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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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EU developments EFRAG publishes XBRL Taxonomy for ESRS sustainability statements The European Financial Reporting Action Group ( EFRAG) has unveiled its XBRL Taxonomy for European Sustainability Reporting Standards ( ESRS) Set 1, allowing ESRS statements to be digitally tagged. At the European Commission’s request, EFRAG has likewise released the XBRL Taxonomy for Article 8 disclosures. These digital taxonomies support the mark-up (‘tagging’) of sustainability reporting in a machine-readable XBRL format. This taxonomy will serve as the foundation for the European Securities and Markets Authority to draft regulatory technical standards governing the tagging of the ESRS sustainability statement. See: LNB News 02/09/2024 22. Source: EFRAG publishes the ESRS Set 1 XBRL Taxonomy......
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: Environmental disputes and proceedings Environmental information Environmental issues in transactions Waste producer responsibility regimes Water Daily and weekly news alerts New and updated content Trackers Useful information Environmental disputes and proceedings R (on the application of Fighting Dirty Limited) v Environment Agency The Administrative Court rejected the claimant company’s ( FDL) bid for judicial review concerning how sludge is environmentally regulated when spread on farmland. The claimant was a private company limited by guarantee with no share capital (that is, not-for-profit), founded by its three directors as a campaign group dedicated to finding and contesting legal and policy routes that enable pollution to reach the natural environment. Across all three versions, the sludge strategy set out a regulatory shift, regarded by the Agency as appropriate. That shift would transfer oversight of sludge used on...
In this issue: ESG and sustainability Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Daily and weekly news alerts New and updated content Trackers Useful information ESG and sustainability FCA publishes downloadable SDR labels The Financial Conduct Authority ( FCA) has refreshed its sustainability disclosure requirements ( SDR) webpage to include downloadable labels. The page offers distributors within scope of ESG 4.1.16R–4.1.19R access to the investment labels and sets out the conditions for their use. See: LNB News 19/08/2024 17. ESMA publishes translations of fund name guidelines The European Securities and Markets Authority ( ESMA) has issued translations, across all official EU languages, of its guidelines on fund names employing environmental, social and governance ( ESG) or sustainability-related terms, designed to protect investors from claims that are unsubstantiated or overstated. The guidelines will begin to apply three months after this...
UK developments FCA publishes downloadable SDR labels The Financial Conduct Authority ( FCA) has refreshed its Sustainability Disclosure Requirements ( SDR) page to include labels available for download. It offers distributors within scope of ESG 4.1.16R—4.1.19R access to the investment labels and sets out their full terms of use. See: LNB News 19/08/2024 17......
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Latest Q& A Useful information Air emissions and climate change DESNZ publishes letter to CCC on UK’s 2035 Nationally Determined Contribution The Department for Energy Security and Net Zero ( DESNZ) has released a letter from the Secretary of State for Energy Security and Net Zero, Ed Miliband, addressed to the Climate Change Committee ( CCC), requesting advice and direction on several elements of the UK's 2035 Nationally Determined Contribution. See: LNB News 09/08/2024 5. Energy for environmental lawyers Ofgem launches consultation on Future Energy Pathways guidance Ofgem has opened a consultation on its Future Energy Pathways ( FEP) guidance, aimed at the...
EU developments What EU opinion may mean for ESG product classification In June 2024, the European Supervisory Authorities ( ESAs) issued their opinion and recommendations in response to the European Commission’s review of the Sustainable Finance Disclosures Regulation ( SFDR), first announced in September 2023. The ESAs’ detailed input could wield significant influence over the Commission’s ultimate approach to SFDR review. Debevoise & Plimpton LLP’s international counsel, Jin- Hyuk Jang and John Young, together with associate Eike Björn Weidner, summarise and assess the principal recommendations. For further information, see News Analysis: What EU opinion may mean for ESG product classification......
