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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Manufacturers of 'smart' products placed on the UK market are set to shoulder a sizeable administrative workload and technical obstacles to satisfy new cybersecurity obligations due to commence in under three months, with parallel duties extending to importers and distributors, according to cybersecurity adviser, Bluman. Bluman made the remarks in advance of the PSTI regulations 2023 coming into force on 29 April 2024. The UK government is empowered to impose the regulations under the PSTI Act 2022. It has recently written to industry to highlight the looming compliance date and to publicise guidance issued to support those efforts. The regulations set out granular security standards for 'relevant connectable products'—a label covering a broad range of internet-connectable and network-connectable items, including 'internet of things' devices and software. The regime, among other measures, effectively prohibits universal default passwords on in-scope products, requires the...
The consultation focused on five policy areas: presentation of pricing information, hidden fees and drip pricing prohibiting bogus, misleading or deceptive reviews the function and responsibilities of online platforms and their professional diligence duties online interface orders further amendments to the list of commercial practices in all circumstances deemed unfair, and private redress, in the Digital Markets, Competition and Consumers Bill ( DMCC Bill) The government has now confirmed that it will be introducing some revisions to the DMCC Bill as it moves forward through the legislative process, although certain issues will be left for additional consideration. What are the key takeaways from the Government Response for traders selling goods and services to consumers? The government plans to legislate on fake reviews, drip pricing and unit pricing. Traders should reassess how they request and publish product reviews, and ensure that overall and unit...
In this issue: Advertising, marketing and sponsorship Data protection E-commerce International Supplier management Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—7 February 2024 The Advertising Standards Authority ( ASA) considered a complaint about three promotional emails sent to customers by BKUK Group Ltd t/a Burger King. The concern was whether these communications promoted high fat, salt or sugar ( HFSS) items and were targeted at children by virtue of the medium or context in which they appeared. The ASA upheld the complaint. See: LNB News 07/02/2024 60. Data protection Top websites change advertising cookie banners following ICO warning The Information Commissioner’s Office ( ICO) notified 53 of the UK’s top 100 websites that, unless they amend their advertising cookie practices to comply with data...
A newer, though less widely known, idea is ‘bluewashing’. Whereas greenwashing centres on environmental claims, bluewashing relates to social matters such as modern slavery, labour practices and corporate diversity. It describes instances in which a business leverages affiliation or participation in a corporate social responsibility ( CSR) scheme to mask the reality that it is not applying those standards itself. In practice, numerous corporates treat ESG memberships as a tick-box tactic to win customers, without embedding the underlying principles internally. This piece will explore bluewashing further and highlight warning signs to consider. United Nations Global Compact ( UNGC) A prominent illustration of bluewashing emerged around the launch of the UNGC. Often, such signalling diverts attention from the absence of genuine change behind the scenes within their own operations......
Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 What are the practical implications of this case? This decision will interest anyone concerned with the canons of contractual construction. Those who draft or advise on non-assignment clauses will find it especially pertinent. Where an absolute bar on assignment is intended, wording must be explicit and unambiguous. Accordingly, drafters seeking to preclude transfers must choose language that leaves no room for implication. In Dassault Aviation, the Court of Appeal confirmed that it is inadequate to contend that a party should have appreciated, or in fact did appreciate, that assignment was a likely result of its conduct where the transfer is not the party’s own act but instead arises by operation of law. The Court’s stance can fairly be characterised as a strict black-letter approach. That black-letter reading is...
Given such flexibility, why bother with a written agency agreement? The reason is that a written contract may deliver a high level of certainty. In this regard the critical word is ‘may’, and that is because: where the Commercial Agents ( Council Directive) Regulations 1993 (as amended), SI 1993/3053 (the Commercial Agents Regulations) apply, specific duties are automatically imposed on both principal and agent. Moreover, in relation to many of those obligations, opting out is prohibited by the Commercial Agents Regulations whether or not the Commercial Agents Regulations govern the agency arrangement, certainty can dissipate when confronted with broad wording or clauses that are ineptly drafted within the written agency agreement The Commercial Agents Regulations The Commercial Agents Regulations place on each of the principal and the agent a duty to act dutifully and in good faith towards one another. The...
