Judicial Review

Legal Challenges and Ireland’s Data Centre Growth: Delivery Risk in a Power-Constrained Market

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Ireland has become one of Europe’s most important data centre markets. Its attractiveness is clear: a strong technology ecosystem, access to transatlantic connectivity, a favourable business environment and a concentration of major global technology companies.

But Ireland’s data centre success is now facing a familiar infrastructure problem: demand is moving faster than the legal, planning and energy systems required to support it.

Recent legal challenges to Ireland’s data centre policy underline the issue. Environmental groups have challenged the regulatory framework for connecting large energy users to the grid, arguing that rules allowing new data centres to rely on fossil-fuel generation conflict with climate obligations. The Irish High Court has granted leave for such a challenge to proceed.

For developers, investors, lenders and their legal advisers, this is not simply an Irish data centre story. It is a case study in how government policy, climate law, grid capacity and judicial review risk can collide.

When Community Opposition Becomes a Brake on London’s Progress

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London has always evolved through tension.

Every major change to the capital, from new housing and transport infrastructure to hospitality, cultural venues and mixed-use regeneration, sits at the intersection of competing interests. Residents want amenity, safety and a sense of place. Businesses need certainty, footfall and operating flexibility. Developers require planning confidence, investable timelines and a regulatory environment that supports delivery.

That balance is not easy. Nor should it be. Local engagement is a vital part of the planning and licensing system. Communities must have a voice where development affects noise, light, heritage, public realm, safety and quality of life.

But recent debate around Soho highlights a more difficult question for London: what happens when local opposition moves from scrutiny to obstruction?

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.

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.

Navigating Gateways 2 and 3: What this means for Rights of Light Insurance

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The full implementation of the Building Safety Act 2022 represents a profound shift in the regulatory framework for higher-risk residential buildings (HRBs). Following the Grenfell Tower tragedy, this legislation introduces new compliance requirements, with Gateway 2 and Gateway 3 now fully operational as of October 2023. For developers, funders, and insurers, the implications are significant, particularly when it comes to rights of light exposure and the structuring of indemnity insurance.