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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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FB 2025 has now been released, accompanied by explanatory notes. It received its first reading on 6 November 2024 and will continue its passage through Parliament. The Bill runs to 280 pages, containing 86 clauses and 13 Schedules. Clause 86 provides that the short title is the Finance Act 2025. Any clause and Schedule references in this analysis use the numbering as at introduction. Draft provisions for three measures in FB 2025 were initially issued on Legislation Day ( L Day) on 29 July 2024. These comprised: the abolition of the furnished holiday lettings regime (as announced in the Spring Budget 2024) the introduction of an anti-arbitrage limit on the transitional country-by-country reporting safe harbour within the UK’s Pillar Two rules the removal of the value added tax ( VAT) exemption for private school fees FB 2025 also features measures first...
In this issue: Air emissions and climate change Brexit Contamination and pollution Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Updated Practice Notes Trackers Useful information Air emissions and climate change The Financial Conduct Authority has released a speech by its chief operating officer, Emily Shepperd, underscoring the need to channel growth and investment to deliver net zero by 2050. Shepperd stressed active engagement with industry so rules are proportionate, unnecessary burdens are avoided, and fresh talent is attracted. She examined how resilient regulatory architecture can foster economic expansion and the transition to net zero, while upholding robust standards and balancing risk with investor protection. See: LNB News 06/11/2024 40.......
R (on the application of Friends of the Earth Ltd and others) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 ( Admin) What are the practical implications of this case? The court clarified the scope of the Secretary of State’s obligations under CCA 2008, s 58. A wide margin of discretion applies, creating a high hurdle for any legal challenge to a national adaptation programme ( NAP). The Secretary of State is not required to provide the level of granularity demanded for policies and proposals under CCA 2008, s 13; no fixed degree of specificity is mandated. While the Committee on Climate Change ( CCC)’s critiques formed part of the decision‑making context, they did not show that NAP3 rested on a legal error. Claimants whose homes face...
UK developments FCA releases disclosure examples for SDR and investment labels regime. The Financial Conduct Authority ( FCA) has set out sample disclosures and approaches covering various labels, illustrating how applicants can comply with the Sustainability Disclosure Requirements ( SDR). See LNB News 01/11/2024 41. Source: The Sustainability Disclosure Requirements ( SDR) and investment labels: pre-contractual disclosure examples. International developments TPT publishes its concluding report with overview of its work and achievements. The Transition Plan Taskforce ( TPT) has released its final report, detailing work and achievements, and emphasising global consistency in transition planning and its use in decision-making by financial institutions, corporations, governments and regulators......
Consequences regarding design requirements Wherever packaging is required, it should be conceived, manufactured and commercialised so that it enables re-use or high-quality recycling, while minimising environmental impact across its entire life-cycle and the life cycle of the goods it was created to contain. This approach gives manufacturers room to innovate in packaging design and to set their products apart through the application of such innovation. In turn, these novel packaging designs ought to be properly safeguarded through appropriate intellectual property protection, which may include: Patents covering an inventive packaging format or an inventive packaging process; Trade marks protecting the distinctive get-up of the product; Registered designs safeguarding the visual appearance of new product packaging. By aligning design, production and commercialisation with re-use and high-quality recycling, businesses can both lessen environmental impacts over the full life-cycle and leverage innovative packaging as a...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental issues in transactions ESG and sustainability Hazardous substances and chemicals Health and safety Key developments and resources Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Waste Producer responsibility schemes for waste Water, flooding and drainage Daily and weekly news alerts New and revised content Trackers Useful information Air emissions and climate change CCC issues advisory letter on the UK’s 2035 NDC. Following a request made on 8 August 2024 by the Secretary of State for Energy Security and Net Zero, Ed Miliband, the Climate Change Committee ( CCC) has released guidance on the UK’s 2035 Nationally Determined Contribution ( NDC). The CCC advises that the UK should...
UK developments Contracts for Difference ( Miscellaneous Amendments) Regulations 2024 SI 2024/ Draft: These draft Regulations would revise the Contracts for Difference ( Definition of Eligible Generator) Regulations 2014, SI 2014/2010 so that an individual who changes an ‘eligible generating station’ by decommissioning a section in order to replace it is treated as an eligible generator. The Contracts for Difference ( Allocation) Regulations 2014, SI 2014/2011 are likewise amended. They are intended to come into force on the day after they are made. See: LNB News 29/10/2024 23. EU developments ESAs publish 2024 joint report on principal adverse impacts disclosures under SFDR: The three European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority— ESAs) have issued their third annual report on disclosures of principal adverse impacts under the Sustainable Finance Disclosure...
