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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Key developments and materials Air emissions and climate change Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Key developments and materials Implementation of the Environmental Principles Policy Statement in England From November 2023, UK ministers—and officials acting for them—have been obliged to give due consideration to an Environmental Principles Policy Statement ( EPPS) when shaping policy, one of four cornerstones of environmental governance created by the Environment Act 2021 ( EA 2021). On 27 February 2025, the Office for Environmental Protection ( OEP) presented to Parliament and released its review of the early operation of this...
UK developments FCA amends sustainability labelling and discolsure requirements and publishes related Handbook Notice 127 The Financial Conduct Authority ( FCA) has revised its Handbook, effective 28 February 2025, reshaping sustainability labelling and disclosure obligations. The package introduces anti-greenwashing measures across several conduct of business sourcebooks, updates the labelling framework, and adjusts rules for on-demand sustainability information. The instrument also defers the deadline for firms to satisfy on-demand sustainability information requests, shifting it from 2 December 2025 to 2 April 2026. Handbook Notice 127 outlines these amendments, alongside certain other updates made by earlier instruments to different parts of the Handbook. See: LNB News 28/02/2025 34. Sources: FCA 2025/6— Sustainability labelling and disclosure of sustainability-related financial information (amendment) instrument 2025, and FCA Handbook Notice 127. FCA clarifies sustainability rules do not restrict defence sector investment The FCA has stated that its...
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 Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Water, flooding and drainage Waste producer responsibility regimes Daily and weekly news alerts New and updated content Key developments HMT action plan sets out environmental and planning regulatory reforms HM Treasury ( HMT) has issued an action plan setting out the government's stance on regulation and the work of regulators, with proposals to reshape environmental and planning rules. It sets out four priority measures and commitments from regulators including the Environment Agency ( EA) and Ofwat, seeking to build a...
Background The OEP is an independent public body, created by the EA 2021 to ensure government and wider public authorities are accountable for environmental law and policy. We are one of four 'cornerstones' of environmental governance—alongside the EPPS, and the government's Environmental Improvement Plan ( EIP) and legally binding environmental targets, such as for Net Zero and halting biodiversity decline. Our remit covers monitoring and reporting on how environmental law is being implemented. This enables us to examine how the law functions in practice, and to advise government on where improvements are needed. The EA 2021 is a major piece of environmental legislation, creating a new framework for environmental governance. A key component is the requirement for an EPPS and, under EA 2021, s 19, a duty on government ministers, and officials acting on their behalf, to have 'due regard' to the EPPS when...
Key provisions of Part III of the Planning and Infrastructure Bill Environmental Delivery Plans ( EDPs) and a Nature Restoration Levy Part III proposes Environmental Delivery Plans and a Nature Restoration Levy to accelerate development by aggregating environmental mitigation. Rather than meeting bespoke ecological obligations for each project, developers would pay into a collective fund. Natural England would then deliver conservation actions using those monies. This marks a significant shift from the existing framework, which requires stringent case-by-case evaluations, consents tied to individual sites, and specific licensing for protected species. Approving EDPs—the ‘ Overall Improvement’ test EDPs may relate to any defined land area and can address some or all environmental features within that boundary. To bring an EDP into force, the Secretary of State for Housing, Communities and Local Government must decide it satisfies an ‘overall improvement’ test—namely, that the...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental information Environmental liabilities, due diligence and insurance 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 Air emissions and climate change Hydrogen— Disputes on the Horizon? The drive towards net zero is accelerating. As countries target differing levels of decarbonisation within their energy industries by 2030 and 2050, many view hydrogen—particularly low carbon hydrogen—as set to take a key position in the future energy mix. Drawing on their wider energy disputes experience, Tom Cummins and Matthew Harnett of Ashurst LLP set out seven potential areas of contention that could arise as low carbon hydrogen projects are rolled out more widely. Originally published on the ICLG website. See News Analysis: Hydrogen— Disputes on the Horizon?......
Background The European Green Deal remains under active negotiation and amendment, reopening debates on established sustainability rules including the Corporate Sustainability Reporting Directive ( CSRD), effective from 5 January 2023, the Corporate Sustainability Due Diligence Directive ( CS3D), effective from 24 July 2024, and the EU Taxonomy Regulation. On 8 November 2024, President von der Leyen unveiled an ‘omnibus simplification package’ (the Omnibus) to rationalise these frameworks, reflecting the Draghi report’s view that streamlining could enhance EU competitiveness. The Commission’s Competitiveness Compass, released on 29 January 2025, pledged to cut reporting burdens, with a particular focus on SMEs. Further specifics followed in the 2025 Work Programme of 12 February 2025. The Omnibus itself was issued on 26 February 2025 and now proceeds through the legislative pathway... What are the key impacts of the Omnibus proposal? In this note, we flag initial...