Easygroup Ltd v Easy Live ( Services) Ltd and others [2023] EWCA Civ 1508 What are the practical implications of this case? As Lord Justice Arnold noted, instances where misrepresentation is proven yet no damage is shown are scarce as hens’ teeth, so there are correspondingly few reasoned rulings on damage in passing off. This decision supplies much-needed direction. Three recognised heads of damage can complete the tort: lost revenue harm to repute damage to an existing or prospective licensing/endorsement business The third head is especially pertinent in unusual situations—like here—where trade mark infringement under section 10(2) of the Trade Marks Act 1994 ( TMA 1994) fails because the goods and services are dissimilar, yet goodwill and misrepresentation are made out. Unlike TMA 1994, s 10(2), passing off may not impose a threshold similarity of goods or services; however, proof of damage remains a...
On 12 January 2024, the United Kingdom formally put its name to the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention). This News Analysis examines what the Hague Judgments Convention sets out, and why the UK’s decision to join it is especially significant for Banking & Finance practitioners in particular. What is the Hague Judgments Convention? The Hague Judgments Convention establishes a shared framework of rules for recognising and enforcing civil and commercial court decisions originating from States that become parties to it (the Contracting States). The EU and Ukraine are, at present, Contracting States to the Hague Judgments Convention; however, a range of other states have signed, among them the US and, now, the UK. The Tracker— Hague Judgments Convention offers details on whether a jurisdiction has signed the...
Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 ( TCC) What are the practical implications of the case? The ruling is significant for commercial practitioners as it explores the drafting and interpretation of exclusion and limitation provisions, especially where a clause states ‘unless fraudulent’ or similar wording. This matters to both contract drafters and litigators: properly construed, the references to fraud in the exclusion and limitation clauses were confined to fraudulent misrepresentation. As the claim did not allege fraudulent misrepresentation, the judge decided that, even if any breach of contract had been carried out dishonestly, Uo P could still invoke the relevant protections. In addressing UCTA 1977, the judge recognised that assessing whether a term is ‘reasonable’ under UCTA 1977, Sch 2, s 11 is inherently fact-specific and outlined a range of pertinent...
Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction ( Europe) Ltd [2024] EWHC 37 ( TCC) What are the practical implications of this case? This ruling illustrates that the court retains a discretion to refuse striking out and staying proceedings, even where a party has failed to abide by compulsory alternative dispute resolution obligation. That conclusion may come as a surprise to practitioners who might anticipate steps to enforce mandatory alternative resolution clauses. The court, however, weighed the practical difficulties that would emerge if the claim brought solely against the fourth defendant were put on hold. Imposing a stay in that context posed a risk of either postponing the progress of the litigation overall, or of the claim against the fourth defendant advancing on a different timetable from the other claims within the proceedings. The obligatory character of the ADR clause, which...
In this issue: Advertising, marketing and sponsorship Brexit Consumer protection Contracts International Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—24 January 2024 The Advertising Standards Authority ( ASA) considered a complaint about a packaging offer for ‘free days out’ that failed to include key terms. The ASA upheld the challenge. See: LNB News 24/01/2024 33. Brexit DBT publishes Retained EU Law ( REUL) parliamentary report The Department for Business and Trade ( DBT) has released the Retained EU Law ( REUL) parliamentary report covering June– December 2023. It charts the government’s progress on revoking and reforming REUL and sets out plans for forthcoming changes. DBT confirms this is the first in a series of six‑monthly reports running to June 2026. The report opens by...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property 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 ASA rulings—17 January 2024 The Driver Vehicle Standards Agency ( DVSA) lodged a complaint with the Advertising Standards Authority ( ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority ( ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other...
Yours Naturally Naturally Yours Ltd v Kate Mc Iver Skin Ltd and another [2023] EWCA Civ 1493 What are the practical implications of this case? This appeal concerned a conventional—albeit factually intricate—dispute over passing off and copyright infringement. Grant of permission by the Court of Appeal was somewhat unexpected; nevertheless, when granting permission the court encouraged the parties to mediate, an invitation that went unheeded. Of practical significance was the Court of Appeal’s treatment of the parties’ pleaded cases. Practitioners should take care that pleadings mirror the client’s position as ultimately presented at trial. In this instance, several shortcomings emerged. First, goodwill in particular features of the product was not expressly pleaded. Although a trial judge can, in some situations, infer goodwill from the broader evidential context, that approach cannot be assumed to apply across all passing off claims. Second, the judgment...
