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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Zaha Hadid Ltd v The Zaha Hadid Foundation [2024] EWHC 3325 ( Ch) Disagreements between the architect’s foundation and her practice In 2013, the architect, Dame Zaha Hadid (now the Zaha Hadid Foundation), and Zaha Hadid Limited concluded a trade mark licence allowing the company to use the ‘ Zaha Hadid’ brand in return for royalties. Following Dame Zaha’s death, the company sought to end the licence; however, aside from unilateral termination rights vested in the foundation, the agreement had no fixed term and was effectively of indefinite duration......
BBC World Service cited tests which it claimed showed that 17 products, largely own-brand lines, were likely to include Chinese tomatoes. The supermarkets offering these goods have challenged the BBC’s conclusions. The findings were also showcased in the BBC Panorama episode, ‘ What’s on Your Supermarket Shelves? The Dark Side of the Tomato Trade.’ The investigation reported that China produces about a third of the world’s tomatoes—principally from the Xinjiang region—where production is, it alleged, connected to forced labour involving Uyghurs and other predominantly Muslim minorities. Chinese officials reject assertions of coercion in the tomato industry and contend that workers’ rights are protected by law. This raises complex issues for UK grocers stocking such items, who may find themselves within the scope of the Proceeds of Crime Act 2002 ( POCA 2002) as a...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Public procurement Sale and supply of goods Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship High Court assesses damages following termination of licence to use software ( THJ Systems v Sheridan) The High Court determined damages after a software licence was brought to an end, showing its method for quantifying loss in commercial disputes of this kind. It stresses the need for compliance, robust and credible evidence, and careful separation of distinct claims, delivering practical guidance for lawyers in England and Wales. Written by Helen Hart, senior knowledge lawyer at Lewis Silkin LLP. See News Analysis: High Court assesses damages following...
Business and Trade Select Committee hearing: Shein questioned on cotton sourcing Yinan Zhu, Shein’s general counsel for Europe, the Middle East and Africa, told MPs she was unable to answer MPs’ questions on whether the company sources cotton from China’s western Xinjiang region, or whether its suppliers are prohibited from sourcing cotton from there. She maintained that claims of likely human rights abuses in the region are ‘not about Shein specifically’. Defending the company’s compliance work, Zhu said suppliers are bound by a code of conduct and that Shein has commissioned thousands of audits to ensure standards are met in the countries where it operates. Giving evidence to the Business and Trade Select Committee, she stated: ‘ We are compliant with the relevant UK laws’. The committee’s chair, Labour MP Liam Byrne, was not impressed. ‘ For a company that sells a...
THJ Systems Ltd and another company v Sheridan and another company [2024] EWHC 3195 ( Ch) What are the practical implications of this case? The judgment offers practical guidance on the court’s method for quantifying damages in commercial disputes. It underscores the need for procedural compliance, robust and credible evidence, and a careful separation of distinct heads of claim, providing actionable lessons for practitioners dealing with comparable matters in England and Wales... What was the background? Mr Mitchell ( M) developed a software application named Option NET Explorer ( Software) for options trading. He partnered with Mr Sheridan ( S), forming Option NET LLP (the LLP). Under the LLP’s model, M and his company, THJ Systems Ltd ( THJ), would supply the Software for S’s option trading mentoring business, Sheridan Options Mentoring Corporation ( SOM), to use. Relations deteriorated, prompting THJ to terminate SOM’s licence to use the...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Public procurement Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Commercial Highlights 2024/2025 Commercial Highlights 2024/2025 Advertising, marketing and sponsorship ASA rulings—18 December 2024 The Advertising Standards Authority ( ASA) this week upheld 20 complaints and informally settled a further 14, all concerning misleading advertising. See: LNB News 18/12/2024 70. THJ Systems Ltd v Sheridan [2024] EWHC 3195 ( Ch) Following a liability trial, the court determined two damages inquiries addressing breaches of advertising obligations and alleged copyright infringement by the defendants. The companies succeeded on Advertising Breaches, recovering £3,358,079.86, but their claim for wasted management time was rejected. The bid for Copyright Infringement damages failed as the claimants lacked cogent, credible proof. The court also refused additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1988, holding the...
What are ‘dupes’ and why do consumers buy them? ‘ Dupes’—an abbreviation of duplicates—are pitched as clever stand‑ins for premium items. Unlike counterfeit goods, which try to pass themselves off as the original under the original brand, dupes are framed as savvy alternatives to higher‑end products. Right now, they loom large across fast‑moving consumer goods ( FMCG), and especially in cosmetics, where influencer activity strongly drives demand. Owning an off‑brand replica was once something to keep under wraps, but in today’s fast‑paced, social‑media‑driven world that is no longer true. Shoppers aren’t pretending dupes are authentic; instead, they proudly present them as affordable substitutes. Across platforms— Tik Tok and You Tube in particular—users showcase budget‑friendly finds, attracting admiration for thriftiness and canny, strategic purchasing. Frugality has become a marker of taste and cultural cachet. Bloggers and influencers have been instrumental in the ‘dupe trend’ in recent years,...