Our verdict The Planning and Infrastructure Bill reached Parliament on 11 March 2025. It sits at the heart of the Labour government’s programme and aligns with its stated missions, which include kickstarting economic growth and making Britain a clean energy superpower, as well as its broader commitments to reform the planning regime to support development—including the delivery of 1.5 million new homes over the course of the current parliament. It is, by any standard, an ambitious package of legislation. However, even though many of the measures proposed are encouraging for developers, especially the reintroduction of spatial planning and the updating of National Policy Statements, significant challenges and uncertainties remain in practice, particularly concerning the sufficient and sustained resourcing of LPAs. LPAs will gain new powers to set their own planning fees, rather than rates being set nationally by the Secretary of State as is...
Overview Hydrogen is the universe’s most plentiful chemical element and, in some uses and certain applications, yields only water at the point of use. Although the fuel itself is colourless, it is often labelled by ‘colours’ according to the production route, depending on how it is produced. Black, brown and grey hydrogen arise from coal or natural gas, with grey presently the most widespread form produced and currently the most commonly produced type. Blue hydrogen likewise originates from natural gas, but its manufacture is paired with carbon capture and storage to deliver a more carbon neutral variant. Green hydrogen, by contrast, relies on renewable electricity (for example, from solar or wind) to split water through electrolysis. Because electricity is the key input, green hydrogen sits within the so‑called ‘power‑to‑x’ world of technologies and applications which are attracting significant investment. Together, green and blue...
In this issue: Key developments and materials Air pollution and climate change Building energy efficiency Energy for environmental lawyers Regulatory enforcement and prosecutions Environmental data and information Environmental permitting and consents Green taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat protection Sources of environmental law ( UK, EU and international) Waste Producer responsibility for waste Water, flood risk and drainage Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts Latest and updated content Key developments and materials OEP publishes report on government implementation of EPPS duty The Office for Environmental Protection has issued a report reviewing how government is meeting the section 19 Environment Act 2021 duty to have regard to the Environmental Principles Policy Statement. It notes encouraging early delivery, with solid preparation and process design in place. Nonetheless, the OEP flags missing building blocks for embedding the duty across government policy making—most notably its absence from HM Treasury’s Green Book. The report sets out eight core...
On 3 March 2025, Moody’s Ratings characterised the new mandatory obligation as “credit positive” for insurers, even though it introduces further balance sheet vulnerabilities arising from exposure to floods and other types of natural catastrophes. Effective 31 March 2025, the legislation covers every firm operating in Italy, and it also extends to foreign enterprises that maintain a local branch. An exemption exists for fishing and associated sectors, granting them until year-end 2025 to obtain the policy. According to unverified Italian media reports, in 2024 only 6% of households carry natural catastrophe insurance and 5%......
In this issue Air emissions and climate change Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Health and safety Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change CCC publishes report advising government on Seventh Carbon Budget The Climate Change Committee ( CCC) has issued a statutory report offering advice to the UK government on the Seventh Carbon Budget. The CCC proposes a budget of 535 Mt CO2e, covering emissions from international aviation and shipping, amounting to an 87% cut in emissions by 2040 against 1990 levels. The report sets out a range of recommendations to help the government deliver this goal. See: LNB News...
UK developments LMA publishes response to HM Treasury's UK green taxonomy consultation The Loan Market Association ( LMA) has submitted its views to HM Treasury’s consultation on the UK green taxonomy, backing the government’s aims yet urging against making its development a near-term priority. While recognising a taxonomy’s role in improving transparency and deterring greenwashing, the LMA flags major delivery hurdles, including complexity and significant resource demands. It also points out that the Financial Conduct Authority’s newly introduced anti-greenwashing rule already achieves many of the intended outcomes. See: LNB News 07/02/2025 45. Source: Response to UK Green Taxonomy Consultation. LMA publishes response to EU Commission's sustainability reporting simplification initiative The Loan Market Association ( LMA) has issued a position paper on the EU Commission’s sustainability omnibus simplification proposal, setting out five key recommendations for reform. The LMA underscores the importance of careful calibration to avoid creating fresh,...
