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26 June 2024
Issue: 8077 / Categories: Legal News , Environment , Climate change litigation
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Landmark climate judgment

Planning permission for oil extraction at Horse Hill, Surrey, must take into account the environmental impact of combustion emissions when the crude oil is refined and burned, the Supreme Court has held in a landmark judgment

Surrey County Council accepted an environmental impact assessment (EIA) which assessed only direct releases of greenhouse gases (GHGs) at the site.

The council argued combustion emissions could not as a matter of law be regarded as environmental effects of the project, and the decision of whether the combustion emissions were effects of the project was a matter of evaluative judgement for the council.

By a 3–2 majority decision, however, the Supreme Court held the council’s decision was unlawful, in R (Finch on behalf of Weald Action Group) v Surrey County Council & Ors [2024] UKSC 20, [2024] All ER (D) 71 (Jun).

Delivering his judgment, Lord Leggatt said: ‘The EIA Directive does not, as I interpret it, impose obligations which are impossibly onerous and unworkable. In particular, only effects which evidence shows are likely to occur and which are capable of meaningful assessment must be assessed.’

Dissenting, Lord Sales said that the EIA Directive ‘should not be given an artificially wide interpretation’.

Rowan Smith, senior associate, Leigh Day, representing Finch, said: ‘The court recognised that, because there was no doubt the oil would be burnt and release damaging [GHG] emissions into the air, such climate impact was an indirect effect of the project and should have been assessed as part of it.

‘Crucially, the court recognised that climate change is a global problem and that the damaging impact of emissions on the climate is not limited to where they originate. This truly historic judgment has very significant implications for the future assessment of fossil fuel projects and a number of cases currently before the courts.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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