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ARTICLE · 26 AUGUST 2026

Project Nutcracker: Can Parliament Rubber-stamp A DCO To Make It Legally Unchallengeable?

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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The UK Government's proposal to use parliamentary sovereignty to shield energy project consents from judicial review faces fundamental constitutional and practical obstacles

United KingdomEnergy and Natural Resources
Catherine Howard
Catherine Howard
Leon Culot
Leon Culot
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The UK Government's proposal to use parliamentary sovereignty to shield energy project consents from judicial review faces fundamental constitutional and practical obstacles

In May this year, the Government published a Policy Paper (Getting Britain Building: Reforming Judicial Review for Infrastructure) with two new ideas for stopping legal challenges from delaying major infrastructure projects: [here].

I have written a previous Nutcracker on the Government’s ‘challenge window’ idea: [here].

In this Nutcracker, I examine the other proposal – the suggestion that Parliament could vote to endorse some development consent orders (DCO), so that they become judicial review proof. 

The big sell: Parliamentary sovereignty

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