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In this issue Court of Protection UK taxation for private clients Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Budgets and Finance Bills Private client insolvency Digital and crypto assets Charity and philanthropy Disputed trusts and estates Pensions, insurance and tax‑efficient investments International Further Private Client updates this week Question of the week News alerts—daily and weekly LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Court of Protection Court rules that an anonymity application under CPR 39.2(4) and section 6 of the Human Rights Act 1998 must proceed on a statutory basis (PMC (a child by his mother and litigation friend FLR) v Local Health Board) The claimant, a boy born in 2012, pursued a clinical negligence action against an NHS trust for injuries at birth. The claim, issued in March...
In this issue: Building safety JCT contracts Arbitration Adjudication Contract law Environmental issues LexTalk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&As Construction trackers Building safety TCC makes first reported building liability order (381 Southwark Park v Click St Andrews) In 381 Southwark Park Road RTM Company Limited and others v Click St Andrews Limited and another [2024] EWHC 3569 (TCC), the TCC appears to have issued the first reported building liability order under section 130 of the Building Safety Act 2022 (BSA 2022). The successful parties were leaseholders of flats in a residential block. By an earlier judgment, the leaseholders had established that a developer was liable for defective works carried out to the block, which constituted ‘building safety risks’ for the purposes of BSA 2022, s 130. In this application, the leaseholders obtained a building liability order against a company within the developer’s corporate group,...
In this issue: Trespass and adverse possession Lease covenants and alterations Disputes and remedies Key developments and horizon scanning LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Trespass and adverse possession The freedoms of expression and assembly can be curtailed to avert trespass on private land, as illustrated by The University of London v Harvie-Clark [2024] EWHC 2895 (Ch). The University sought an interim, precautionary injunction against identified defendants and persons unknown to stop incursions onto its estate arising from continuing protests. The court held the criteria for such relief against persons unknown were satisfied: a proper cause of action was shown; the claimant had given full and frank disclosure; the evidential basis was sufficient; and the defendants had no realistic defence. Although the defendants’ rights to freedom of speech and assembly were engaged, the judge...
CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware (M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for developing and certifying third-party FC HBAs; a commitment to ensure interoperability with VMware’s server virtualisation software,...
STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025), with elements taking effect that day. Measures addressing, among other things, responses to data subject access requests and the grant of powers to make further regulations commenced immediately on 19 June 2025. Other elements, including notices issued by the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025, two months after Royal Assent. The bulk of DUAA 2025 requires additional regulations, in the form of statutory instruments, before those provisions can start. Part 5 of DUAA 2025 revises aspects of the UK’s data protection and ePrivacy framework, covering the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. Most of Part 5’s measures take effect on 5 February 2026 by virtue of the Data (Use and Access) Act 2025...
What are OFTOs? Offshore Transmission Owners (OFTOs) hold and operate the offshore transmission assets that link offshore wind farms to the mainland electricity system. These assets span the full chain from the offshore interface with the generating wind farm through to the onshore grid connection point, and include all cables and related connection equipment. Commonly, the assets comprise any offshore platforms and linked substations, export cables, the onshore substation, and the onshore cable routes to the Distribution Network Operator substation. For details on the various participants in the Great Britain (GB) onshore and offshore transmission landscape, and how they sit within the broader GB electricity market, see Practice Note: The Great Britain electricity market—an introduction. Introduction to the OFTO regime The legislative framework In 2011, the EU Third Energy Package was transposed into UK law via the Electricity and Gas (Internal Markets) Regulations 2011 (2011 Regulations), SI 2011/2704, establishing ‘ownership unbundling’. This requires the separation of transmission system ownership and operation from gas and electricity generation,...