The LGPS Regulations 2013 are further amended, from 1 April 2026, by the LGPS ( Miscellaneous Amendments ) ( Member Benefits ) Regulations 2026, SI 2026/226.
INFLUENCE or CONTROL
March 6th, 2026 by James Goudie KC in Capital Finance and CompaniesDBT statutory Guidance, published on 6 March 2026, details how “ significant influence or control “ should be interpreted in relation to (1) companies and (2) LLPs.
COLLECTIVE PROCEEDINGS
March 6th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationROBERTS v SEVERN TRENT WATER and other WATER COMPANIES, with OFWAT as Intervener, ( 2026 ) EWCA Civ 222 considers COLLECTIVE PROCEEDINGS/a CLASS REPRESENTATIVE CLAIM , in the context of pollution ( by water & sewerage undertakings as statutory monopoly suppliers allegedly abusing a dominant position). A CCOLLECTIVE PROCEEDINGS ORDER may be made under Section 47B(4) of the Competition Act 1998. The majority hold that the CLAIM IS BARRED. This is because it claimed remedies that were available only “ by virtue of “ the acts complained of constituting alleged contravention of a regulatory regime ( under the Water Industry Act 1991).
SUBSIDY CONTROL
March 4th, 2026 by James Goudie KC in Capital Finance and CompaniesA subsidy control challenge failed, including on the basis of DELAY, in NEW LOTTERY CO LTD v GAMBLING COMMISSION ( 2026 ) CAT 14. THE CAT held that there was NO SUBSIDY, because the COMMERCIAL MARKET OPERATOR ( CMO ) PRINCIPLE , developed in the State Aid era applied, referring at paras 67-92, to case law on the CMO Principle, including the Sky Blue Sports cases in the Court of Appeal and CJEU cases. There was consistency with normal market conditions. Bacon J gives guidance on how the CMO Principle applies in cases where a public authority is pursuing both public policy and commercial objectives, and where there is no actual market comparator.
WALES
March 4th, 2026 by James Goudie KC in Environment, Highways and LeisureThe Senedd has enacted the Environment ( Principles, Governance and Biodiversity Targets ) ( Wales ) Act. The Act (1) establishes a NEW FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN WALES, (2) Crates a new OFFICE in Wales of ENVIRONMENTAL GOVERNANCE, and (3) sets BIODIVERSITY TARGETS.
PUBLIC ORDER ACT SECTION 5
March 3rd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationDPP v COSKUN ( 2026 ) EWHC 427 ( Admin ) holds that whether conduct (1) amounted to DISORDERLY BEHAVIOUR and (2) was “ likely” to cause a person HARASSMENT. ALARM or DISTRESS are SEPARATE AND DISTINCT QUESTIONS. Each is a question of fact, to be judged objectively. Moreover, a conviction may represent a necessary and proportionate interference with ECHR Article 10 freedom of expression rights, which extend beyond written or spoken words to “expressive acts”.
DATA PROTECTION
March 3rd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe SECURITY DUTY in the 7th Data Protection Principle in DPA 1998 requires a DATA CONTROLLER to GUARD AGAINST THE RISK that data which relates to individuals who could be identified by the data controller would be subject to unauthorised/unlawful processing by a third party who could not identify those individuals. So held in INFORMATION COMMISSSIONER v DSG RETAIL LTD ( “)”^ ) EWCA Civ 140.
PUBLIC CONTRACTS
March 2nd, 2026 by James Goudie KC in Decision making and ContractsSection 70 of the Procurement Act 2023, in relation to information about payments under public contracts is brought into effect on 1 April 2026 in accordance with Commencement No 4 Regulations. Reporting is due every 6 months.
ENVIRONMENTAL PERMITS
February 23rd, 2026 by James Goudie KC in Planning and EnvironmentalFrom 28 February 2026, operators applying for an environmental permit will need to include, for certain new or substantially refurbished electricity generating combustion power plants, a DECARBONISATION READINESS ( DR ) REPORT, in relation to CARBON CAPTURE READINESS, pursuant to the Environmental Permitting ( Electricity Generating Stations ) ( England and Wales ) Regulations 2016, as expanded in 2025.