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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Some of the world’s largest carmakers now face actions from 1.5m drivers over alleged manipulation of emissions testing. Yet Judge Adam Constable, sitting with Senior Costs Judge Andrew Gordon- Saker, condemned the claimants’ legal spend as ‘staggering’ and ‘frankly absurd’. According to the ruling, the amounts advanced by both sides—especially by the claimants—bore no sensible relation to the work genuinely required if done efficiently and without duplication. The bench slashed the claimants’ projected costs from £208m to £52m, while the defendants’ budget was cut from £211m to £114m. A request for comment from the claimants’ representatives went unanswered. While the court accepted the scale and intricacy of proceedings against 16 major manufacturers, among them Mercedes, Ford and Nissan, it concluded that the work underway was laden with charges that could not properly be justified......
On 8 July 2024, the Treasury, the Department for Levelling Up, Housing and Communities ( DLUHC) and the Department for Energy Security and Net Zero issued a joint policy statement on onshore wind (the Policy Statement), anchored by a pledge to ‘double onshore wind energy by 2030’. It outlined immediate steps to lift the de facto restriction on onshore wind in England and to amend planning policy so that onshore wind is treated on a par with other energy development in the NPPF. That same day, Rachel Reeves, the Chancellor of the Exchequer, delivered a speech underscoring the central role of planning reform in the government’s programme to rebuild Britain’s economy (see: LNB News 08/07/2024 24), declaring an end to the ‘absurd ban on new onshore wind in England’ and launching a consultation on reinstating onshore wind within the nationally...
What are the key priorities of the Hungarian Presidency? The core priorities under the Hungarian Presidency include: a new European Competitiveness Deal strengthening European defence policy a coherent and merit-based enlargement policy curbing illegal migration shaping the future of cohesion policy a farmer-focused EU agricultural policy tackling demographic challenges What are the priorities of the Presidency regarding Commercial? On the overhaul of the Late Payment Directive, the Hungarian Presidency seeks agreement on a general approach to the proposed amendment and to commence trilogue talks with the European Parliament. Driven by ongoing digitalisation, the Alternative Dispute Resolution Directive is being updated, and the Presidency intends to advance this file. It will also continue work on the proposed Toy Safety Regulation... What are the priorities of the Presidency regarding Dispute Resolution? In e- Justice cooperation, the Presidency will examine how AI can be...
The RHI scheme The RHI initiative provided subsidies for burning woodchip to heat workplaces and for industrial operations. As programme costs increased in Northern Ireland, support was sharply reduced in April 2017. Following this, the Department and Ofgem, which administered the scheme, scrutinised heat usage at accredited sites. A key obligation on participants was that ‘they must not generate heat for the predominant purpose of increasing their periodic support payments’ ( Renewable Heat Incentive Scheme Regulations ( Northern Ireland) 2012, reg 33(p)). In 2021, Ofgem revoked the accreditation of two Dennison Commercials boilers, relying on a substantial and unexplained drop in usage after the subsidy cuts. It also sought repayment of alleged excessive payments. Dennison Commercials applied for a review by the Department’s panel under the regulations, but this was refused. The company then brought judicial review proceedings ( Application by Dennison...
The Labour Manifesto Labour’s manifesto, titled ‘ Change’, was released ahead of the General Election. It outlines a programme of actions the party vowed to deliver once in office, as has now occurred. The document says ‘ the climate and nature crisis is the greatest long-term global challenge that we face’ and that ‘ economic growth, energy security, lower bills, and addressing climate change can be complementary ’. Consequently, most green commitments sit in the second of five missions to ‘rebuild Britain’, focused on making ‘ Britain a clean energy superpower’. At the heart of this is the Green Prosperity Plan, which—working with business through a National Wealth Fund—will invest to help the most energy intensive sectors decarbonise. The Manifesto also pledges action on the nature emergency, addressing pollution in rivers and seas, widening access to nature, supporting...
Insurance Europe and the European Insurance CFO Forum warned in a 3 July 2024 position paper that the current limitations give an incomplete view of insurers’ sustainability, putting the industry at a competitive handicap versus others. The EU’s taxonomy rule sets out which activities are sustainable for use in mandatory disclosures by insurers and other companies. It aims to shield investors from misleading claims about sustainability levels. The required reporting is anchored in key performance indicators, or KPIs, designed to reflect sustainability levels in investments and the premiums collected to profitably cover insurance risk. Insurers must disclose how much of their investing and underwriting is taxonomy-eligible, meaning it serves its environmental aims, such as climate change adaptation. However, there are several shortcomings which mean the insurance taxonomy KPIs as currently framed, in their present form and scope, remain...
