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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Background ITLOS is the tribunal set up to settle disputes and issue opinions regarding the United Nations Convention on the Law of the Sea 1982 ( UNCLOS), and serves as the forum for interpreting and applying UNCLOS in practice. In December 2022, the Commission of Small Island States on Climate Change and International Law ( COSIS) asked ITLOS for an advisory opinion on states’ duties under UNCLOS concerning existing or foreseeable damage to the marine environment caused by climate change. COSIS consists of a small group of island nations from the Caribbean and Pacific, each especially exposed to the effects of climate change. The Opinion The Opinion, endorsed unanimously by all ITLOS judges, sets out clear findings and guidance on how far states are obliged to: prevent, diminish and manage marine pollution in relation to harmful effects that arise, or are likely to arise, from...
In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Scottish Government publishes climate change monitoring report The Scottish Government has released its 2024 annual monitoring report for the Climate Change Plan, charting delivery against the goals set by the Climate Change ( Emissions Reduction Targets) ( Scotland) Act 2019. Progress is evaluated via a framework combining greenhouse gas statistics, policy outcome indicators and a policy tracker, promoting openness and accountability. The report points to marked advances across sectors, propelled by more than 200 policies targeting net zero by 2045. Notable actions include the refreshed...
UK developments FCA chair discusses UK asset management issues Ashley Alder, chair of the Financial Conduct Authority ( FCA), has presented an updated iteration of a speech first delivered in February 2024. His remarks ranged across the Smarter Regulatory Framework, private finance, non-bank financial intermediation and valuations, retail investments, sustainability disclosure requirements, and innovation. Highlighting the FCA’s new international competitiveness objective, Alder explained that, at each stage of decision-making, the regulator evaluates choices that further its core operational aims and judges which of these can also promote growth and competitiveness......
In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental enforcement and prosecutions Environmental liabilities, due diligence and insurance Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change UK ETS Authority opens consultations to broaden the scheme and curb emissions The UK Emissions Trading Scheme ( ETS) Authority has unveiled a suite of consultations to expand the ETS and further cut carbon emissions. The first consultation proposes bringing fossil CO2 emissions from energy-from-waste and waste incineration sectors into the UK ETS from 2028. The second examines how engineered greenhouse gas removal technologies, such as direct air carbon capture (where carbon dioxide is extracted from the air and permanently stored), could be incorporated into the ETS, and whether carbon stored through the creation of new UK woodland would be suitable for the scheme. The UK ETS...
UK developments Clarity is central theme in FCA's greenwashing guidance News analysis: The Financial Conduct Authority ( FCA)’s anti-greenwashing rule is scheduled to take effect on 31 May 2024, prompting the UK regulator to issue industry guidance on 23 April 2024 to assist firms with compliance. For more information, see News Analysis: Clarity is central theme in FCA's greenwashing guidance, authored by Jason Halper, partner, Duncan Grieve, partner, and Alix Prentice, partner, at Cadwalader Wickersham & Taft LLP, who examine the FCA’s greenwashing guidance......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Carbon Budget Plan judicial review succeeds ( R ( Friends of the Earth and others) v Secretary of State for Energy Security & Net Zero) This claim concerns the government’s obligations under the Climate Change Act 2008 ( CCA 2008). Central to it is the Secretary of State’s duty to formulate and lay before Parliament proposals and policies which, in his judgement, ‘will enable the carbon budgets’ to be met ( CCA 2008, s 13(1)). The judicial review challenged the Carbon Budget Delivery Plan (‘the CBDP’), approved by the Secretary of State and placed before...
Carbon Budget Plan judicial review succeeds ( R ( Friends of the Earth and others) v Secretary of State for Energy Security & Net Zero) Friends of the Earth, Clientearth, and the Good Law Project v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 ( Admin) What are the practical implications of this case? This ruling carries weighty consequences for government, most immediately for the Department of Net Zero and Energy Security. The political fallout is notable. Ministers have confirmed no appeal will be pursued and have promised to place a legally robust report before Parliament within 12 months. That exercise will unfold amid pronounced external, and likely sceptical, scrutiny. It is foreseeable that the same groups who overturned the 2021 Net Zero Strategy and, in 2023, the CBDP, will monitor the process closely. All this will occur as a general...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Key developments and materials Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Defra updates UK and England's carbon footprint publication with 2021 figures Defra — the Department for Environment, Food and Rural Affairs — has refreshed its England and UK carbon footprint release to incorporate 2021 data. The analysis indicates an estimated 15% uplift in the UK’s carbon footprint between 2020 and 2021, driven by higher emissions across all activity types, with the sharpest rise linked to...
In this issue: Air emissions and climate change Energy efficiency and buildings Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Marine Waste Waste producer responsibility regimes Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Friends of the Earth win case finding government’s climate plan ‘unlawful’ Friends of the Earth has secured a landmark High Court ruling that the climate strategy put forward by the Secretary of State for Energy Security and Net Zero is unlawful. The court held that the government’s decision to adopt the Carbon Budget Delivery Plan breached the Climate Change Act 2008. See: LNB News 03/05/2024 70. DESNZ launches call for evidence on NPT and cross-border CO2 networks The Department for Energy Security and Net Zero ( DESNZ) has issued a call for evidence, inviting views on the deployment of non-pipeline transport and the creation of cross-border CO2 networks......