In this issue: Air emissions and climate change Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change SAU publishes report on DESNZ’s proposed CCUS Scheme Following a request for advice from the Department for Energy Security and Net Zero ( DESNZ), the Subsidy Advice Unit ( SAU) has issued a report on the proposed Carbon Capture Use and Storage ( CCUS) Transport and Storage Regulatory Investment Model Support Scheme. The document sets out the SAU’s appraisal of DESNZ’s assessment of whether the proposal complies with the requirements of the Subsidy Control Act 2022. See: LNB News 07/08/2024 3. Scottish Government publishes position paper on Climate Change Bill The Scottish Government has...
This creates a significant legal exposure for UK businesses that import cotton from the Xinjiang Uyghur Autonomous Region ( XUAR), alongside other higher-risk goods like cocoa, sugar and cobalt, too. This piece examines the Court of Appeal’s judgment and considers what it means in practice for businesses, including in relation to companies’ supply chain due diligence. Background In April 2020, the World Uyghur Congress ( WUC) submitted material to the NCA alleging that grave human rights violations were occurring in the XUAR and asserting that cotton from the region was likely the product of forced labour. The NCA refused to open an inquiry, saying it was not obliged to act unless a particular consignment of cotton had been identified as criminal property. It further maintained that where a party in the supply chain had paid adequate consideration, ie, market value, the goods could no longer...
What are the practical implications of this case? Should the Court of Appeal’s position prevail and Fordham J’s approach be rejected, the bases for contesting policies through administrative law will be markedly narrowed. The so‑called ‘duty of prescription’—a duty to publish a policy indicating how discretion is to be exercised—now appears restricted to cases where a statute expressly requires it, or where such prescription is needed to satisfy the European Convention on Human Rights ( ECHR). Without those elements, it will not be possible to rely on any purported duty of prescription. It is helpful to recall why the duty was accepted in at least some contexts in Lumba. In that decision, Lord Dyson stated that, in certain situations, the rule of law requires an open and transparent statement by the executive of the circumstances in which broad statutory criteria will be applied ( Lumba at...
UK developments HMT publishes consultation and guidance on TCFD-aligned disclosure in annual reports HM Treasury ( HMT) invites views on the proposals in its Phase 3 Exposure Draft for Task Force on Climate-related Financial Disclosures, aligning disclosure within annual reports. The draft focuses on recommended reporting across the TCFD framework’s Strategy pillars. Submissions are requested by 19 September 2024. See: LNB News 25/07/2024 67......
R (oao World Uyghur Congress) v NCA [2024] EWCA Civ 715 Many companies now confront a fresh, or intensified, risk of prosecution for criminality within their supply chains and for linked money laundering offences. These exposures may emerge in unforeseen ways. Clothing producers, furniture manufacturers and food suppliers could be affected, as might investment firms, banks and commodity traders that are, whether directly or indirectly, connected to the proceeds of crime. In effect, a suite of laws designed to protect the environment and working conditions worldwide appears to have acquired sharper teeth in the UK. Enforcement authorities may initiate more investigations and prosecutions in this field, where previously they considered themselves unable to intervene. The consequences could shape everyday operations, even where businesses are never investigated or prosecuted by the state. Organisations may need to reassess their compliance frameworks to ensure they do not commit money...
In this issue Air emissions and climate change Energy for environmental lawyers Environmental liabilities, due diligence and insurance Environmental taxes, reliefs and incentives ESG and sustainability Key developments and materials Nature, biodiversity and habitat conservation Water, flooding and drainage Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Energy Secretary discusses the climate emergency with COP leaders Ed Miliband, Secretary of State for Energy Security and Net Zero, met Rt Hon Sir Alok Sharma ( President for COP26), HE Mukhtar Babaye ( COP29 President Designate), and HE Ana Toni, Brazil’s National Secretary for Climate Change and head of COP30, to consider the escalating urgency of the climate crisis. See: LNB News 29/07/2024 31. Energy for...
In this issue Air emissions and climate change Brexit Environmental enforcement and prosecutions Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Sources of environmental law Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Friends of the Earth’s climate change case before the High Court A claim advanced by Friends of the Earth ( Fo E), together with two co‑claimants, Doug Paulley and Kevin Jordan, came before the High Court in a ‘rolled‑up’ hearing on 23–24 July 2024. See: LNB News 23/07/2024 15. CCC issues 2024 assessment of progress on cutting emissions The Climate Change Committee ( CCC) has released its latest review of the government’s efforts to curb emissions. It stresses that the UK’s Third...