Grain Communications Ltd v Shepherd Groundworks Ltd [2024] EWHC 3067 ( TCC) What are the practical implications of this case? This decision shows that, when interpreting variation instructions under a construction contract, the court may adopt a common-sense view of whether directions satisfy any limits on scope or formal requirements; it will not read instructions in a strict or overly pedantic way. Even so, parties should scrupulously observe any stipulated mechanisms for instructing variations—especially where works are to be omitted or deferred, as such directions can be contentious or create ambiguity. The judgment also offers clear and concise illustrations of the courts’ handling of other frequently disputed contractual issues, including implied terms, the interaction between common law and contractual rights, and claims that terms are unfair. What was the background? Grain Communications Ltd ( Grain) and Shepherd Groundworks Ltd ( Shepherd) entered into a framework...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts Data protection International Public procurement Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship ASA rulings—11 December 2024 The Advertising Standards Authority ( ASA) issued decisions on 14 complaints this week, and settled 12 more informally. Two notable themes emerged: misleading suggestions of endorsements or connections with relevant government bodies, and advertising that was socially irresponsible or offensive. See: LNB News 11/12/2024 58. Agency and distribution Car-finance lenders can appeal landmark ruling on non-disclosure of commission payments Two car-finance lenders, First Rand Bank and Close Brothers, have been granted leave by the Supreme Court to appeal a landmark decision that held it unlawful for brokers (car...
Bugsby Property Llc and another company v Omni Bridgeway ( Fund 5) Cayman Invt Ltd and another company [2024] EWHC 2986 ( Comm) What are the practical implications of this case? The ruling underlines that: whether a provision amounts to an arbitration agreement is a matter of construction, so each clause must be interpreted within its particular context if the agreement also contains a separate arbitration clause, and the wording of the two differs markedly, that contrast may suggest the clause was not intended to operate as an arbitration agreement where the contract offers two arbitral (or other dispute resolution) routes, there is no presumption of a broad and liberal construction for one mechanism ( Barclays Bank v Nylon Capital LLP [2011] EWCA Civ 826) care is required when drafting dispute resolution provisions, especially where more than one process is...
Compass Banca Sp A v Autorità Garante della Concorrenza e del Mercato, Case C-646/22, ECLI- EU- C-2024-957 What are the practical implications of this case? The Court of Justice reiterates that the average consumer is reasonably well-informed, reasonably observant and circumspect. As a result, the assessment of commercial practices must focus on a notional, typical consumer. This is an objective yardstick, uninfluenced by any specific knowledge or information held by particular individuals. Nevertheless, the Court of Justice acknowledges that such a practice may still materially distort the economic behaviour of that notional consumer where there is a lack of information on his or her part. Accordingly, traders are under a duty to ensure consumers are fully informed about the implications of their actions, enabling decisions taken with complete awareness of all pertinent facts. In practical terms, this may require the inclusion of clear and...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Public procurement International Sale and supply of goods Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—4 December 2024 The Advertising Standards Authority ( ASA) received three complaints concerning ACME Vape Ltd’s promotion of e‑cigarettes. The regulator upheld two of the three issues raised. See: LNB News 04/12/2024 35. DCMS publishes 2023–24 online advertising taskforce report The Department for Culture, Media & Sport has extended the Online Advertising Taskforce for a further year to continue tackling online advertising harms, with a particular focus on protecting children. The Taskforce—bringing together government and industry representatives—centres its work on six priority areas, including age assurance, influencer marketing, and...
Re Coinfloor Ltd (in members’ voluntary liquidation) [2024] EWHC 2767 ( Ch) What are the practical implications of this case? This ruling is significant for: confirming that doing nothing can, in context, amount to agreement to a novation by conduct; and setting out a practical framework for dealing with inactive customers or stakeholders, such as shareholders or creditors, who do not engage with a business sale or a liquidation. Conceptual implications As a general rule, novating a contract requires the agreement of all parties, and a court may infer that agreement after the event from the parties’ conduct (unless the contract insists on express consent). This judgment widens the notion of ‘action’ to encompass a party’s inaction. However, inaction alone will not prove novation; it must be accompanied by knowledge of the novation. Put another way, the passive party must be told of the transfer and still choose to remain...
