United Kingdom

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Recent Articles

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    01.12.2023
    United Kingdom

    Update on the Smarter Regulation initiative in the energy context

    Alongside the Autumn Statement and the Connections Action Plan and Transmission Acceleration Action Plan (on which we commented in a recent separate article), the Department of Business and Trade (the DBT) published a number of documents relating to its wide-ranging Smarter Regulation programme.  This follows the Government’s May 2023 introductory policy paper on Smarter Regulation to Grow the Economy and is stated to be complementary to the ongoing October 2023 call for evidence on the regulatory landscape, which also forms part of the Government’s work on Smarter Regulation.  ...
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    01.12.2023
    England and Wales

    Woodlands Data Centre Refusal: key observations

    On 30 October 2023, the Secretary of State (“SoS”) on a recovered appeal refused to grant planning permission for a ‘hyperscale’ data centre within the Buckinghamshire Green Belt on the outskirts of Greater London.Situated within the Slough Availability Zone (“SAZ”), a recognized area for data centres spanning multiple counties, the 52-hectare former landfill site adjacent to the M25, south of Slough Road, was earmarked by developers for outline consent for data centre development (B8 (data centre)) of up to 163,000sqm across three buildings.The proposed development,...
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    01.12.2023
    United Kingdom

    Navigating the changes: An overview of updated Energy National Policy Statements

    The National Policy Statements were originally designated in 2011. Further to consultation on proposed drafts earlier in the year, revised updates to the Energy National Policy Statements (NPSs) were published on 22 November 2023.The purpose of the NPSs is to provide guidance to developers and consenting authorities and establish need and set policy in relation to nationally significant infrastructure projects (NSIPs) (as well as other major projects, where NPSs will often be a material consideration). The previous revised draft NPSs were published in March 2023 and were consulted on in the following...
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    01.12.2023
    United Kingdom

    Collective redundancies and possible criminal liability: Supreme Court provides important clarification for administrators

    Recent news reports have highlighted that the number of corporate insolvencies has continued to rise during 2022 and 2023, with the retail sector being particularly affected. Many companies are struggling to meet the demands of repaying government support provided during lockdown, increased running costs and high wages coupled with lower demand due to the cost of living crisis.Corporate insolvencies can impact employees in the affected business in many ways: an employer may be unable to pay wages, holiday pay or other sums due to employees and/or there may be a need to make mass redundancies. Insolvencies...
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    01.12.2023
    United Kingdom

    Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

    The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...
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    01.12.2023
    United Kingdom

    Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council

    In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most people still call it), which was previously considered by the Court of Appeal 20 years ago in Halsey[1].Two principal questions were considered: does the Court have the power to order the parties in Court proceedings to engage in some form of ADR? If so, in what circumstances?In determining that the Court does have that power, the judgment echoes the recent conclusion of the Civil Justice Council that mandatory ADR is not inconsistent with Article 6 of...
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