Christopher Campbell, formerly vice-president of strategy within BHP’s iron ore division, said the company relied on its Brazilian subsidiary to flag any major concerns about the joint venture. The Australian miner faces a combined claim from more than 640,000 individuals, 46 Brazilian municipalities, companies and Indigenous peoples affected by the disaster. He said a BHP executive based in Brazil acted as the link to Samarco, the BHP and Vale SA joint venture operating the Fundao Dam, and would brief him in Australia if any significant problems arose. Campbell described this Brazil-based role as oversight of Samarco’s performance from the standpoint of a 50% shareholder, saying its main purpose was to monitor rather than provide assistance. BHP is being sued over the damage caused when toxic waste and mud tore through communities after the dam failed in 2015. The dam contained mining waste known as...
Public authorities have agreed to accept a proposal from BHP and Vale, the joint shareholders of the Samarco iron-ore project The accord emerges a week after a major group action began in the UK, connected to the disaster and encompassing as many as 620,000 Brazilians. BHP noted that the arrangement will not conclude cases in courts beyond Brazil, nor resolve matters elsewhere. The US$31.7bn figure also counts roughly US$7.9bn already directed to reparations since 2016. BHP added that the settlement remains subject to approval by the Brazilian Supreme Court at this stage......
ESG context and glossary Regulators, investors, employees, other stakeholders, and society more broadly are propelling companies to engage with their ESG ( Environmental, Social, Governance) agenda. In recent years there has been a clear cultural shift towards a worldwide community with a heightened social and environmental conscience. Domestic and international laws, rules, policies, politics, and broad commercial pressures together place both explicit and implicit expectations on companies to get their ESG strategy right. Responsible organisations will recognise the notion of ‘greenwashing’: the practice of making false or overstated assertions about a company’s environmental credentials and the sustainability of its products, services and environmental impact, so as to seem more environmentally aware and less harmful to the planet. Yet corporate and consumer ethics now reach beyond the ‘ E’. They also reflect a call for openness, integrity, and for modern commerce to be enlisted as a driver of...
International developments TGC publishes Transition Finance Market review to reach net zero The Global City ( TGC) has issued a report from the Transition Finance Market Review, setting out a high‑integrity framework to back UK and worldwide net zero ambitions. It calls for coordinated action by government, investors, businesses and civil society to shape policy and provide clear investment signals... See: LNB News 17/10/2024 74. Sources: Scaling Transition Finance: Findings of the Transition Finance Market Review FCA responds to market review on delivering finance for global decarbonisation and UK growth Client Earth files complaint with AMF against Black Rock for greenwashing Environmental law charity Client Earth has lodged a regulatory complaint with the French finance regulator ( AMF) against asset manager Black Rock for 'greenwashing'. Client Earth challenges Black Rock’s labelling of 18 actively managed retail investment funds as 'sustainable', despite significant investments in fossil fuel...
The European Commission has chosen 85 cutting-edge net zero initiatives across 18 nations to receive €4.8bn in grants from the Innovation Fund, signifying the largest allocation round since the Fund launched in 2020. These initiatives, spanning sectors such as......
In this issue: Key developments and materials 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 Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Key developments and materials Northern Ireland’s first Environmental Improvement Plan On 27 September 2024, the Department of Agriculture, Environment and Rural Affairs ( DAERA) unveiled Northern Ireland’s ( NI) inaugural Environment Improvement Plan ( EIP). Brendan Martyn, Director, and Caitlin Mc Peake, Solicitor, at Cleaver Fulton Rankin, share their views on the EIP. See News Analysis: Northern Ireland’s first Environmental Improvement Plan. UK Industrial Strategy Green Paper and Legal Services Invest 2035, the government’s industrial strategy green paper, was introduced at the International Investment Summit on 14 October 2024. A finalised version is expected in April 2025 to coincide with the spending review. Running from 2025 to 2035, this...
Practical delivery remains daunting, highlighted by the European Commission’s plan to push back by 12 months the commencement of the European Union Deforestation Regulation, allowing businesses extra time to ready themselves for its granular legal due diligence obligations. The range of moving parts companies must weigh includes: the EU Corporate Sustainability Due Diligence Directive, or CSDDD, which took effect at the end of July the significant ruling on supply chain oversight issued by the Court of Appeal in World Uyghur Congress v National Crime Agency in late June, and recent corporate supply chain shortcomings that have undermined trust and re-emphasised established benchmarks such as the UK’s Modern Slavery Act 2015 Alongside more enduring soft law, reference points include the Organisation for Economic Co-operation and Development Guidelines for Multinational Enterprises and the United Nations Guiding Principles on Business and Human Rights. Viewed together, these shifts underline the need to...
