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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives 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 Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero ( DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme ( UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification ( MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe ( AFME) has provided its response to the European...
In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers Environmental permits and consents Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage New and updated content Air emissions and climate change EU Advisory Board on Climate Change publishes recommendations on climate adaptation The European Scientific Advisory Board on Climate Change has released a report, ‘ Strengthening resilience to climate change – Recommendations for an effective EU adaptation policy framework’, urging the EU to promptly enhance its adaptation policy framework. The report calls for swift, robust action to improve resilience and preparedness to climate impacts across the Union......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental information ESG and sustainability Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts Air emissions and climate change HMRC opens consultation on draft CBAM secondary legislation HM Revenue & Customs ( HMRC) has launched a technical consultation on draft secondary rules for the Carbon Border Adjustment Mechanism ( CBAM), starting on 1 January 2027. Published on 10 February 2026 and open until 24 March 2026, four draft regulations cover administrative matters, rate-setting methodologies, carbon price relief decisions, and transitional arrangements. The proposals set out obligations for registration, filing returns, reimbursement processes, determining the weight of CBAM goods, and maintaining records. CBAM will levy a carbon charge on...
Article A New Vision for Water ( January 2026): regulatory consolidation, planning reform, and the re-settlement of environmental accountability in England Introduction: a White Paper drafted in the language of constitutional correction The Government’s White Paper, A New Vision for Water ( January 2026, CP 1490), is most aptly read as an attempt to refound the legal and institutional order for England’s water sector. Its central refrain is not that the present system needs minor adjustment, but that it is structurally unsound. The charges are well known, but are cast here in expressly juridical terms: splintered mandates and misaligned incentives; duplicative and burdensome planning obligations; insufficient transparency; weak consumer protection; a delivery model that fails to convert public policy into performance at the scale now required by environmental deterioration, climate volatility, and population...
Key developments and materials In this issue Air emissions and climate change Contamination and pollution Energy efficiency and buildings Environmental disputes and proceedings Environmental information Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage New and updated content Daily and weekly news alerts Key energy law developments—end-of-year review 2025 and horizon scanning in 2026 Following another hectic year, the Lexis Nexis® Energy team surveys the standout energy law developments from 2025 and scans ahead to spotlight likely themes in 2026. The round-up spans overarching energy policy, grid connections reform, hydrogen, carbon capture, usage and storage ( CCUS), greenhouse gas removals ( GGR), the Review of Electricity Market Arrangements ( REMA), long duration electricity storage ( LDES), the Contracts for Difference ( Cf D) regime, the Capacity Market, Great British Energy, nuclear energy, oil and gas, and planning activity across the energy...
For a comparable summary and forward look produced last year, consult News Analysis: Key energy law developments—end of year review 2024 and what to expect in 2025. We host a portfolio of energy law trackers monitoring significant legal and policy shifts, both sector-wide and within discrete subject areas (many of which are cited in this News Analysis). For fuller information on these tools, see: Energy law trackers—overview. Additional updates and commentary are delivered through our current awareness alerts and highlights. Select ‘ Create Alert’ within your ‘ Alerts’ tab on Lexis+® and adjust your personal preferences to subscribe. Authored by Ben Pearson and Ruth Jaun, PSL Energy. Overarching energy policy What were the key developments in 2025? Since July 2024, one of the UK government’s primary missions has been to establish the UK as a clean energy superpower. Against that backdrop, and as the UK moves...
In this issue: Key developments and materials Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental information Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Key developments and materials Government outlines approach to resetting UK- EU relations The government has issued its reply to the House of Lords European Affairs Committee ( EAC) on renewing UK‑ EU relations after the May 2025 summit, explaining recent deals and progress in ongoing talks. See: LNB News 28/01/2026 21. Air emissions and climate change Defra launches consultation on reducing smoke emissions from solid fuel burning The Department for Environment, Food and Rural Affairs ( Defra) has...