Aston Martin MENA Ltd v Aston Martin Lagonda Ltd [2023] EWHC 3285 ( Comm) What are the practical implications of this case? This decision offers clear, detailed guidance on: construing competing readings of commercial contracts, and the extent and substance of express and implied duties of good faith Commercial lawyers should resist any analysis that isolates a single provision. The court undertook a meticulous review of each clause alongside the relevant definitions and related provisions to ascertain the parties’ true shared intention, particularly where ambiguity arose. As for implied terms grounded in business efficacy or good faith, the governing yardstick remains the test in Marks and Spencer plc v BNP Paribas Securities Services Trust Co ( Jersey) Ltd [2015] UKSC 72. In a professionally drafted commercial contract, a term will not be implied unless it is both necessary and obvious to achieve...
In this issue Advertising, marketing and sponsorship Consumer protection Data protection Franchising International 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—10 January 2024 The Advertising Standards Authority ( ASA) considered a grievance about two concert ticket adverts from viagogo AG (viagogo), which operates a secondary ticketing website. The ASA upheld the complaint. See: LNB News 10/01/2024 25. Consumer protection Lipton and another v BA City Flyer Ltd The hearing of the appeal in the Supreme Court begins on 06 February 2024. In the earlier decision, the appellants succeeded in challenging the rejection of their compensation claim under Regulation ( EC) 261/2004 after their flight was cancelled owing to the captain’s illness. Under art 5(3) of that...
The Burke Partnership v The Body Shop International Ltd [2023] EWHC 2897 ( Ch) Franchise contracts are commonly set for the medium to long term, often include renewal provisions, and, at the outset of a new relationship, both sides frequently avoid hard bargaining over termination and exit mechanics. Yet a franchisor’s ability to disengage from a lengthy arrangement when a franchisee no longer aligns with its operating model warrants close consideration. The English High Court recently considered whether cosmetics retailer The Body Shop could, in the absence of express termination clauses, bring long-standing franchise agreements to an end on reasonable notice after roughly forty years. The judgment may make uncomfortable reading for franchisors, who could find their room for manoeuvre more limited than anticipated... The background and the dispute In 1980 and 1981, Body Shop International, acting as franchisor ( Body Shop), and The Burke...
This News Analysis was first published on 16 June 2023. It has subsequently been updated to take account of the Online Safety Act 2023 and the Retained EU Law ( Revocation and Reform) Act 2023. What is the practical effect of reg 3(2) of the E- Commerce Regulations 2002 The E- Commerce Regulations 2002, SI 2002/2013, set out significant curbs on civil and criminal exposure for providers of online intermediary services (online intermediaries) concerning discrete items of content shared or otherwise conveyed via their systems. Commonly called ‘safe harbours’, these rules restrict the responsibility of online intermediaries, including where they are acting as ‘mere conduits’ ( SI 2002/2013, reg 17), performing ‘caching’ ( SI 2002/2013, reg 18), or ‘hosting’ material ( SI 2002/2013, reg 19). In summary, under the E- Commerce Regulations 2002, online intermediaries are not accountable for unlawful content on their...
Virgin Enterprises Ltd v Brightline Holdings LLC [2023] EWHC 2240 ( Comm) What are the practical implications of this case? The decisive issue is how the contractual clause is construed and the meaning assigned to it when assessing whether a breach has occurred. The pertinent expressions in the TMLA were considered unclear, as they were neither defined nor terms of art with a settled, widely recognised meaning among marketing practitioners. Consequently, greater weight had to be given to the factual and commercial background: the overarching purpose of the clause and the agreement containing it; the facts and circumstances known or readily available to both parties at the time of contracting; and commercial common sense—more than is usually required when interpreting a professionally drafted commercial contract. For the defendant to prevail, it needed to demonstrate that the conditions for...
Barclays Bank UK plc v Terry [2023] EWHC 2726 ( Ch) What are the practical implications of this case? This ruling illustrates how the court approaches rectification of the register where a mistake stems from a unilateral error by one party. It also matters more broadly, as the framework for addressing mistakes continues to have general reach, and the judgment touches on procedural aspects concerning witness statements and representative actions that practitioners will find of enduring relevance. What was the background? As part of a programme to streamline its mortgage portfolio, Barclays Bank plc undertook a long-term IT initiative to locate mortgages that had been redeemed but not formally discharged. The exercise identified over 41,000 mortgages. After review, the bank marked them as discharged on its system and sent automated applications to the Land Registry. Only once approximately 25,900 charges had been removed did the bank...
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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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