Public Law

Recent Articles

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  22/05/2024

  England and Wales

  Gambling White Paper Consultations: The Commission’s Response on Financial Risk and Vulnerability Checks

  The Gambling Commission (GC) has now published its response to its latest consultation on financial vulnerability and financial risk (which was published in July 2023 and discussed in our article here). The response states that the GC is working towards a new, proportionate and frictionless system of financial checks and provides for: (i) a new Social Responsibility Code provision for “financial vulnerability” checks; and (ii) a pilot for “frictionless” financial risk assessments.There is a long history to the new measures, following a consultation and call for evidence...

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  22/05/2024

  England and Wales

  Gambling White Paper Consultations: The Commission’s First Responses

  In July 2023, the Gambling Commission (GC) published its first set of consultations on the Gambling White Paper ‘High stakes: gambling reform for the digital age’. Having received 3,113 responses from stakeholders to the consultations, the GC has now published its response to each of these consultations. We have written separately on financial risk and vulnerability checks - this note looks at the GC’s response to the other consultations.Direct MarketingThe principal proposal in the consultation was that there should be tougher restrictions on direct marketing as a means...

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  13/03/2024

  International

  After EU Commission's first decision on Carbon Contracts for Difference, Germany initiates bidding of EUR 4bn

  The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Following the Commission's decision, on 12 March 2024 the German Federal Ministry for Economic Affairs and Climate Protection (BMWK) initiated the first bidding process with a total volume of EUR 4bn. With this funding scheme, Germany is taking a pioneering role in Europe and internationally in the field of state aid for climate protection. Concept of contracts for differenceA contract for difference entitles...

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  23/02/2024

  Scotland

  Scottish wildcat group’s challenge to windfarm permission unsuccessful

  Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire. The Court held that Wildcat Haven had failed to establish that the decisions were attended by any error of law and there was therefore no scope for intervention by the court.In June 2023 Vattenfall’s application for the construction of a new wind farm in Clashindarroch Forest was granted under section 36 of the Electricity Act 1989 by the Scottish Ministers. The petitioners, Wildcat Haven,...

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  16/02/2024

  Switzerland

  "Minor revision" to be made to the Swiss Federal Supreme Court Act

  DE

  BackgroundIn the years 2008 to 2013, the federal administration of justice was evaluated, leading to the identification of the following three problems: the Federal Supreme Court is overloaded, primarily due to the increase in appeals in criminal cases. The evaluation also exposed a misdirection of the workload, since the Federal Supreme Court must deal with numerous cases lacking practical relevance, while jurisdiction is partially excluded for cases that are crucial for uniformity of law and legal development. Furthermore, certain gaps in legal protection were also identified.The failure of the...

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  29/01/2024

  United Kingdom

  ClientEarth v FCA - The IEA and The Strength of the North Sea

  SummaryClientEarth’s renewed application for permission to apply for judicial review of the decision of the Financial Conduct Authority (the “FCA”) to approve the prospectus of Ithaca Energy plc (“Ithaca”) has been refused by the High Court.   The high-level approach taken by the court to evaluating the risk factors in Ithaca’s prospectus and the Court’s emphasis on the expertise of the FCA as regulator in this area combined with the decision to refuse ClientEarth the cost protection afforded by the Aarhus Convention may serve to deter similar claims...

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