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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 Sustainability reporting standards for listed SMEs and specific sectors to be postponed The Council of the EU and the European Parliament have struck a provisional deal to defer by two years the adoption of the European sustainability reporting standards ( ESRS) for third-country companies, SMEs and selected sectoral areas, thereby amending Directive ( EU) 2022/2464 (the Corporate Sustainability Reporting Directive)... Publication of this ESRS package moves from 30 June 2024 to 30 June 2026. Listed SMEs and companies in specific sectors will benefit from an extra two years to get ready for the revised reporting requirements. The timetable for third-country (ie non- EU) companies is unchanged: CSRD obligations and associated ESRS will apply for financial years starting on or after 1 January 2028. See: LNB News 08/02/2024 32. Source: Council and Parliament agree to delay...
In this issue: Energy efficiency and buildings ESG and sustainability Hazardous substances and chemicals Health and safety Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Energy efficiency and buildings Better Buildings Partnership ( BBP) launches refreshed Green Lease Toolkit to start 2024. On 29 January 2024, the BBP released an enhanced, updated edition of its Green Lease Toolkit, open to all at no cost, free of charge. Cheryl Gurnham, partner at CMS Cameron Mc Kenna Nabarro Olswang LLP, together with Warren Gordon, senior professional support lawyer at CMS, share insights addressing frequently raised queries and concerns. See News Analysis: Better Buildings Partnership ( BBP) unveils revitalised Green Lease Toolkit to kickstart 2024. ESG and...
What does the toolkit comprise? While the heart of the toolkit is a set of model green lease clauses, free for anyone to adopt and weave into their leases, it also offers a range of supplementary materials. There is an explainer on what green leases involve and why they matter. You’ll also find advice for preparing heads of terms, since addressing sustainability from the outset is vital to securing inclusion of the clauses and to ensuring both sides engage with sustainability from the beginning of the relationship. Further content supports the owner–occupier dynamic, alongside case studies and links to additional helpful sources. The legal provisions span multiple themes and, with light, medium and dark green variants, provide the flexibility to meet people wherever they are on their sustainability journeys. How does it differ from the previous toolkit? The last refresh was in 2013. The new edition is...
Original news LMA publishes second edition of external review guidance on green, social and SLLs— LNB News 25/01/2024 79 The LMA has issued the second edition of the ‘ External Review Guidance for Green, Social and Sustainability-linked Loans ( SLLs)’, created in partnership with the Asia Pacific Loan Market Association and the Loan Syndications and Trading Association. This refreshed guidance sets out the prevalent forms of external review across the loan market and aims to spur greater liquidity in sustainable finance. What are the headline differences between the 2022 Guidance and the 2024 Guidance—in summary?......
UK developments FCA publishes new webpage on the sustainability disclosure and labelling regime The Financial Conduct Authority ( FCA) has released a webpage outlining its latest actions to strengthen confidence and clarity around sustainable investment products and to limit greenwashing. The page explains how the rules apply to firms and features a table showing the implementation timetable. See: LNB News 02/02/2024 67. Source: Sustainability disclosure and labelling regime......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Environmental disputes and proceedings Environmental enforcement and prosecutions ESG and sustainability Environmental taxes, reliefs and incentives Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Sources of environmental law Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ publishes UK greenhouse gas emissions national statistics The Department for Energy Security and Net Zero ( DESNZ) has released the definitive official UK greenhouse gas emissions estimates covering the years from 1990 to 2022. For ease of reporting, DESNZ has grouped emissions within the Territorial Emissions Statistics into these sectors: electricity supply, fuel supply, domestic transport, buildings and product uses, industry, agriculture, waste, and land use, land use...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Health and safety Key developments and materials Nature, biodiversity and habitat 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 EA publishes update on goal to reach net zero The Environment Agency ( EA) has issued a report setting a refreshed objective to achieve organisational net zero between 2045 and 2050. Reflecting the revised SBTi definition of net zero, the EA intends to rely less on offsetting than originally envisaged, and will confine any offsets to UK nature-based solutions, which means it will not meet its...
UK developments HMT extends Transition Plan Taskforce mandate The Transition Plan Taskforce ( TPT) has confirmed that HM Treasury ( HMT) has now prolonged its mandate until at least 31 July 2024, with a potential further three month extension to the very end of October 2024, to support the Transition Finance Market Review ( TFMR), which was launched on 22 January 2024. See: LNB News 25/01/2024 44. Source: The TPT’s mandate has been extended. New one minute guide on the FCA’s Sustainability Disclosure Requirements ( SDR) and Labelling Regime The Lexis Nexis Financial Services practical guidance team, working with knowledge counsel, Chris Ormond, and partner, Dr Andrew Henderson of Goodwin LLP, has released a new one minute guide that presents a concise summary of the key requirements of the UK Sustainability Disclosure Requirements ( SDR) and labelling regime. See: The FCA’s...
EU developments EBA consults on identification, measurement, management and monitoring of ESG risks The European Banking Authority ( EBA) has opened a consultation on proposed guidelines covering environmental, social and governance ( ESG) risk management. The draft sets out what institutions should do to identify, quantify, manage and oversee ESG risks, and calls for strategies and plans to tackle exposures linked to the shift towards an EU climate-neutral economy. Feedback is requested by 18 April 2024. See: LNB News 19/01/2024 26. Source: The EBA consults on guidelines on the management of ESG risks. EFRAG launches consultation on two exposure drafts on SMEs sustainability reporting standards The European Financial Reporting Advisory Group ( EFRAG) has started a public consultation on the ESRS exposure draft for listed SMEs, alongside a voluntary reporting draft for non-listed SMEs. The consultation runs until 21 May 2024, inviting all...
