Judicial Review

New Lottery Company v Gambling Commission: High Court reinforces the high bar for procurement challenges

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The High Court’s decision in New Lottery Company v Gambling Commission [2026] EWHC 891 (TCC) provides an important reminder of the evidential and legal burden facing claimants in complex procurement disputes.
The case arose from the award of the fourth UK National Lottery Licence to Allwyn. The incumbent operator’s bid vehicle, New Lottery Company, challenged the procurement process, including the evaluation and scoring of bids, as well as subsequent modifications made to the licence after award. Damages of up to £1.3 billion were reportedly sought.
The Court dismissed the claims in their entirety.
For lawyers, public bodies, developers, investors and other stakeholders involved in regulated procurement processes, the judgment is significant. It reinforces the Court’s reluctance to interfere with complex procurement evaluations unless there is a clear legal basis to do so. It also highlights the commercial impact that procurement challenges can have, even where they ultimately fail.

Spain’s Energy Transition: Progress, Pressure and System Risk

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Spain has emerged as one of Europe’s leading renewable energy markets. Rapid deployment of solar and wind generation, combined with reduced exposure to imported gas, has positioned the country as a central case study in the European energy transition.

For policymakers, investors and infrastructure participants, Spain has increasingly been viewed as evidence that decarbonisation and energy security can be pursued simultaneously. Lower wholesale electricity prices, significant renewable capacity growth and continued policy support have reinforced that narrative.

However, the nationwide blackout on 28 April 2025 introduced a more complex discussion.

While initial commentary sought to attribute the outage to the high penetration of renewable energy within the system, subsequent analysis has pointed elsewhere. The incident instead highlighted a broader issue facing multiple European markets: whether grid infrastructure, operational systems and regulatory frameworks are evolving quickly enough to support large-scale renewable deployment.

For lawyers, lenders, insurers and developers, this distinction matters.

The key legal and commercial risks in the energy transition are increasingly moving beyond the question of whether projects can be developed. The focus is shifting toward whether energy systems can operate reliably, flexibly and accountably at scale.

Germany’s Renewable Energy Market in 2026: Growth, Litigation Risk and the Role of Insurance

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Germany remains one of Europe’s most important renewable energy markets. With ambitious 2030 targets, continued growth in wind and solar, and increasing focus on battery energy storage systems, the direction of travel is clear.

The German market is moving at scale.

Renewable installed capacity increased by nearly 21 GW in 2025, reaching just under 210 GW in total. Renewables also accounted for around 55% of gross electricity consumption, against Germany’s target of 80% by 2030.

For developers, lenders and legal advisers, this creates significant opportunity. However, it also brings a familiar challenge: the gap between policy ambition and project delivery.

Permitting reform may support faster deployment, but litigation risk continues to affect renewable energy schemes. Legal challenges can delay construction, require project modifications and create additional, unbudgeted costs before any final judgment is reached.

For lawyers advising on renewable energy projects, the question is no longer simply whether a permit can be obtained. It is whether the project can withstand the financial consequences of challenge, suspension and interruption.

The EU Renewable Energy Framework Post-2030: What the Consultation Means for Developers and Investors

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EU

The European Commission’s consultation on the Renewable Energy Framework beyond 2030 represents a pivotal moment in the evolution of Europe’s energy transition. With renewable capacity having doubled over the past decade, the focus is now shifting from ambition to delivery.
For developers, investors, and stakeholders operating within the renewable energy sector, this consultation is not merely a policy exercise. It is a clear signal that the next phase of growth will be defined by how effectively projects can be executed within an increasingly complex legal and regulatory environment.

Europe’s Scaling Renewable Energy Pipeline: Growth, Complexity and the Challenge of Delivery

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Renewables

Europe’s renewable energy pipeline is expanding at an unprecedented pace. Across key markets including Spain, Germany, the United Kingdom and France, governments are accelerating deployment through policy reform, tender programmes and structured allocation mechanisms.

This momentum reflects a clear strategic priority: to meet climate targets and secure long-term energy resilience.

However, as the pipeline scales, so too does the complexity of delivering projects on the ground.

Judicial Review Reform in Ireland: A Structural Shift with Material Implications for Development Risk

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The Irish Government’s proposed Civil Reform Bill 2025 represents one of the most significant overhauls of civil litigation in decades. At its core sits a fundamental reconfiguration of judicial review, a mechanism which has long been central to planning, infrastructure, and environmental disputes.

For lawyers advising on development risk, the reforms are both commercially material and legally nuanced. They promise greater procedural certainty and speed, yet have prompted notable concern within the legal community regarding access to justice and the recalibration of long-established principles.

Infrastructure Planning Reform 2026: What the New Regulations Mean for Major Commercial Projects

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The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026, which came into force on 8 January 2026, mark a notable development in England’s planning framework for large-scale commercial infrastructure. By expanding access to the Nationally Significant Infrastructure Project (NSIP) regime, the Regulations signal a shift in how certain strategically important developments, particularly data centres, may be consented going forward.
While the changes are evolutionary rather than revolutionary, they reflect a broader policy direction: recognising that some commercial developments now carry national economic and infrastructure significance, and may warrant a consenting route traditionally reserved for major public infrastructure.

The Planning & Infrastructure Bill: Part 3 Amendments and the Rising Judicial Review Risk

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The Planning & Infrastructure Bill represents one of the most significant overhauls of the UK planning regime in recent years. Part 3 of the Bill, which addresses long-standing environmental constraints on development, has been presented by government as a mechanism to unlock stalled housing and infrastructure schemes. Yet while the amendments promise to reduce costs and accelerate delivery, they also heighten the prospect of Judicial Review challenges. For developers, funders, and insurers alike, the stakes could not be higher.

Judicial Review Dismissed in Wimbledon Park Expansion: Key Legal and Planning Implications

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On 21 July 2025, the High Court dismissed a high-profile judicial review challenge brought by Save Wimbledon Park Ltd against the Mayor of London. The case centred on the Mayor’s decision to grant planning permission for the expansion of the All England Lawn Tennis Ground (AELTG) across 39.7 hectares of Metropolitan Open Land (MOL), including the Wimbledon Park Golf Course.
Presided over by Mr Justice Saini, the judgment offers important insights into the interaction between planning decisions, legal constraints such as restrictive covenants, and the treatment of heritage and recreational land under the National Planning Policy Framework (NPPF). For law firms advising developers, local authorities, or community groups, the case provides a timely and instructive precedent.

UK Data Centre Expansion: Judicial Review Risks and the Renewables Imperative

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The UK is poised for a substantial uplift in its data centre infrastructure, with nearly 100 new developments expected over the next five years – an increase of almost 20 per cent over existing facilities. This surge is driven by escalating demand for artificial intelligence processing power and fuelled by significant investments from major firms, including a £10 billion AI-focused centre in Blyth backed by Blackstone, and hundreds of millions of pounds from tech giants such as Google and Microsoft.