LLP, shares insight on the conference’s objectives and anticipated outcomes. See News Analysis: Looking ahead to COP29. UK government announces new climate change goals at COP29 At COP29 in Baku, the UK government set fresh climate objectives, pledging an 81% cut in emissions by 2035 against 1990 baselines. In line with the...
Shell persuaded the Hague Court of Appeal that it need not cut its emissions by 45%—or by any figure—by 2030, despite judges accepting campaigners’ argument that the firm owes a duty to the public to curb emissions to confront the climate emergency. There can be no doubt that shielding people from dangerous climate change is a human right, the appeals court stated. It is chiefly for legislators and governments to implement measures that reduce dangerous climate change. The 2021 ruling on appeal from the Hague District Court had directed Shell to lower carbon dioxide output and to bring corporate policy into line with the 2015 Paris climate agreement. Activists hailed the judgment as a landmark first. The action was initiated by Milieudefensie, the Dutch branch of Friends of the Earth, along with more than 17,000 co-claimants in total supporting the case...
The European Union’s executive body intends to reduce the administrative burden by drafting a single, wide‑ranging law that ‘draws from numerous dossiers to curb bureaucracy, to lighten reporting obligations’, the Commission President told assembled journalists during a press conference. Von der Leyen’s statement followed a meeting of EU heads of state and government held on 8 November 2024 in Budapest, where they......
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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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