INFLUENCE or CONTROL

March 6th, 2026 by James Goudie KC in Capital Finance and Companies

DBT 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 Litigation

ROBERTS 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).

 

CHARGING

March 6th, 2026 by James Goudie KC in Social Care

The Care & Support ( Charging & Assessment of Resources ) ( Amendment ) Regulations 2026, SI 2026/213, are made pursuant to the Care Act 2014, come into force on 6 April 2026, and extend to England an Wales. They amend 2014 regulations, SI 2014/2672. There are set out how local authorities calculate the amounts individuals can afford to and are required to contribute towards their care and support, both for those in care homes and those not in care homes.

 

SUBSIDY CONTROL

March 4th, 2026 by James Goudie KC in Capital Finance and Companies

A 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 Leisure

The 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 Litigation

DPP 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 Litigation

The 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 Contracts

Section 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 Environmental

From 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.

 

PUBLIC LAW DUTIES

February 20th, 2026 by James Goudie KC in Decision making and Contracts

R ( INTELLIGENT LAND INVESTMENTS GROUP PLC ) v GAS AND ELECTRICITY MARKETS AUTHIRITY ( 2026 ) EWHC 336 ( Admin ) addresses public law duties of PROCEDURAL FAIRNESS, at paras 43-46 & 51/52, and REASONABLE ENQUIRY ( Tameside ), at paras 47/48, in the context of a COMPETITIVE PROCESS for an AWARD by a public authority.