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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Advertising, marketing and sponsorship Consumer protection International Public procurement Supplier management Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship ASA rulings—5 June 2024 The Advertising Standards Authority ( ASA) looked into a complaint about an email communication that breached the rules by directly advertising to consumers unlicensed nicotine-containing e‑cigarettes and their component parts. The ASA duly upheld the complaint. See: LNB News 05/06/2024 27. Consumer protection Digital Markets, Competition and Consumers Act 2024 This Act sets out regulation of competition in digital markets; amends the Competition Act 1998 and the Enterprise Act 2002 and makes other provision concerning competition law; makes provision relating to the protection of consumer rights and confers further such rights; and for connected purposes. It came into force in part on 24 May 2024, and will come fully into force on such day as the...
Sherman v Reader Offers Ltd [2024] EWCA Civ 412 What are the practical implications of this case? This judgment delivers detailed guidance on: pinpointing the exact time and date on which a binding contract was concluded between the parties, and proportionality Commercial advisers should avoid partisan, selective readings when interpreting contractual material. Here, the language used during the telephone discussions, coupled with the paperwork sent by the defendant, aligned with the claimant’s case that the contract was formed on the later date. The Court of Appeal further rejected the lower courts’ reliance on the Package Travel, Package Holidays and Package Tours Regulations 1992 (the 1992 Regulations), SI 1992/3288, for determining the point of formation. Those Regulations do not supplant the classical law of formation, which obliges the court to analyse what the parties said and did in order to identify the stage at which, as...
In this issue: Advertising, marketing and sponsorship Brexit Confidential information Consumer protection 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& A Advertising, marketing and sponsorship ASA rulings—29 May 2024 The Advertising Standards Authority ( ASA) considered a complaint concerning Future Farm Plant- Based Food UK Ltd’s product packaging. The front displayed a promotion stating, ‘ WIN £1000 BUY ME AND SCAN TO ENTER T& C’ S APPLY’, with a QR code positioned in the middle of the wording. The complainant queried whether the ad breached the CAP Code by leaving out key conditions of the offer. The ASA agreed with the concern and upheld the complaint. See LNB News 29/05/2024 63. CMA launches...
The dispute stemmed from a 2012 agreement for the modernisation of DBS’ services (the ‘ Agreement’), under which TCS undertook to assume control of and operate DBS’ legacy platforms whilst creating new digital offerings. From day one, the programme suffered delays, prompting a reset of contractual milestones. TCS maintained that DBS was the source of those delays and, in particular, that DBS’ IT hosting provider, Hewlett Packard Enterprises ( HPE), caused a critical delay. DBS contended that the true cause was that TCS’ software was not ready to be deployed on the infrastructure owing to slippage in the development and testing of the software, and further said it bore no responsibility for HPE’s activities. TCS sought £110m in delay damages. DBS advanced a counterclaim for delay, together with claims tied to deficient software quality. A separate,...
Payone Gmb H v Logo [2024] EWHC 981 ( KB) What are the practical implications of this case? This decision draws attention to the considerations a court will assess when deciding if material mentioned at a hearing should be treated as being in the public domain and no longer protected by duties of confidence or related restraints. In this matter, the judge held that the documents had not become public and continued to attract confidentiality; however, the court underlined that the assessment is inherently one of fact and degree. The judgment further recorded that, if information has entered the public sphere, the court will not stand in the way of circulation, since doing so would lack any legitimate purpose. Parties engaged in litigation should therefore keep this ruling in view when selecting which documents and information to mention in, and place within the court...
In this issue Key developments and materials Advertising, marketing and sponsorship Agency and distribution Brexit Consumer protection Contracts International Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Key developments and materials Prime Minister Rishi Sunak has asked for, and obtained, the King’s permission to dissolve Parliament and has scheduled a general election for 4 July 2024. Under the Dissolution and Calling of Parliament Act 2022 ( DCPA 2022), Parliament will be prorogued on 24 May 2024 and dissolved on 30 May 2024. This analysis explores the consequences for bills currently before Parliament and the implications for government and public bodies in the period leading up to the election. See News Analysis: General election announced for 4 July...