EU developments EFRAG and ISSB release guidance on aligning EU and global sustainability reporting standards The European Financial Reporting Advisory Group ( EFRAG) and the International Sustainability Standards Board ( ISSB) have issued guidance detailing how European and international sustainability reporting standards can interoperate. The aim is to assist businesses that plan to meet both sets of requirements, with a specific emphasis on climate reporting......
In this issue: Air emissions and climate change Pollution and contamination Building energy efficiency Energy for environmental lawyers Environmental litigation and proceedings Environmental enforcement and prosecutions Environmental liability, insurance and due diligence ESG and sustainability Nature, biodiversity and habitat protection Waste Producer responsibility schemes for waste Water, flooding and drainage Lex Talk®Environment: a Lexis®Nexis community News alerts—daily and weekly Updated and new content Trackers Latest Q& A Useful information Air emissions and climate change Battery deployment key to meet global climate targets In its report, the International Energy Agency ( IEA) highlights that batteries are pivotal to delivering global energy and climate ambitions and addressing climate change. By 2030, storage capacity must expand sixfold, with batteries accounting for about 90% of new capacity and the remainder provided by pumped...
Special Report on Batteries and Secure Energy Transitions In its Special Report on Batteries and Secure Energy Transitions, the IEA unequivocally declares that batteries are absolutely vital if the world is to achieve energy security and climate objectives established at COP28 in the ongoing battle against global warming. Following a more than twofold rise in power‑sector deployment last year, batteries must spearhead a sixfold expansion of global energy storage capacity to put 2030 goals firmly within practical reach. According to the new IEA report, battery growth surpassed nearly every other major clean energy technology in 2023, as sharply declining costs, rapid innovation and supportive industrial policies worldwide boosted demand for a solution that will be essential to meeting the climate and energy targets set out at the COP28 climate conference in Dubai......
At first reading, the European Parliament formally approved the legislative proposal for a directive of the European Parliament...
In this issue: Air emissions and climate change Energy efficiency of products ESG and sustainability Hazardous substances and chemicals Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Scottish Government announces new measures for climate action The Scottish Government has unveiled a fresh suite of climate policies. Actions spanning transport, land use and agriculture are designed to underpin its pledge to reach net zero by 2045. On transport, plans include rolling out more electric vehicle charge points, creating a national integrated ticketing system for public transport, and steps to hasten the shift from Internal Combustion Engine vehicles to zero emission vans and other vehicles. For agriculture, proposals cover funding for Tier 2 of the...
It speaks to the current moment that a study by the UN Environment Programme ( UNEP) and Columbia Law School’s Sabin Center for Climate Change recorded 2,180 climate change legal actions pending between 2020 and 2022. The number underscores the magnitude of the matter in legal terms. On 9 April 2024, the European Court of Human Rights ( ECt HR) delivered, for the first time, rulings in three distinct climate cases: Duarte Agostinho and Others v Portugal and 32 Others Verein Klima Seniorinnen Schweiz and Others v Switzerland Carême v France The ECt HR also set a landmark by becoming the first international court to grant a complaint brought by climate activists. Although two actions ( Agostinho and Carême) were struck out on procedural grounds, in all three matters the applicants alleged violations of human rights arising from states’ failures to take adequate measures to reduce...
In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental permits and consents ESG and sustainability Key developments and materials Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ publishes ICC and Waste ICC business models update The Department for Energy Security and Net Zero ( DESNZ) has issued the April 2024 update to the industrial carbon capture ( ICC) business models. It details the government’s refreshed proposals for the ICC and Waste ICC business models for projects joining the carbon capture, usage and storage ( CCUS) Cluster Sequencing Track-1 expansion and Track-2 pathways. See: LNB News...
The Competition and Markets Authority ( CMA) has issued informal guidance providing businesses with additional detail on its open-door policy, as described in section 7 of the Green Agreements Guidance. The open-door policy is specifically......
This marks the first stage of the regulator’s climate‑related financial disclosure regime to be enforced, covering all FCA‑authorised firms, with rules on the labelling and marketing of investment products arriving later this year from July (see FCA, PS23/16: Sustainability Disclosure Requirements ( SDR) and investment labels, 28 November 2023). The regime extends to regulated activities undertaken by private enterprises, listed companies and public sector bodies alike. These measures are intended to ensure that statements made by regulated entities about the sustainability credentials of supposedly green products and services are fair, clear, not misleading, and consistent with the sustainability profile of the product or service. Yet are the new rules sufficient to resolve the problem of misleading information about a company’s green credentials and its products and services? Are these anti‑greenwashing provisions anything more than a greenwashing exercise themselves? They play well in public...
EU developments European Commission publishes PSF intermediate report on monitoring capital flows to sustainable investments The Platform of Sustainable Finance ( PSF), which advises the European Commission, has released an intermediate report concerning the ‘monitoring of capital flows to sustainable investments’. The report’s intention is to set out an architecture enabling measurement of the effective contribution of finance towards meeting the objectives of the European Green Deal, providing a basis for tracking how finance supports these goals over time consistently......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents 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 EA publishes methane action plan 2024–26 The Environment Agency ( EA) has released its methane action plan 2024–26, outlining measures to reduce methane emissions in England. The plan covers the period 2024 to 2026. The EA plays a significant regulatory role in reducing methane, and the plan sets three objectives: to enhance data, to maximise the effectiveness of regulation, and to work with external partners and other countries. See: LNB News 08/04/2024...
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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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