Why is a new strategy being consulted on? At this point, eight sectors have been singled out as offering strong potential for economic expansion. These ‘growth-driving sectors’ are: advanced manufacturing clean energy industries creative industries defence digital technologies financial services life sciences professional and business services As a green paper, the government is inviting views on the opportunities and obstacles facing each sector, while delving into niches that could become priority sub-sectors for growth. The next version of the strategy will set out tailored plans for all eight areas, informed by engagement with business, devolved governments, regions, and other relevant stakeholders. What are the key environmental aspects and other legal considerations arising from the consultation? Defence’s inclusion on a Labour list may seem unexpected, though it likely acknowledges the realities of ongoing conflicts worldwide. Lawyers advising clients in these fields will hope to see capital channelled into clean energy...
Victims of Brazil's worst ever environmental disaster Survivors of Brazil’s gravest environmental catastrophe are asking the High Court to hold BHP — then listed on the London Stock Exchange — responsible for the 2015 collapse of the Fundão dam, a facility it partly operated. The Brazilian claimants say their homes and means of earning a living were destroyed. Damages sought for an upcoming civil trial, brought on behalf of over 640,000 people, 46 Brazilian municipalities, companies and Indigenous peoples, are estimated at £36bn. Tom Cummins, a partner at Ashurst LLP, said the hearing will be closely watched because it spotlights issues often seen in cases brought in England by foreign claimants against multinationals. These include whether compensation should be pursued before an English court rather than in the country where the incident happened, and the degree to which multinational groups can be held...
What is the new legislation? The Water ( Special Measures) Bill (the Bill) sets out measures on regulation, governance, and the special administration of water and/or sewerage undertakers. It applies to companies across England and Wales, although certain provisions vary according to which side of the border a company operates. If enacted, it would result in amendments to several laws, including the Water Industry Act 1991, Water Resources Act 1991, and Environment Act 1995. What new powers does it provide? Remuneration and governance Under the Bill, Ofwat is granted authority to issue rules on the arrangements made by relevant undertakers for (a) remunerating their directors and other individuals, and (b) overseeing their governance, as deemed appropriate......
What is the background leading up to the publication of the Environmental Improvement Plan in Northern Ireland? The Environment Act 2021 ( EA 2021) entered into force on 25 July 2022. Under Schedule 2 of that Act, DAERA was placed under a statutory duty to prepare and publish an Environmental Improvement Plan ( EIP) within twelve months of commencement, namely by 25 July 2023. DAERA did not meet that timeframe and the first EIP for Northern Ireland was not issued by the deadline set by statute. On 8 July 2024, the Office for Environmental Protection ( OEP) announced an investigation into DAERA for an alleged breach of environmental law arising from the failure to adopt the inaugural EIP by 25 July 2023. That step followed a period of fraught correspondence between the OEP and DAERA, during which the OEP sought a formal account of the...
In this issue: Key developments Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Daily and weekly news alerts New and updated content Trackers Useful information Key developments Dan Corry to lead Defra regulatory review Economist Dan Corry has been tasked with an internal examination of regulation and the bodies overseeing it across the Department for Environment, Food and Rural Affairs ( Defra). The review will assess whether the present framework is fit for purpose and set out proposals to ensure Defra’s rules stimulate economic growth whilst safeguarding the environment. See: LNB News 16/10/2024 10. DBT opens...
UK developments CFRF publishes nature-related risk handbook and technical data guidance The Climate Financial Risk Forum ( CFRF) has released Nature-related Risk: Handbook for Financial Institutions, delivering practical direction to help financial institutions start to factor nature into decision-making and take steps to integrate it within risk management. Accompanying the handbook is Nature-related Risk: Technical Data Guidance for Financial Institutions, which sets out the nature data landscape and the main uses of nature-related datasets and tools, together with their key applications. See: LNB News 10/10/2024 62. CFRF: Nature-related Risk: Handbook for Financial Institutions CFRF: Nature-related Risk: Technical Data Guidance for Financial Institutions CFRF: Short- Term Scenarios Chapter CFRF: Mobilising Adaptation Finance to Build Resilience CFRF: Adaptation Finance- Related Case Studies CFRF Adaption Working Group user survey ......
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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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