Renaissance Securities ( Cyprus) Ltd v ILLC Chlodwig Enterprises and others [2024] EWHC 2843 ( Comm) What are the practical implications of this case? This case reaffirms the settled English law principles of interpretation, particularly in relation to arbitration clauses. The proper approach is to construe the arbitration clause in its entirety and by reference to the principal agreement that contains it, to determine, objectively, the meaning it would convey to a reasonable person equipped with the relevant background known to the parties when the bargain was struck, while disregarding prior negotiations and any statements of subjective intention. The ruling also offers guidance on how an arbitration clause and an ASI should be read in relation to third parties. In the absence of clear wording that a jurisdiction clause reaches claims against non-parties, the default position, when construing a...
In this issue Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—27 November 2024 The Advertising Standards Authority ( ASA) assessed two matters: a promotion offering free Persil detergent with a Samsung washing machine purchase that misled consumers, and a paid Google advertisement by Wizz Air featuring a misleading environmental claim. Both challenges were upheld. See: LNB News 27/11/2024 30. Consumer protection CMA finds loyalty pricing offers genuine savings in UK supermarkets The Competition and Markets Authority ( CMA) carried out an in-depth review of supermarket loyalty pricing. Examining 50,000 products, it found 92% of loyalty-priced items delivered real savings versus their usual prices, with typical reductions of 17–25%. The CMA found no...
The Principles on Choice of Law in International Commercial Contracts ( HCCH Principles) The Official Commentary to the Principles on Choice of Law in International Commercial Contracts, Hague Conference on International Private Law, The Hague 2015, serves as companion guidance to be consulted alongside the instrument’s full text. It is supporting material to be read in conjunction with the instrument’s complete text. What are the HCCH Principles on Choice of Law in International Commercial Contracts? Every contemporary legal order maintains domestic private international law rules, which frequently vary from State to State. Divergent decisions and differing readings of private international law provisions (including those governing choice of law) generate significant uncertainty for international trade and commerce. For years, the challenge of preventing inconsistent judicial outcomes has stood at the forefront of concern for international lawyers. That concern has driven, among others,...
My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 ( TCC) What are the practical implications of this case? This decision offers a timely reminder of the way time periods are to be construed within construction contracts, and acts as a useful sequel to the judgment in Elements ( Europe) Ltd v FK Building Ltd, which likewise involved a JCT form of contract. At bottom, though, it principally reiterates that the courts will give effect to the contractual text as agreed, and will decline to interpolate wording into a clause that the parties neither drafted nor intended. What was the background? My Contracts Ltd ( MCL) and 74 Hamilton Terrace Freehold Ltd (74HTF) entered into a contract based on the JCT Design and Build Contract 2016 edition, incorporating extensive bespoke amendments and dated 2 March 2023 (the Contract), for the execution of works...
Alphier Capital LLP v Blyvoor Gold Capital ( Pty) Ltd [2024] EWHC 2649 ( Ch) What are the practical implications of this case? The High Court’s ruling delivers key takeaways for companies and commercial advisers dealing with transfers of contractual entitlements and duties, especially where no-assignment provisions appear. Drafting: The decision underscores the need for meticulous wording in assignment provisions and the precedence given to a contract’s exact language. Practitioners should, where appropriate, make a clear distinction between assigning ‘rights’ and the ‘fruits’ of those rights, and ensure terms are precisely defined. Statutory definitions—such as ‘ Group’—are likely to be read strictly by the courts. Thompsell J’s application of clause 17.6, barring assignments absent the debtor’s written approval, shows the courts will not sidestep clear terms unless statute or compelling policy expressly allows. Structuring assignments: When arranging assignments, it is vital to comply...
In this issue: Advertising, marketing and sponsorship Brexit Confidential information Consumer protection Contracts International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship PECR—a serious but non-deliberate breach still warrants a substantial penalty ( Monetise Media Ltd v Information Commissioner) In a full-merits reassessment of a monetary penalty notice ( MPN), the First- Tier Tribunal ( FTT) heard Monetise Media Ltd’s ( MML) appeal against the Commissioner’s decision to impose a £125,000 MPN for breach of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR). The FTT replaced that sum with a reduced penalty of £85,000, finding that: (i) MML had “instigated” the dispatch of unsolicited marketing messages by third-party affiliates; (ii) MML acted negligently rather than deliberately; and (iii) the Commissioner erred by adopting too high a starting point and according undue weight to...
Background to the appeal The question on this appeal concerns when a trade union may litigate, as a third party, for breach of an employment contract between employer and worker. Sections 1(1)(b) and 1(3) of the Contracts ( Rights of Third Parties) Act 1999 ( C( RTP) A 1999) create a default rule: where a contractual term grants a benefit to a third party who is expressly identified in the instrument, that third party can enforce the term in its own name. It applies only where the beneficiary is expressly identified within the contract and thereby conferred a benefit. The appeal turns on the proper reading of section 1(2) C( RTP) A 1999, which states that the default position is displaced if, construing the contract correctly, it appears the parties did not intend the term to be actionable by the third party. The...
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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