In this issue: Air emissions and climate change Brexit Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental permits and consents Environmental reporting, management and responsible business ESG and sustainability Hazardous substances and chemicals Key developments and materials Marine Waste Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts Trackers New and updated content Useful information Air emissions and climate change The Department for Energy Security and Net Zero has begun a consultation on proposed transitional support to aid large-scale biomass electricity generators in moving to power bioenergy carbon capture and storage (power BECCS). Feedback is sought on the overall approach as well as potential design features. An impact assessment accompanies the consultation, which closes on 29 February 2024. See: LNB News 18/01/2024 35. The Department for Business and Trade has published guidance for UK exporters that distils the European Commission’s guidance on the European Union’s Carbon Border Adjustment Mechanism ( CBAM)......
Friends of the Earth Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 3255 ( KB) What are the practical implications of this case? This case supplies a concise restatement of the principles governing requests for specific disclosure in judicial review proceedings that challenge planning permission granted by the So S, with particular emphasis on applications concerning Ministerial Submissions. It confirms the approach in earlier authorities and decisions: disclosure will be directed only where doing so would genuinely and materially aid the court in performing the task before it. The judge observed that there has been only one decided statutory planning matter in which disclosure of a Ministerial Submission was ordered— Ball v Secretary of State for Communities and Local Government [2012] EWHC 3590 ( Admin). In that instance, a claim of actual or apparent bias was...
Covering the cost of the energy transition will demand at least €620bn a year through 2030, the European Commission estimates, a figure Christine Lagarde, president of the European Central Bank, highlighted in Davos there. ' Do we have the money? No,' she said, noting that governments lack sufficient fiscal room to step in, while 'banks can take some of it on, but it's not enough'. Lagarde once more floated the idea of creating an......
UK developments FCA announces establishment of industry-led working group for financial advisers The Financial Conduct Authority ( FCA) revealed it has named Daniel Godfrey as chair and Julia Dreblow as vice-chair of a new working group dedicated to strengthening sustainable finance capability throughout the financial advice industry, more widely. The Personal Investment Management & Financial Advice Association ( PIMFA) will act as the secretariat. See: LNB News 16/01/2024 30......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental reporting, management and responsible business Environmental taxes, reliefs and incentives ESG and sustainability Waste Waste producer responsibility regimes Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change TCPA publishes White Paper about planning for climate change The Town and Country Planning Association, together with the Royal Town Planning Institute, has released a White Paper titled ' The Climate Crisis: A Guide for Local Authorities on Planning for Climate Change'. It outlines the pivotal part of the planning system in creating low‑carbon places by boosting energy efficiency, sustainable transport and renewable energy. It also emphasises that long-term, strategic planning is essential to design measures that shield places from extreme weather. See: LNB News 17/01/2024 64. PINS reports on consent for Drax Bioenergy with Carbon Capture and...
ISDA launches clause library for sustainability-linked derivatives ( SLDs) ISDA has introduced a clause library for sustainability-linked derivatives ( SLDs), created to remove unnecessary differences and enhance standardisation within this market, delivering a negotiation process that is smoother, more consistent and more efficient overall......
The Environment Agency has announced that it has blocked access to an apparent illegal waste site in Ashford, Kent, to prevent further alleged illegal tipping the authority stated......
EU developments European Sustainability Reporting Standards now take effect. Commission Delegated Regulation ( EU) 2023/2772 of 31 July 2023, which supplements Directive 2013/34/ EU of the European Parliament and of the Council as regards sustainability reporting standards, has duly been published in the Official Journal. See: LNB News 02/01/2024 11......
Ambassadors from EU Member States have endorsed the Council of the EU’s partial mandate for negotiations on the proposed Strategic Technologies for Europe Platform ( STEP). STEP aims to bolster investment in critical technologies across digital and deep tech, clean tech and biotech, reduce the EU’s strategic dependencies and strengthen the EU’s long-term competitiveness......
In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances Wildlife and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Energy efficiency and buildings Government reviews barriers to adopting energy efficiency and low carbon heating measures to historic homes The UK government has issued a review examining the obstacles encountered when upgrading historic homes for improved energy efficiency and low‑carbon heating. To deliver its 2050 net zero ambition, housing needs to be made as energy efficient as possible. Recognising the wide range of particular considerations that arise with heritage properties, the government has outlined a package of immediate measures and longer‑term commitments designed to overcome these challenges. These sit within the continuing development of new policies...
NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 2795 ( Admin) What are the practical implications of this case? Fundamentally, the judgment reiterates what is evident from EA 2021, s 98 and Sch 14: there is currently no statutory duty for planning proposals to prove delivery of a 10% biodiversity net gain, and once that duty is activated it will relate only to new submissions. Although the National Planning Policy Framework seeks a positive biodiversity net gain, this is (a) a policy matter rather than a legal requirement, and (b) contains no percentage target, so any improvement qualifies as positive and should be given appropriate weight accordingly. The ruling is also a timely reminder that the biodiversity net gain obligation is not retrospective, particularly as it is scheduled to take effect in January 2024. In...
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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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