Latest SIs laid for sifting On 24 February 2025, one SI was formally placed for sifting: New Heavy Duty Vehicles ( Carbon Dioxide Emission Performance Standards) ( Miscellaneous Amendments) Regulations 2025 A complete register of all proposed negative procedure SIs under REUL( RR) A 2023 is available here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 provides various delegated powers enabling the government and devolved administrations to make SIs to update assimilated law where necessary. Key legislative powers appear in REUL( RR) A 2023, ss 11–16, and are detailed. Principal procedural requirements, including parliamentary scrutiny routes, for these instruments are contained as prescribed in REUL( RR) A 2023, s 20 and Schs 4–5......
In this issue: Air emissions and climate change Chemicals Energy for environmental lawyers Environmental disputes and proceedings ESG and sustainability 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 Greenhouse Gas Emissions Trading Scheme ( Amendment) ( No 2) Order 2025 SI 2025/124: This instrument is introduced to revise one element of UK secondary legislation and two items of assimilated direct law concerning climate change. It separates the imminent 2026–30 allocation window into a single‑year allocation for the 2026 scheme year (the ‘2026 allocation period’) and a further four‑year allocation for the 2027–30 scheme years (the ‘2027–30 allocation period’). The measure is made under powers in the Climate Change Act 2008 ( CCA 2008) in...
When was the CIB launched? On 12 November 2024, the Department for Energy Security and Net Zero ( DESNZ) officially unveiled the CIB, rebranding it from the ‘ Sustainable Industry Reward’ ( SIR). This coincided with publication of the CIB Allocation Framework for Cf D AR7 and the necessary statutory notices. The purpose of the CIB (and before it, the SIR) is to recognise the broader economic, environmental and social benefits of renewable energy projects and to deliver additional revenue support, over and above the standard Cf D subsidy, for offshore wind projects that have encountered especially severe supply chain constraints in recent years. At the same time, DESNZ consulted on amendments to the Cf D contract to embed the CIB, given that the Cf D is the scheme’s delivery route. For further detail, see: LNB News 12/11/2024 43. The...
Looking ahead, the Land Use Framework ( LUF) is set to drive delivery of the government’s Plan for Change, working in tandem with the Farming Roadmap and the Food Strategy. It will steer trade-offs in how land is used— from new homes and renewable schemes to safeguarding farmland and restoring nature. Significant unease has already surfaced about how these priorities will be weighed. Among the most divisive proposals are those for infrastructure and large-scale housebuilding. Key issues include: Nature preservation National charities, such as the RSPB and the Wildlife Trust, have swiftly objected to plans to pare back planning safeguards, including on‑site ecological surveys. The Chancellor noted that removal of regulation would mean developers could ‘focus on getting things built and stop worrying about the bats and the newts’. Creating ‘grey sites’ within the green belt has likewise prompted scrutiny, though these areas are meant to be...
Although the EU recognises that safeguarding marine ecosystems is integral to managing shared fisheries, it contests the need for a blanket ban to protect sandeel stocks, pointing out that a partial prohibition is already in force and applies to both the EU and the UK alike. The current restriction, introduced by the Council of the EU through Council Regulation ( EC) No 1298/2000 of 8 June 2000, which for the fifth time amended Regulation ( EC) No 850/98 on the conservation of fishery resources via technical measures to shield juvenile marine organisms, confines sandeel fishing to specific seasons so that activity occurs outside the spawning window (§67). In light of this framework, the EU asks whether there is sufficient, robust scientific evidence to justify a tougher prohibition at present. A principal worry is that a total closure would markedly harm EU economic...
Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government and another [2025] EWCA Civ 32 What are the practical implications of this case? This judgment provides a close examination of the connection between the NPPF and the PPG—two distinct strands of national planning policy regularly relied upon by participants in both plan-making and development management. Although the court concentrated on how the NPPF and PPG interact in the particular setting of flood risk and the sequential test, its conclusions about their respective roles and their interrelationship have general effect and broader importance. The court found that they typically serve different purposes: the NPPF sets out aims and overarching principles, while the PPG clarifies these and explains how they should be applied. The PPG is prepared through a less formal process, making it more accessible and capable of adapting to changing...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental information ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law ( UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ publishes final UK greenhouse gas emissions statistics for 1990–2023 The Department for Energy Security and Net Zero ( DESNZ) has released the final estimates of the UK’s greenhouse gas emissions for 1990–2023. In 2023, total emissions were 385 million tonnes of CO2 equivalent, 5% lower than 2022 and 53% below 1990. The electricity supply sector showed the sharpest fall (20%) between 2022 and 2023, linked to higher electricity imports and reduced demand, which cut gas use in power stations. The buildings and product uses sector also declined by 6%, largely due to lower gas...
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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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