EU developments ESMA publishes opinion on the Sustainable Finance Regulatory Framework The European Securities and Markets Authority ( ESMA) has issued an opinion on the Sustainable Finance Regulatory Framework, outlining potential longer-horizon enhancements. While ESMA recognises the framework as already mature and equipped with measures to deter greenwashing, it notes that, over time, the regime can be refined to broaden investors’ ability to reach sustainable assets and to bolster the smooth operation of the sustainable investment value chain. See: LNB News 24/07/2024 52......
In this issue: Key developments and materials Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental information Environmental liabilities, due diligence and insurance ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers New Q& As Useful information Key developments and materials Judicial review— Environmental Principles Policy Statement, energy efficiency standards ( R ( Rights Community Action Ltd) v SSHLUC) This matter concerned a revision to government policy on local energy efficiency standards for new homes, and whether that alteration was lawful. Three grounds of judicial review were brought against the policy shift—none succeeded. Ground 1: the judge was satisfied that the section 19(1)...
Jeff Lane, 73, was found guilty at Swansea Magistrates’ Court in April 2022 of two offences linked to the unlicensed felling of around 2,000 trees across more than eight hectares (20 acres) of native and wet woodland within the Gower Area of Outstanding Natural Beauty near Swansea — a priority habitat owing to its ecological importance. The felling occurred between April 2019 and September 2020. Mr Lane’s appeal was unsuccessful, and he was again convicted at Swansea Crown Court in November 2022. The offences Mr Lane was convicted of were: Offence under section 17(1) of the Forestry Act 1967 ( FA 1967) for felling a tree without the authority of a felling licence from Natural Resources Wales ( NRW), the relevant forestry authority in Wales. A felling licence was required under FA 1967, s 9(1), as none of the limited exceptions in ss 9(2), 9(3) or 9(4)...
R (on the application of Rights Community Action Ltd) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1693 ( Admin) What are the practical implications of this case? Duty to have due regard to the EPPS This judgment bears on prospective challenges to policy choices where consideration of the EPPS occurs after the decision. One cannot simply presume that a post hoc appraisal fails to meet the requirement to have due regard; whether it does will be fact-specific, and turns on whether the appraisal was undertaken ‘in substance, with rigour and an open mind’. Local Planning Authorities’ powers to set energy efficiency standards For planning authorities intent on adopting energy performance benchmarks that exceed current building regulations, the route is to exercise the power in section 1(1)(c) of the Planning and Energy Act 2008 ( PEA 2008), often referred to as ‘the Merton rule’, and to...
Pan NOx Emissions Litigations [2024] EWHC 1728 ( KB) What are the practical implications of this case? The ruling distilled several central themes of costs management in extensive group proceedings, with potential read-across to other high-value disputes. It confirmed that, notwithstanding sizeable sums, the court will not allow an open chequebook approach to costs. Approach to agreed costs With the parties’ agreement, the court set budgets for items they had already settled. Strictly, that cut across CPR 3.15(1), which prevents judicial intervention in approved phases. The judges observed, however, that the court could instead decline approval entirely and require fresh budgets. Their course delivered the same practical result without direct interference. Proportionality The court stressed that every factor in CPR 44.3(5) feeds into the proportionality assessment, and it also underlined a separate test of reasonableness, namely costs ‘bearing some resemblance to the work reasonably required to properly, but...
In this issue: General Election 2024 Air emissions and climate change Energy efficiency in buildings Energy efficiency of products Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental liabilities, due diligence and insurance ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Sources of environmental law Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information General Election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges These News Analyses bring together practice area coverage of the 2024 General Election. They include expert commentary, Practical Guidance, up-to-date news, analytical pieces and journal contributions. For Environment, the spotlight falls on the pledge for clean power by 2030, Great British Energy, the warm homes plan, quicker progress to net zero and climate leadership, as well as protecting nature, clean water, waste, farming and animal welfare, and the consequences of manifesto promises for these themes. See News Analysis: What does a new Labour...
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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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