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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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High Court told 163,000 UK claimants have opted into PID The Australian mining multinational informed the High Court that 163,000 of approximately 620,000 claimants have chosen to participate in the compensation scheme known as PID. BHP stated that, if compensation is approved, those individuals would be precluded from bringing legal proceedings over the Fundão dam collapse. Shaheed Fatima KC of Blackstone Chambers, acting for BHP, provided the figure during discussions about whether the company should disclose collated documents and information relating to the scheme. She explained that a running count is being maintained and that the latest total is 163,000 UK claimants who have adhered to PID. The disclosure question formed part of a two-day hearing as both parties prepare for a stage two trial in litigation in England......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Marine Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Waste Waste producer responsibility regimes Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& A Air emissions and climate change UKGBC launches UK Climate Resilience Roadmap On 26 June 2025, the UK Green Building Council ( UKGBC) unveiled the UK Climate Resilience Roadmap, the first guidance of its kind mapping how the UK’s built environment—covering homes, schools, workplaces, hospitals, parks and infrastructure—is increasingly exposed to five major climate risks: overheating, flooding, drought, wildfires and storms. The roadmap pinpoints 13 locations across the UK at highest risk from extreme weather, warning that areas such as Peterborough and Fairbourne could be ‘likely uninhabitable’ by the end of the century due to...
HM Treasury and another v Global Feedback Ltd ( WWF UK intervening) [2025] EWCA Civ 624 What are the practical implications of this case? Costs Protection Narrowed: Claimants contesting state decisions that have environmental effects will not gain Aarhus costs protection as a matter of course unless they can demonstrate a breach of a legal provision whose purpose is environmental protection or regulation. This could discourage certain public interest proceedings in the environmental arena, particularly where the statutory setting is not clearly environmental Strategic Litigation Considerations: Environmental NGOs and campaigners will need to examine with care the statutory foundation of their challenges and assess whether the pertinent provisions are genuinely environmental in purpose......
UK developments FRC launches consultation on proposed UK version of ISSA 5000 The Financial Reporting Council ( FRC) has opened a consultation on a UK-specific edition of the International Standard on Sustainability Assurance ( ISSA) 5000, ‘ General Requirements for Sustainability Assurance Engagements’. The draft is for voluntary adoption by assurance providers and mirrors the international standard to lessen the burden on firms carrying out assurance engagements across multiple jurisdictions. It is also intended for use by both professional accountants and other assurance practitioners who satisfy the relevant quality management and ethical criteria. The consultation closes on 31 July 2025. See: LNB News 29/05/2025 30. Source: FRC Consultation Release: Introduction of International Standard on Sustainability Assurance ( UK) 5000. Government launches three consultations to modernise the UK sustainability reporting framework The government has initiated three consultations as part of its programme to modernise the UK’s...
The High Court determined that the Australian miner must now confront claims it tried to obstruct the municipalities’ access to justice in England by supporting proceedings in Brazil’s top court aimed at derailing compensation claims. In a written ruling, Judge Adam Constable stated the contempt application ought to be tried because the allegations were 'in principle capable of constituting a criminal contempt of court' if proven. The municipalities assert BHP is in contempt for agreeing to bankroll a case brought by Ibram, a Brazilian mining body, before the country’s Federal Supreme Court in 2024. They said that case was intended to stop them pressing ahead with the English action on the basis that Brazilian municipalities lack standing to litigate beyond Brazil’s jurisdiction. The municipalities further alleged BHP undermined the administration of justice in the High Court through its role in the Ibram...
In this issue Key developments and materials Air emissions and climate change Pollution and contamination Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Producer responsibility schemes for waste Water, flood risk and drainage Daily and weekly news alerts New and updated content Key developments and materials UK’s Modern Industrial Strategy 2025— Built environment aspects The Department for Business and Trade ( DBT) has issued the UK’s Modern Industrial Strategy 2025—a decade‑long blueprint to boost corporate investment across eight growth‑driving sectors, following consultation launched in October 2024. The Strategy is crafted to simplify and speed up investment procedures for businesses, whilst offering greater certainty and stability for long‑term decisions. Headline sector plans...
In this issue: Key developments and materials Brexit Air pollution and climate change Contamination and environmental pollution Energy efficiency and buildings Product energy efficiency Energy for environmental lawyers Environmental assessment Environmental information 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 United Kingdom Environmental Law Association ( UKELA) Annual Conference Key developments and materials Spending Review 2025— Key Energy and Environment announcements On 11 June 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out to Parliament the government’s Spending Review 2025 ( SR25). This News Analysis draws out...