Andrew Scott KC of Blackstone Chambers, counsel for BHP Andrew Scott KC said the planned appeal poses the issue of whether seeking anti‑suit relief in a foreign court, linked to proceedings in England, could amount to criminal contempt. Scott told the Court of Appeal that no English authority indicates that it could. BHP has lodged an appeal against a decision by Judge Adam Constable. In June 2025, sitting in the High Court, he held that BHP must confront allegations that it attempted to impede the municipalities’ access to justice in England by supporting proceedings in Brazil’s highest court that might frustrate compensation claims. The municipalities argue that BHP is in contempt of court for agreeing to finance a claim initiated by Ibram, a Brazilian mining association, before the South American country’s Federal Supreme Court in 2024......
Judge Finola O’ Farrell, sitting in the High Court, ordered BHP to contribute towards a £189m costs bill sought by Pogust Goodhead, the claimants’ law firm, which says the sum is owed for work on the proceedings up to the conclusion of the stage-one liability trial. O’ Farrell J directed that this be paid on account, noting that the amounts claimed are exceptionally high and that the level of supporting detail is extremely limited. She found that the claimants are entitled to 90% of a reduced figure for the liability trial costs, equating to approximately £72m. While a detailed assessment will follow in due course, the judge said the paucity of information currently before the court means a highly cautious approach must be taken to any broad-brush estimate of the likely recovery of these costs for the purpose of determining a payment on...
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 Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content New and updated content Air emissions and climate change Environment ( Air Quality and Soundscapes) ( Wales) Act 2024 ( Commencement No 3) Order 2026, SI 2026/5: Selected provisions of the Environment ( Air Quality and Soundscapes) ( Wales) Act 2024 ( E( AQS)( W) A 2024) take effect on 23 January 2026. See LNB News 20/01/2026 20... Energy efficiency and buildings MHCLG and DESNZ release a partial reply on changes to the...
The Department for Environment, Food & Rural Affairs ( Defra) has released a national security review exploring how global biodiversity decline and the degradation of ecosystems could influence UK national security. The analysis notes that ecosystems across the planet are losing functionality and, absent major action, these patterns are likely to persist through 2050 and later. It highlights multiple linked threats, including......
Following a disorderly 2025—marked by shifting rules and unproven legal theories—2026 looks marginally more predictable, though no less tough. Businesses should anticipate ongoing growth in disputes, from greenwashing class actions to state‑led consumer protection cases. A fragmented regulatory scene—a tug‑of‑war between US federal and state authorities, alongside indecision within the European Union—will keep compliance complex for multinational companies. Greenwashing risk shifting from regulation to litigation Where we are For at least a decade, companies have encountered rising exposure from government enforcement and private actions over ‘greenwashing’—overstated or misleading claims about environmental benefits tied to products or corporate behaviour. Attempts on both sides of the Atlantic to toughen the rules—an update to the Federal Trade Commission’s Green Guides and the draft EU Green Claims Directive—have stalled. Meanwhile, consumer‑centred litigation is accelerating. Recently, firms across technology, food, fashion, airlines and other sectors have been hit with class actions...
Key developments and materials In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Environment—key developments in 2025 and horizon scanning for 2026 This News Analysis gathers the principal updates across Environment in England and Wales for 2025 and peers ahead to developments expected in 2026. It highlights air emissions and climate change, water, waste and producer responsibility, nature, biodiversity and habitat conservation, hazardous substances and chemicals, environmental regulation, EU– UK relations, energy efficiency and buildings, sustainability reporting and green claims, and the devolved nations. See News Analysis: Environment—key developments in 2025 and horizon scanning for 2026. From smartphones to fridges— UK to end overreliance on imports of critical minerals The UK government has released a third version of its...
Part 3 of the Landmark Planning and Infrastructure Act becomes law On 18 December 2025, PIA 2025 entered into law. This note sets out the immediate implications for practitioners. It introduces new nature levies that developers may choose to pay, or in some instances be compelled to pay, instead of satisfying certain specified environmental obligations linked to the development consent process. The potential reach is wide: any ‘environmental feature’ in England—including features in or beneath waters adjacent to England, and the English offshore regions—can be addressed through voluntary or mandatory levies in place of the existing mitigation and compensation measures required by environmental laws. Business as usual for now For the moment, there is no change for development, planning or nature recovery. Adjustments to current environmental protections will not apply until new ‘nature restoration levy regulations’ are made, and the first ‘...