Clean power by 2030 The government has set ambitious goals to double onshore wind, triple solar generation, and increase offshore wind fourfold by 2030. The previous administration's de‑facto block on onshore wind that existed is anticipated to be lifted 'immediately'. It also plans investment in carbon capture and storage, hydrogen and marine energy technologies, and to secure the UK's access to long-duration energy storage. At the same time, the government is expected to retain a strategic back-up of gas-fired power stations to safeguard security of supply, and acknowledge a continuing place for oil and gas within the UK's energy mix. Establishment of Great British Energy Within its first year in office, the new government plans to create a publicly owned clean energy company, ' Great British Energy'. Great British Energy will collaborate with energy firms, local authorities and co-operatives to co-invest in clean power schemes,...
UK developments FCA reminds firms of notification requirement when using an investment label The Financial Conduct Authority ( FCA) has refreshed its webpage on the sustainability disclosure and labelling regime, providing firms with guidance on how to notify the regulator of a fund’s use of an investment label. The page sets out the end-to-end notification process and supplies particulars on how to apply for any associated amendments to a fund’s name, investment objectives, or policy. See: LNB News 01/07/2024 71. EU developments Commission publishes report on climate-related risks to financial stability The European Commission has published a report on the monitoring of climate risks to financial stability in the EU......
In this issue: Key developments and materials Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental assessment Environmental enforcement and prosecutions Environmental information ESG and sustainability Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Key developments and materials The Lexis Nexis Environment team reviews standout environmental law shifts in 2024 so far, spanning chemicals, climate change litigation, emissions trading, ESG and sustainability, as well as protection of nature, biodiversity and habitats, and waste. See News Analysis: Environmental law developments—mid-year review 2024. Air emissions and climate change Supreme Court rules planning permission unlawful for failing to consider downstream greenhouse gas emissions from oil production ( R ( Finch) v Surrey County Council) By a 3:2 majority, the Supreme Court found that planning consent for commercial oil production was unlawful because it did not assess the...
The first six months of 2024 have again been lively for developments in environmental law. The Environment team at Lexis Nexis® highlight a selection below. They are also closely watching this week’s election outcome and will provide insight on what it signifies for environmental law... Chemicals Throughout 2024, the regulatory framework for chemicals has continued to shift in the post- Brexit context. After Defra set out the government’s plans for an alternative transitional registration model ( ATRm) for UK REACH in late 2023, it launched a consultation on an alternative ATRm for UK REACH in May 2024. These proposals respond to industry concerns over the costs of accessing EU data packages to support UK REACH transitional registrations. A second consultation, to be backed by a Statutory Instrument and a final impact assessment, is planned to...
With decarbonisation topping many agendas, businesses are understandably seeking to support the net-zero journey while also tuning in to consumer expectations around sustainability. Consequently, anyone approving advertising and marketing ( A& M) materials needs a firm grasp of the rules on environmental claims, and should take heed of examples from ASA rulings to date. In this article, we cover: the rules the ASA applies when assessing advertising complaints what we have learned from the ASA’s rulings so far what clients and their A& M teams need to know about making green claims What are the rules relating to environmental claims? The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) set the standards the ASA applies when considering complaints and deciding whether to uphold them in its...
On 27 June 2024, the Court of Appeal held that the NCA acted unlawfully by declining to probe imports of cotton linked to forced labour in China’s Xinjiang region. Reversing a 2023 High Court decision, the appeal judges found the agency had misapplied its own investigative framework under the Proceeds of Crime Act 2002 ( POCA 2002) when dealing with suspected illicit assets. ‘ It’s a game changer’, said Matthew Banham of Seyfarth Shaw ( UK) LLP. ‘ Corporations now have an obligation to make sure they are not committing money laundering offences through their supply chains.’ Crucially, the court ruled the NCA does not need hard proof of criminal conduct before commencing a proceeds-of-crime inquiry. It further determined that criminal property—here, cotton produced through forced labour—is not invariably purified or legitimised by later payment of market price. Lloyd Firth of Wilmer Hale noted the...
UK developments FCA unveils inaugural ESG investigation into a business — Law360 reports that, on 20 June 2024, the Financial Conduct Authority ( FCA) commenced its first enforcement probe into a company regarding climate-related matters, according to lawyers from an environmental legal campaign group. See: FCA unveils inaugural ESG investigation into a business International developments ISSB issues feedback statement on IFRS Sustainability Disclosure Standards — The International Sustainability Standards Board ( ISSB) has released its 2024 feedback statement concerning the International Financial Reporting Standards ( IFRS) Sustainability Disclosure Standards......