Nearly two years after launching its probe into Boohoo, ASOS and Asda over potentially misleading environmental claims, the CMA has confirmed it has accepted Undertakings from each company. Under these Undertakings, the parties agree not to introduce new misleading environmental claims and to remove any that already exist. Although the Undertakings bind only the firms under investigation, the CMA’s accompanying open letter—issued alongside them and set against its expanding consumer caseload—signals that complying with consumer law is regarded as no less important than adhering to competition law. The letter also makes clear that the Undertakings should be treated as the benchmark for making environmental claims. Any business engaging in such claims should therefore carefully scrutinise its statements and practices to ensure they meet the Undertakings’ requirements. The CMA’s stance is especially timely given it is expected imminently, via the DMCC Act, to obtain...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce International Public procurement Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA rulings—15 May 2024: A complaint about a post on Astrid Wett’s X (formerly Twitter) profile, promoting a service collating betting offers, was upheld because the promotion featured a person under 25, breaching gambling ad rules. A further complaint concerned a Tik Tok promotion for a hangover cure that implied a food supplement could treat a human disease; the issue raised was that the claims were misleading. The ASA upheld both challenges. See: LNB News 15/05/2024 97. New CAP and BCAP Code rules on alcohol alternative product advertising come into force: The Advertising Standards Authority and the Committee of Advertising Practice have confirmed that, from 14 May 2024, the updated provisions in the...
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) Enacted in October 2023, the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) introduces a new requirement for large companies and businesses to establish 'reasonable procedures' to shield themselves from prosecution for a failure to prevent fraud. This closely aligns with the UK's Bribery Act 2010, under which organisations can face charges for not preventing bribery. Junior Home Office minister Andrew Sharpe told the House of Lords, Parliament’s upper chamber, that guidance might arrive within weeks. ' The government......
In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Sale and supply of goods Supply of services International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings— 8 May 2024. The Advertising Standards Authority ( ASA) considered a complaint about a website promoting a gambling offer that did not set out key entry conditions. The complainant queried whether the advertisement misled consumers. The ASA agreed and upheld the complaint. See: LNB News 08/05/2024 29. Contracts Supreme Court clarifies law on damages and assessment of goods ( Sharp Corp Ltd ( Respondent) v Viterra BV (previously known as Glencore Agriculture BV) ( Appellant)). In Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, the Supreme Court...
Background In March 2024, the Information Commissioner’s Office ( ICO) issued new guidance (the Guidance) explaining how it will determine penalty notices and set fines under the UK General Data Protection Regulation, the assimilated Regulation ( EU) 2016/679 ( UK GDPR), and the Data Protection Act 2018 ( DPA 2018) (collectively, the UK data protection laws). This Guidance replaces the penalty notice sections of the ICO Regulatory Action Policy from November 2018 and is far more detailed. It applies to all fresh cases concerning infringements of the UK data protection laws, and to ongoing matters where no notice of intent to impose a fine has yet been served... What are the key questions on which the Guidance provides greater clarity? The Guidance is divided into three sections: statutory background circumstances in which the ICO would consider a penalty notice...
What is happening? Recommerce—encompassing reselling, renting, refilling, repairing, and the reuse of goods—is already a notably valuable business model, with Barclays estimating it to be worth almost £7bn in the UK alone, and Visa projecting that figure will rise to £82bn by 2030. This expansion, particularly regarding resale activity, is widely considered to be led by Gen Z consumers in particular; more than two thirds now prefer to buy second-hand rather than new items, partly motivated by sustainability concerns. Why does it matter? The concept of recommerce is, of course, not new. However, fuelled by luxury retailers such as Selfridges adopting recommerce-led models, the growing number of dedicated rental or resale platforms, including Poshmark and Vestiaire Collective, and a heightened focus on luxury goods overall, these business models appear to be steadily moving from strength to strength across the market today......
Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another [2024] EWHC 766 ( TCC) What are the practical implications of this case? This judgment stands as both a warning and a reference point for suppliers and contracting authorities on managing non-compliant tenders. For authorities, there are two principal lessons: Non-compliance can be complex to assess, so decisions must be robust, impartial and well-evidenced. The court placed weight on DWP’s structured approach, noting it mapped out and evaluated multiple options, which underpinned the finding that DWP acted lawfully and rationally when making the Decision. Clear, unambiguous tender documentation is essential. Although the court found entirely in DWP’s favour, shortcomings linked to its tender materials prolonged the mini-competition and fuelled the dispute. For example, it took 12 months and five versions of the Pricing Schedule before a...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce 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 Latest Q& As Advertising, marketing and sponsorship Platforms hear non-binding EU court opinion proposing limits on the licence to deploy data for targeted ads If the judiciary adopts a legal opinion from the EU’s highest court dated 25 April 2024, social media firms could also potentially confront two possible constraints on how they handle data for personalised advertising. Delivering a non-binding view for the Court of Justice in litigation featuring Meta Platforms and Austrian privacy activist Max Schrems, Advocate General Athanasios Rantos advised that, under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), companies like Meta may not process data for personalised advertising without time limits, and that information being publicly available does not, by itself, permit its use for ad...
Social media companies face two possible restrictions on the way they can process data for personalised ads if judges follow a legal opinion issued for the EU’s top court on 25 April 2024 A non-binding opinion by Advocate General Athanasios Rantos for the Court of Justice, in the dispute between Meta Platforms and Austrian privacy advocate Max Schrems, signals two curbs on how platforms handle data for personalised advertising. He indicated that EU privacy rules bar firms from processing such data indefinitely, and that the mere fact information is public does not automatically justify its use for targeting ads. Data minimisation under the EU GDPR means companies cannot run targeted advertising with open-ended scope, either in duration or in the breadth of data involved, ruling out processing ‘without restriction as to time or type of data’. The case also examines whether...
Ayhan Sezer v Agroinvest [2024] EWHC 479 ( Comm) Facts Agroinvest had contracted to sell rape meal and soya bean meal to Ayhan Sezer under a sale contract between the parties. That agreement incorporated GAFTA 100 which, by clause 23, provided, in its standard form, that damages were to be assessed by reference to the ‘date of default’. The GAFTA Board of Appeal determined that Ayhan Sezer had repudiated the sale contract on 27 April 2018; however, it assessed the damages by reference to a date of default of 7 May 2018, this being the date on which the Board decided that Agroinvest’s acceptance of the repudiation occurred......
In this issue: Advertising, marketing and sponsorship Consumer protection E-commerce Intellectual property International Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA rulings—24 April 2024 The Advertising Standards Authority ( ASA) flagged a sponsored Facebook post by GKOnline Co Pty Ltd t/a Pups Den, Official Aida Store, for investigation after intelligence from its AI‑driven Active Ad Monitoring system indicated potential rule-breaking. The regulator questioned whether the promotion contravened the CAP Code by making medicinal or medical claims about alleviating menopause symptoms for an unlicensed product. The ASA upheld the challenge, concluding the ad breached the CAP Code. See: LNB News 24/04/2024 83. ASA publishes findings in research into environmental claims in food advertising The ASA has released headline findings from its 2023...
In this issue: Advertising, marketing and sponsorship Data protection E-commerce International Public procurement Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship ASA rulings—16 April 2024 The Advertising Standards Authority ( ASA) reviewed complaints about a webpage that overstated the availability of complimentary food and drink for First Class travellers on Cross Country Trains. A separate complaint concerned a television advert that suggested Flarin was superior to other ibuprofen products for joint pain. The complainants argued both ads were misleading. The ASA agreed and upheld the complaints. See: LNB News 18/04/2024 43. ASA publishes 2023 Annual Report The Advertising Standards Authority ( ASA) has released its 2023 Annual Report, spotlighting its AI-powered ‘ Active Ad...
The Competition and Markets Authority ( CMA) has issued informal guidance providing businesses with additional detail on its open-door policy, as described in section 7 of the Green Agreements Guidance. The open-door policy is specifically......
In this issue Advertising, marketing and sponsorship Agency and distribution Data protection International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—10 April 2024 The Advertising Standards Authority ( ASA) considered a complaint concerning a press advert, an Instagram advert and the website of Sky Mining Company Ltd t/a Sky Mining. The challenge questioned whether the terms ‘ Skydiamonds’, ‘diamonds’, ‘real diamonds’ and ‘diamonds made entirely from the sky’ used in the promotions were misleading. The ASA upheld the complaint. See: LNB News 10/04/2024 21. Agency and distribution Duties owed in fiduciary relationships and operation of section 10B of the Trade Marks Act 1994 ( Quantum Advisory v Quantum Actuarial) Lord Justice Newey handed down a trade mark-focused Court of Appeal ruling set against a complex...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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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