Background on the case The Arbitration Tribunal constituted under the EU– UK TCA issued its definitive decision on the EU– UK sandeel dispute on 2 May 2025. The clash arose after the UK introduced a prohibition on catching sandeels within its North Sea waters to protect the marine environment, while the EU argued that such conservation steps would unfairly and disproportionately harm fishing communities in the EU. This marks the first dispute referred to the Arbitration Tribunal pursuant to the TCA. Consequently, the matter sheds light on how the TCA should be applied, particularly regarding what counts as the best scientific advice and how the principle of proportionality operates. In the end, whilst underlining the procedural need to have due regard to proportionality, the tribunal upheld the ban and concluded that, in substance, the UK’s fisheries management approach was robust. In reaching that view, the panel...
On 11 June 2025, the Association of British Insurers ( ABI) urged a clear, long-range framework to guide investment in climate resilience. With support from Flood Re, the government-backed reinsurer, the industry can offer affordable home cover to households exposed to flooding. That scheme is scheduled to leave the market in 2039. By that point, the ABI hopes that upgrades to infrastructure and the planning system will enable insurers to assume enough of the risk themselves while keeping policies affordable for customers. ‘ The funding signalled as stated by the ABI......
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings 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 United Kingdom Environmental Law Association ( UKELA) Annual Conference Air emissions and climate change DESNZ releases evaluations of CCUS and Industrial Fuel Switching and Hydrogen Supply innovation programmes The Department for Energy Security and Net Zero ( DESNZ) has issued two independent evaluations of its Energy Innovation Programme ( EIP). The first evaluation reviews the Carbon Capture and Utilisation Demonstration ( CCUD) innovation programme, the Carbon Capture, Usage and Storage ( CCUS) Innovation programme, and the...
SR25 SR25 has underpinned the government’s enduring pledges on energy security, net zero and economic growth. Framed through the lens of 'securonomics', the review sets out a governing approach that signals a focus on national security and economic robustness, with energy security cast as a pivotal strand of that agenda. At its heart sit sizeable commitments to nuclear and fusion, alongside ongoing backing for renewables to achieve Clean Power by 2030 ( CP2030), including, in particular, support for carbon capture, usage and storage ( CCUS) and hydrogen production schemes, help to accelerate floating offshore wind, the capitalisation of Great British Energy, and further investment in efficiency via the Warm Homes Plan. Many of these allocations had been trailed before and are therefore confirmed rather than freshly unveiled in SR25. Even so, the package should continue to shore up confidence across the sector that the...
Key points in the proposals The consultation seeks to fine‑tune the BNG framework to better suit minor, medium and brownfield schemes, ensuring biodiversity gains are both workable and effective across different development scales and contexts. Proposed changes to exemptions The government is weighing revisions to existing BNG exemptions to lessen burdens on low‑impact projects: Single‑dwelling exemption: substituting the current self‑build/custom build carve‑out with a wider exemption for single homes De minimis threshold: increasing the habitat impact exemption from 25 square metres to higher levels (e.g. 50, 100 or 200 square metres), enabling more minor schemes to proceed without BNG requirements Major development exemption: considering exempting everything except major developments from BNG, effectively returning to the pre‑2 April 2024 position The government is considering additional exemptions for: parks, public gardens and playing fields developments primarily aimed......
In this issue: Air emissions and climate change 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 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 United Kingdom Environmental Law Association ( UKELA) Annual Conference Air emissions and climate change Commission proposes rules to verify carbon removals and storage methods The European Commission has unveiled a draft implementing regulation to set consistent verification rules for carbon removals, carbon farming, and carbon held in products, under Regulation ( EU) 2024/3012. The proposal details procedures to deliver harmonised third‑party certification within the EU certification framework. It addresses...
The Water Services Regulation Authority ( Ofwat) hit Thames Water with a fine of £123m on 28 May 2025 for breaching rules governing its wastewater management and its unjustified payment of dividends. In imposing its biggest sanction to date, the regulator invoked 2023 powers—unused until now—that allow it to vary licences without firms’ agreement. Lawyers view the sanction as a clear warning that environmental, social and governance shortcomings rank among the foremost risks businesses face from Ofwat and other British enforcement bodies, describing the fine as a shot across the bows for companies across all sectors. Trevor Francis, a regulatory investigations partner at Blackfords LLP, said the case underscores the need for proactive legal and regulatory risk reviews across industries, particularly where environmental damage or customer detriment can be anticipated. The embattled utility has drawn fierce criticism from politicians and the public after...