What is critical about critical minerals? At the end of November 2025, the UK government unveiled its strategy on critical minerals, ‘ Vision 2035: Critical Minerals Strategy’. The Strategy sets out a long-term plan to secure access to minerals seen as essential for future economic development. The latest document follows an earlier version issued in 2022 and refreshed in 2023. This level of sustained strategic activity is a clear sign of the changing geopolitics of access to critical minerals and a growing political awareness of the UK’s vulnerability in securing them. There is no single, standard definition of a critical mineral ( CM), and the UK list of CMs differs from those of the EU and other jurisdictions. Whether a mineral is deemed critical may depend on both a country’s existing resource base and its future ambitions. Criticality will also be shaped by...
2025 has been one of the busiest and most consequential years for UK environmental law since Brexit 2025 ranks among the most hectic and pivotal periods for UK environmental law post‑ Brexit, with climate policy, water quality and corporate sustainability disclosure shaping priorities. The climate regime has matured: domestically through the Supreme Court’s Finch ruling and the Law Society’s practice note on climate change, and internationally via the ICJ’s highly influential advisory opinion. Water regulation became the political fault line; the Water ( Special Measures) Act and the Office for Environmental Protection ( OEP)’s findings of systemic failure signalled the sternest stance yet on pollution. Waste and circular economy measures moved from discussion to enforcement, with extended producer responsibility ( EPR) for packaging in force, workplace recycling duties active, and digital waste tracking close. At the same time, biodiversity and planning reforms are...
In this issue: Key developments Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat protection Waste Waste producer responsibility regimes Water, flooding and drainage New and updated content Key developments Environmental Improvement Plan New Environmental Improvement Plan: the Government have published a fresh Environmental Improvement Plan ( EIP) under the Environment Act 2021 ( EA 2021). This iteration is intended to tackle the weaknesses of the 2023 EIP, yet uncertainty lingers over whether the pace is adequate, whether the route to delivery is sufficiently defined, and whether the resources required to deliver it are in place. Authored by Clare Parry, barrister at Cornerstone...
UK developments FCA speech highlights need for clarity and higher standards in transition finance The Financial Conduct Authority has released a speech by Alicia Kedzierski, head of department in the sustainable finance division, delivered at the Loan Market Association’s Sustainable Finance Conference. Titled ‘ Raising standards in transition finance: clarity, coherence, collaboration’, it emphasises the loan market’s pivotal role in funding the UK’s move to a low‑carbon economy. Kedzierski calls for clear, consistent definitions of ‘transition finance’ and for designing transition instruments so they neither overlap with nor compete against other product categories. See: LNB News 12/11/2025 14. Sources: Raising standards in transition finance: clarity, coherence, collaboration; and The sustainability‑linked loans market – two years on. UKEF announces reinsurance agreement with Brazil and clean growth initiatives ahead of COP30 UK Export Finance has entered a reinsurance agreement with Brazil’s export credit agency, ABGF—the first...
Why has a new ( EIP) been published? EA 2021, s 8 obliges a Secretary of State to issue an EIP, and under section 10 it has to be revisited every five years. As the last EIP appeared in 2023, the government had no legal duty to reassess it yet. Nonetheless, delivery of the 2023 Plan drew heavy critique. The Office for Environmental Protection ( OEP), which is tasked by statute with tracking progress in improving the environment in line with the current environmental improvement plan, reported that out of 43 targets and commitments, the government was largely on course for 9, partially on course for 12, and largely off course for 20. In 2024, ministers initiated a rapid review of EIP 2023. They concluded there were key areas where delivery of the EIP needed strengthening. Presenting the new plan, the...
Counsel for the claimants told the High Court that the Australian mining behemoth ought to pay the legal costs in full, covering Pogust Goodhead’s charges, counsel’s fees and associated disbursements. Alain Choo Choy KC of One Essex Court Chambers contended that his clients had prevailed at the initial stage of the case against an adversary that had taken 'every conceivable step' to sidestep liability. He added they had throughout faced an 'extremely wealthy opponent that has fought tooth and nail for seven years'. The miner, which owned and ran the Fundão Dam via a joint venture, was sued in England over the devastation from toxic sludge and mud that tore through Brazilian communities in 2015, causing widespread harm. In November 2025, High Court Judge Finola O’ Farrell ruled in a judgment that BHP was 'strictly liable for damage caused to the...
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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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