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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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What is the background to this legal action being taken? In Texas, Exxon Mobil faced a lawsuit from shareholders claiming that the decline in its share price between 31 March 2014 and 30 January 2017 stemmed from material misstatements or omissions by the company and its directors, including former CEO (and former US Secretary of State) Rex Tillerson. The case centred on Exxon Mobil’s assertions that none of its assets were, or would become, stranded due to climate change risks, and in particular on its refusal to write down assets rendered unprofitable by the sharp fall in oil prices that began in mid‑2014. While other oil and gas peers recorded more than $200bn of impairments, Exxon Mobil told investors that its superior processes meant no revaluation was required. It recognised no impairments until after a $12bn public debt issue in March 2016,...
DLA Delivery Ltd v Baroness Cumberlege of Newick and another [2018] EWCA Civ 1305 What are the practical implications of this case? The judgment confirms that the Secretary of State must consider relevant rulings issued after an inquiry has closed, even where those rulings are neither relied upon in further submissions to him nor specifically flagged by the parties. Accordingly, appellants and respondents alike should monitor any analogous determinations handed down while their appeal is pending so they can calibrate expectations. The ruling further underlines that the Secretary of State cannot depend on the litigants to identify pertinent authorities; the responsibility rests with him to apprise himself of them. The Court of Appeal also reaffirmed that, if the Secretary of State proposes to adopt a different stance and reach a different outcome on like issues to earlier decisions at the appeal stage, he must give...
R (on the application of Mott) v Environment Agency [2018] UKSC 10, [2018] All ER ( D) 77 ( Feb) What are the practical implications of the decision? This case illustrates how the courts address the concept of a ‘fair balance’ in a human rights setting. Striking that balance requires weighing the general interests of the community against the protection of an individual’s fundamental rights; the balance is not achieved where the person affected is made to carry an individual and excessive burden. What was the background to the appeal? The respondent held a leasehold interest in a salmon fishery in the Severn Estuary, which he had run as his full-time occupation for almost four decades. After the Salmon Freshwater Fisheries Act 1975 was amended with effect from 2011, the appellant was able to issue fishing licences with conditions that capped the number of fish taken. To...
Southern Gas Networks plc v Thames Water Utilities Ltd [2018] EWCA Civ 33, [2018] All ER ( D) 132 ( Jan) What are the practical implications of this case? The key takeaway for advisers to suppliers is that common law causes of action may endure alongside the detailed statutory scheme governing undertakers. That remains so even when a dedicated statutory liability clause exists that could yield a remedy on identical facts. Whether the common law persists is ultimately a matter of construing the specific provisions in play. Clauses that negate exoneration can assist, but they are not essential. The court’s reasoning draws on a well-established line of dicta: mere differences between the statute and the common law do not suffice; to displace the common law, the court must identify an ‘inconsistency’ or ‘incompatibility’ between them. For instance, if the common law would confer a more...
Original news Dean v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1998 ( Admin); [2017] All ER ( D) 72 ( Aug). The Planning Court concluded that the grant of a PEDL under section 3 of the Petroleum Act 1998 ( PA 1998) was not entirely constrained by the statutory licensing code, so the Secretary of State could agree to alter the licence terms. Consequently, it rejected the claimant’s case that the deed varying the licence was ultra vires, and dismissed his application for judicial review. What was the background to the case? In 2008 the defendant issued a PEDL conferring exclusive rights on the licensees to search, drill for and recover hydrocarbons within a defined geographic area. The licence period was split into three stages: a stage for the licensee to undertake the agreed works programme of seismic and...
Original news Redman (suing as widow and administratrix of the estate of Redman, deceased) v Zurich Insurance plc and another [2017] EWHC 1919 ( QB), [2017] All ER ( D) 07 ( Aug) The Queen’s Bench Division struck out a widow’s claim brought under TP( RAI) A 2010 against the first defendant, the insurer of the second defendant employer of her husband, who died in 2013. The court held that the second defendant became a “relevant person” for the purposes of s 1 when it was voluntarily wound up in 2014, predating the commencement of TP( RAI) A 2010 on 1 August 2016. It also concluded that the second defendant incurred the liability, within the same section, when the cause of action was complete, which likewise occurred before 2016. As the claim failed to satisfy either condition in s 1, the...
Original news Brexit must not trade away environmental protections, Committee warns, LNB News 04/01/2017 90 The Environmental Audit Committee has cautioned ministers that safeguards for the environment must not be diluted during the UK’s exit from the EU or thereafter, and urges the introduction of a new Environmental Protection Act alongside Article 50 TEU talks to preserve the UK’s high environmental benchmarks. Such legislation would limit the danger of ‘zombie legislation’—that is, EU-derived rules carried into domestic law but left unrefreshed, vulnerable to being whittled away via statutory instruments with scant parliamentary oversight. What prompted the Committee to issue this report? Titled ‘ The Future of the Natural Environment after the EU Referendum’, it forms part of a suite of inquiries by the Committee into the real‑world consequences for UK environmental policy once we leave the EU. This work follows an earlier...
The UK remains the global frontrunner in offshore wind, with 5GW already operating and a goal of 10GW of installed capacity by 2020. The scale of schemes is growing steadily, helping to capture significant economies of scale. For example, in February 2016 DONG Energy announced plans to proceed with construction of the 1.2GW Hornsea Project One offshore wind farm, set to become the world’s largest offshore wind farm (and expected to use Siemens 7MW turbines). The UK’s referendum decision to leave the EU has sent shockwaves through political and investment communities. Regarding offshore wind, ministers rapidly signalled after the vote their intention to maintain investment in clean energy, including offshore wind. For instance, on 29 June 2016 Amber Rudd, then Secretary of State for Energy and Climate Change, stressed the ongoing intention to bring forward more offshore wind, subject to further cost...
Introduction Most observers consider that, on its own, Brexit is unlikely to materially alter the regulation of the UK oil and gas sector, including activities on the UK Continental Shelf ( UKCS). This stems largely from the UK government’s longstanding control of energy policy, encompassing the development of oil and gas reserves. Core policy areas—such as licensing and taxation of exploration, appraisal, development and production—have always been, and continue to be, determined by the UK government, though elements of the industry have been shaped by the EU. Nevertheless, the referendum has set in motion other significant shifts that may have a substantial effect on the UK’s oil and gas industry and the wider energy industry for the reasons set out below. Does European law still apply? Will the current legal and regulatory framework change once withdrawal from the EU is complete? The...
Original news Coventry and others v Lawrence and another [2014] UKSC 13, [2014] All ER ( D) 245 ( Feb) In February 1975, planning permission was issued to build a stadium in rural Suffolk. That consent authorised use for speedway racing and related facilities for a period of ten years, and in 1985 it was thereafter made permanent. Stock car and banger racing began at the stadium in 1984; after a decade of such activity, Mr Waters obtained a certificate of lawfulness of existing use or development. To the rear of the stadium lay a motocross circuit, operated under a temporary personal planning consent, which was later renewed on a permanent footing. In January 2006 the proprietors, Katherine Lawrence and Raymond Shields, took up residence at Fenland, a residential property situated close to the stadium and the track. In 2008 they commenced...
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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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