UK developments DESNZ consults on implementing voluntary carbon and nature market integrity principles The Department for Energy Security and Net Zero ( DESNZ) has opened a consultation to gather feedback on how to put into practice the UK Government’s six principles for integrity in voluntary carbon and nature markets ( VCNMs), assessing how they fit markets at varying stages of development. The Minister for Climate Change, Kerry Mc Carthy MP, unveiled these principles at COP29 in November 2024. It further seeks to define expectations for supplier and purchaser participation in VCNMs and to consider embedding such approaches within guidance, policy and possible regulation, underpinned by market frameworks that can institutionalise and scale high‑integrity practices. The call for views closes on 10 July 2025. See: LNB News 17/04/2025 13. Sources: Voluntary carbon and nature markets: raising integrity; UK backs businesses to trade carbon credits and unlock...
Background EA 2021, s 98 and Sch 14 extend BNG to applications under the TCPA 1990. After consultation from January to April 2022, the regime and accompanying regulations were commenced in two stages on 12 February and 2 April 2024, having first been intended for November 2023. For NSIPs consented by DCOs, the corresponding provisions are in EA 2021, s 99 and Sch 15 and were originally slated for November 2025. A consultation launched on 28 May, alongside an announcement that commencement would be deferred by six months to May 2026. This note outlines what is proposed in that consultation and highlights any differences from the equivalent TCPA 1990 implementation, which this proposal does not affect. The ecological measures in the Planning and Infrastructure Bill are also separate from, and additional to, this...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, International) Waste Daily and weekly news alerts New and updated content Air emissions and climate change Commission adopts EU Net- Zero Industry Act implementation package The European Commission has issued a package of secondary legislation and a communication under the EU Net- Zero Industry Act to accelerate the production of decarbonisation technologies and bolster the EU’s industrial resilience and competitiveness. The measures refine the Act’s scope by identifying the products and components covered, set parameters for applying non-price factors in renewable energy auctions, and introduce common criteria for selecting net-zero technology manufacturing projects for strategic status. Collectively, these actions are intended to ensure projects that reduce...
What are the practical implications of this case? The National Farmers’ Union v Herefordshire Council and another [2025] EWHC 536 ( Admin) has consequences for how agricultural projects that produce manure are regulated. It is especially relevant to the oversight of large livestock operations, including intensive poultry units. The ruling makes it less likely that agricultural manure will be treated as outside waste-related controls and obligations. In practical terms, promoters of new livestock units in Herefordshire may now be expected to prepare waste management method statements. The decision also matters for those seeking to devise, challenge, or defend planning policies that address issues such as the handling of agricultural waste. On the facts, the court concluded it was not necessary to confine the scope of the local plan to the definition of waste contained within the Planning Acts......
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 enforcement and prosecutions Environmental information Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, International) Waste Water, flooding and drainage UKELA Annual Conference Daily and weekly news alerts New and updated content Latest Q& A Key developments and materials Fresh strategic partnership settled at the first UK- EU summit The inaugural UK- EU summit on 19 May 2025 concluded with both sides endorsing a ‘new strategic partnership’ that builds on the Withdrawal Agreement and the Trade and Cooperation Agreement. Headline elements comprise a pledge to pursue a...
What is reservoir safety? Reservoir safety addresses the physical stability and sound operation of reservoirs, with particular attention to their dams and embankments. It concerns public protection and the security of critical infrastructure. Reservoirs serve as a strategic buffer in water resource management, holding surplus during wetter periods to sustain supply through dry spells. In England, the regime currently applies to ‘large raised reservoirs’ able to store more than 25,000 cubic metres of water above ground level. In Wales, the bar is lower, covering reservoirs with a capacity exceeding 10,000 cubic metres. As at March 2025, there were 2,146 such regulated reservoirs in England alone. The potential hazard is considerable: about 2.6 million people could be endangered if a dam failure led to catastrophic flooding. What is the aim of the new regime? The reforms intend to introduce a modernised, future-proof framework for reservoir safety across...
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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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