A set of binding corporate rules (BCR) is a binding global code of practice based on European privacy standards, reinforced by an organisation's internal compliance system, and which national regulators approve in accordance with their own legislation.

Arbitration analysis: In this ruling, the English Commercial Court found in favour of the binding nature of the dispositive part of an arbitral award in an arbitration under the English Arbitration Act 1996 (EAA 1996), holding that the dispositive wording of the award constitutes a comprehensive statement of the remedies awarded by the tribunal equivalent to a court order following trial. The court also confirmed that by virtue of the overarching party autonomy rule, a tribunal’s jurisdiction could be revived after issuance of a final award with the express agreement of the parties and the tribunal. Written by Dr Gordon Blanke, founding principal at Blanke Arbitration.

The solicitor firm Bindmans, which is representing the United Nations Special Rapporteur on trafficking in persons, Professor Siobhán Mullally, in a third-party intervention before the European Court of Human Rights (ECtHR) in Shamima Begum v the UK, has published details of the intervention. This argues that states remain under continuing obligations to protect and investigate potential victims of trafficking under Article 4 of the European Convention on Human Rights (ECHR), including where victims have left the state’s territory.

Term given to the variety of life, within and between all species of plants animals and microorganisms and the ecosystems within which they live and interact.

means the reduction of any aspect of Biological Diversity in a particular area, which can be lost through death (including extinction), destruction or manual removal.

Introduction To place the need for protected nature sites in context, the UK State of Nature Report published in 2023 reiterated that the UK’s wildlife is continuing to decline. The UK has seen significant loss of plants, animals and fungi. The main reasons cited in the Report for nature’s decline are development, land use and farming, climate change, unsustainable fishing and marine development. Similarly, the Secretary of State for Energy Security and Net Zero noted in his statement to the House of Commons, ‘State of Climate and Nature’ on 14 July 2025 that : ‘We know that climate change and nature loss are fundamentally linked and contribute to each other. Globally, we are losing species at a much faster rate than at any other time in human history. Here in Britain, a quarter of our mammals and nearly half of our bird species are currently at risk of extinction, with birds such as starlings, turtle doves and grey partridges under threat. The abundance of species in England has fallen by an estimated third since 1970, and Britain has become one

Planning analysis: On 2 June 2026, the government published biodiversity gain statements for nationally significant infrastructure projects (NSIPs) in England in the areas of airports, data centres, energy, geological disposal infrastructure, hazardous waste, national networks, ports, waste water and water resources, as well as a general statement for development where no national policy statement has effect. The statements confirm how NSIPs must calculate, deliver and report on biodiversity net gain (BNG) once mandatory BNG applies to applications made on or after 2 November 2026.

This Practice Note looks at the practical construction consequences of biodiversity net gain (BNG) and related habitat mitigation conditions, looking at the practical impact from a construction law aspect rather than the planning law test for whether such a condition is validly imposed. Construction lawyers do not generally advise on planning procedure; what matters to their clients is the effect that a habitat condition has on programme, cost, specialist procurement, risk allocation under the building contract, and the consequences of getting it wrong. This note covers those practical impacts for developers, funders, contractors, consultants and suppliers, with worked examples including the Lower Thames Crossing and the Connah’s Quay saltmarsh proposals. Carbon capture and greenhouse gas removal (GGR) issues are addressed separately in the companion Practice Note. Why BNG affects construction delivery In England, subject to exemptions and commencement and transitional provisions, grants of planning permission under the Town and Country Planning Act 1990 are deemed to be subject to the statutory biodiversity gain (BNG) condition introduced by the Environment Act 2021. In brief,

Planning analysis: This article examines the proposed implementation of biodiversity net gain (BNG) requirements for nationally significant infrastructure projects (NSIPs) under the Environment Act 2021 (EA 2021). BNG, which mandates that developments deliver a minimum 10% net gain in biodiversity and maintain it for 30 years, and has already been introduced for Town and Country Planning Act 1990 (TCPA 1990) applications. The government has now launched a consultation on extending BNG to NSIPs, with implementation delayed from November 2025 to May 2026. The article outlines key elements of the proposal, highlights differences from the TCPA 1990 regime-particularly the requirement for earlier submission of biodiversity gain plans—and explores how BNG will apply in practice to NSIPs. It also identifies unresolved issues and areas on which views are being sought, including how to treat unused or temporarily used land. Written by Angus Walker, partner at Broadfield Law UK LLP.

This Practice Note is based on the enabling provisions in the Planning Act 2008 (PA 2008) for the biodiversity net gain (BNG) regime for nationally significant infrastructure projects (NSIPs) in England, and the 10 biodiversity gain statements (BGSs) published in June 2026. It will be updated when further regulations and procedural guidance on how the BNG regime is to operate are published. This Practice Note was last updated in June 2026. What is biodiversity net gain? BNG is a principle which aims to leave the natural environment in a measurably better state after development than beforehand. The Environment Act 2021 (EA 2021) introduced a mandatory BNG requirement in England for new developments under the Town and Country Planning Act 1990 (TCPA 1990) in 2024, meaning they must deliver 10% BNG, see Practice Note: Biodiversity net gain in England. EA 2021 also provides for a mandatory BNG requirement for NSIPs under PA 2008 in England from 2 November 2026, as explained further in this Practice Note. Mandatory planning requirement for biodiversity

STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. What is biodiversity net gain? Biodiversity net gain (BNG) is a principle which aims to leave the natural environment in a measurably better state after development than beforehand. The mandatory legislative requirements for development to provide net gain apply to planning permission granted from 12 February 2024 for development under the Town and Country Planning Act 1990 (TCPA 1990), unless exempt. Aside from the mandatory statutory requirement, biodiversity gain is encouraged by policy in the National Planning Policy Framework (NPPF), and may be a requirement of local planning policy. Some local planning authorities (LPAs) may have included BNG policies in their local plan, so it is important to check whether this is the case before submitting a planning application as both statutory and policy-based BNG may apply. The BNG Planning Practice Guidance (PPG) was finalised on 14 February 2024. It applies to statutory-based BNG (rather than policy-based). See

From 12 February 2024, all planning permissions (subject to exceptions) granted in England pursuant to planning applications submitted under the Town and Country Planning Act 1990 on or after this date are subject to a condition requiring that the biodiversity value attributable to the development exceeds the pre-development value of the onsite habitat by at least 10%.