In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental information and access to justice Environmental permits and consents ESG and sustainability Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council The Supreme Court upheld the claimant’s appeal from a Court of Appeal ruling concerning the Town and Country Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the 2017 Regulations), which implement European Union Directive ( EU) 92/11 (the EIA Directive). The appeal addressed the duty to carry out an environmental impact assessment ( EIA) for a proposal to drill for oil. The...
Abbot v The Information Commissioner [2024] UKFTT 478 ( GRC) What are the practical implications of this case? This ruling mirrors the approach in other recent decisions on the operation of the exception to disclosure under EIR 2004, SI 2004/3391, reg 12(5)(b), again stressing the considerable weight that legal professional privilege carries within our justice system. It therefore highlights the obstacles applicants will encounter when attempting to access documents protected by legal professional privilege, and that only ‘special or unusual’ circumstances are likely to be sufficient for the public interest in disclosure to prevail over the interest in preserving legal professional privilege. That said, legal professional privilege was not the Tribunal’s only concern when concluding that EIR 2004, SI 2004/3391, reg 12(5)(b) applied. The Tribunal indicated that the exception would have been engaged even without legal professional privilege, particularly because releasing the material would not have added...
EU developments RTS on the disclosure of information related to the principal adverse impacts on sustainability factors under the Securitisation Regulation published in Official Journal Commission Delegated Regulation ( EU) 2024/1700, concerning regulatory technical standards ( RTS) that define, for simple, transparent and standardised ( STS) non- ABCP traditional securitisations and STS on-balance-sheet securitisations, the scope, approaches and format of disclosures, including methodologies and presentation requirements, on the principal adverse impacts of assets funded by the underlying exposures on sustainability factors under Regulation ( EU) 2017/2402 (the Securitisation Regulation), has now been published in the Official Journal. See: LNB News 18/06/2024 12......
EU nuclear, gas and geothermal industries have been placed at the centre of the forthcoming six‑month Hungarian presidency of the Council of the EU, scheduled to start on 1 July 2024. On 18 June 2024, Hungarian officials presented their programme for guiding the Council’s regulatory agenda for their tenure, describing the politically sensitive nuclear power as 'one of the pillars of the success of the green transition' and pledging to back 'initiatives in this area' throughout their term. In their paper, the officials explicitly highlighted securing 'affordable energy prices for all energy sources' for EU consumers across the bloc, recalling this as a key contributor to the Union’s competitiveness and, indeed, their number‑one priority for the presidency. Under the banner of a ' New European Competitiveness Deal', they vowed to embed the strengthening of the EU’s...
In this issue: Air emissions and climate change Contamination and pollution Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change UK ETS Authority extends waste consultation deadline The UK Emissions Trading Scheme ( ETS) Authority has deferred, by two weeks, the consultation on the proposed expansion of the ETS so that it encompasses energy from waste and waste incineration facilities, in order to enable additional engagement with stakeholders following the election. The consultation will now close on 2 August 2024. See: LNB News 14/06/2024 15... The Scottish government publishes progress report on its clearer air strategy The Scottish government has published a progress report on delivering actions to reduce air...
Pevensey Coastal Defence Ltd v Environment Agency [2024] EWHC 1435 ( TCC)) What are the practical implications of this case? This dispute is highly fact‑sensitive, largely focused on construing terms in a particular PFI contract. Nonetheless, some issues of broader interest arise from the circumstances prompting the claim and the treatment of clauses addressing adverse weather — here, the escalation in storm activity along the Sussex coast — within a PFI arrangement that began in 2000 and ends in 2025. Parties might scrutinise the Change Control Schedule wording in the judgment and decide whether to seek the same outcome recognised here (namely, that costs could be recoverable where there has been a material rise in storm incidents/adverse weather). In essence, the issue was whether the Change Control Schedule allowed recovery of extra costs from a material uptick in storm events. Similar PFI parties should review that...
In this issue: Air emissions and climate change Energy efficiency and buildings Environmental information Marine Waste Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change International Tribunal for the Law of the Sea gives advisory opinion on climate change and international law On 21 May 2024, the International Tribunal for the Law of the Sea ( ITLOS) issued an advisory opinion concerning climate change and public international law. The ruling has drawn notable attention and sparked extensive commentary. That reaction reflects both the scarcity of ITLOS advisory opinions and the fact that this marks one of the earliest, perhaps the first, times an international (rather than regional or national) court has addressed states' duties relating to climate change. Richard Lord KC, a Barrister at Brick Court Chambers, offers a...
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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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