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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Ropa v Kharis Solutions Ltd [2026] EWHC 259 ( Comm) What are the practical implications of the case? The claimant issued a Notice to Arbitrate on 18 February 2025. The defendant nevertheless held up the arbitration for twelve months by contesting the Notice’s validity, the construction of the dispute resolution clause, and the validity of the claim form. Both sides incurred notable expense addressing these preliminary points. Although dispute resolution provisions are rarely centre-stage when contracting, dedicating time and cost to eliminate scope for challenges to their application can prove a sound investment. What was the background? The parties’ agreement contained three dispute resolution provisions: 54. The members submit to the jurisdiction of the court of the Country of England for the enforcement of this Agreement and for any arbitration award or decision arising from this Agreement. 55. In the event a dispute arises out of or in...
Leigh Day, acting for 24 migrant workers, said in a joint statement that the dispute has been resolved without Dyson accepting liability. The details of the agreement remain confidential. ‘ This outcome reflects the costs of litigation and the advantages of bringing matters to a close,’ the notice on the firm’s website stated. The 24 claimants, hailing from Nepal and Bangladesh, alleged they were trafficked from their homelands. They reported suffering exploitative, abusive labour and living arrangements whilst working for a third‑party supplier producing goods and parts for the Dyson Group, widely recognised for its vacuum cleaners. According to the workers, they were housed in cramped, unhygienic factory quarters and compelled to work in excess of 12 hours per day, for pay below the minimum wage......
WH Holding Ltd v London Stadium LLP (formerly E20 Stadium Llp) [2026] EWCA Civ 153 What are the practical implications of the case? This decision sets out clear parameters for what amounts to a ‘manifest error’ in an expert determination. It also confirms that complaints about the application of a formula do not attract a distinct standard: ie the manifest error threshold applies whatever the character of the alleged mistake. The hurdle to overturn a determination for manifest error is high. A merely arguable misstep is not enough. The error must be ‘so obvious as to admit of no difference of opinion’. The Court of Appeal further emphasised scrutiny of the expert’s analytical starting point: ie was that plainly incorrect. Where the expert is granted a wide discretion under the determination mechanism, it is harder to impugn their conclusion than where the...
In this issue: Advertising, marketing and sponsorship Confidential information Contracts International Supply chain Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Horizon Scanners and Trackers Advertising, marketing and sponsorship CAP issues enforcement notice on disclosure of loot boxes in mobile game app store listings The Committee of Advertising Practice ( CAP) has released an enforcement notice requiring clear, prominent labelling of loot boxes in specified mobile game app store listings. The notice applies to listings on the Apple App Store and Google Play Store, within the remit of the CAP Code, that promote mobile games featuring loot boxes purchasable with real money or with virtual currency available only by paying. Its purpose is to ensure consumers are informed, before buying or downloading a game, if it...
The Court of Appeal concluded that nothing in the overall terms of the 2013 licensing agreement supports the contention that only the architect could terminate the arrangement, as opposed to the company, Zaha Hadid Limited. Sir Colin Birss, the Chancellor of the High Court, presiding over a three-judge panel, explained that the contract’s wording shows the term was meant to be ‘indefinite’ rather than to continue ‘in perpetuity’. Put another way, it does not claim to bind the parties forever. The arrangement can be brought to a close and, from the language used, one would infer it was capable of termination by either party on reasonable notice. In December 2024, Judge Adam Johnson held that the agreement did not confer on the company a right to terminate on reasonable notice. The High Court judge then refused permission to appeal his ruling. He stated he could not...
In this issue: Advertising, marketing and sponsorship Agency and distribution Contracts Data protection 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 Horizon Scanners and Trackers Advertising, marketing and sponsorship ASA rulings—25 February 2026 The Advertising Standards Authority ( ASA) received a complaint about comparative statements featured on Practice Pal Ltd’s site promoting its school management platform. The ASA agreed with the complainant and upheld the issue. See: LNB News 25/02/2026 13. DCMS announces consultation on banning unlicensed gambling operator sports sponsorship The Department for Culture, Media and Sport ( DCMS) has flagged an impending consultation to prohibit unlicensed gambling operators from sponsoring British sports clubs, including Premier League sides, as part of a clampdown on the illegal gambling sector. Under the plans,...
Sahara Energy Resource Ltd v Societe Nationale de Raffinage SA ( SONARA) [2026] EWCA Civ 54 The background facts Under a contract concluded in 2013 (the 2013 Contract), Sahara Energy Resource Ltd ( Sahara) delivered several cargoes of crude oil to Société Nationale de Raffinage SA ( Sonara), Cameroon’s state-owned crude oil refinery, during 2013 to 2016. To finance the arrangement, Sahara raised funds from a number of banks. Sonara was extremely delayed in settling certain sums that had already fallen due......
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Ecommerce 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 Horizon Scanners and Trackers Advertising, marketing and sponsorship ASA rulings—18 February 2026 Three complaints were lodged with the Advertising Standards Authority ( ASA) about paid in‑app adverts on the Vinted app depicting domestic abuse, sexual assault and sexually explicit material. The ASA upheld the issues, signalling its ongoing scrutiny of in‑app advertising, especially on third‑party platforms such as Vinted, and reiterating that marketers must ensure content is socially responsible and suitable for broad audiences. See: LNB News 18/02/2026 9. Consumer protection CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime The Competition and Markets Authority ( CMA) has released a speech by its...
Tyson International Company Ltd v Gic Re, India, Corporate Member Ltd (sued as the Sole Corporate Member for Syndicate 1947 At Lloyd’s of London for the 2021 and 2022 Years of Account) [2026] EWCA Civ 40 What are the practical implications of this case? Although the court aims to uphold the parties’ contractual bargain, it will be cautious about knitting together incompatible terms in a manner that reverses what the parties agreed. In intricate contractual frameworks where clashing dispute resolution clauses may appear, the ruling underlines the need to state clearly which provision has primacy. A precisely drafted hierarchy or ‘confusion clause’ can be pivotal in resolving jurisdictional contests. Of particular relevance to the insurance and reinsurance market, the decision also has broader application for multi-jurisdictional commercial contracts. Of note: where a hierarchy provision (or ‘confusion clause’) exists, the court will construe it in its...
In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Horizon Scanners and Trackers Advertising, marketing and sponsorship ASA rulings—11 February 2026 The ASA assessed two objections to a digital out‑of‑home poster for the film ‘ Predator Badlands’. The imagery was graphic and violent, and complainants said it was unsuitable and upsetting for young children. The ASA agreed and upheld the complaints. See: LNB News 11/02/2026 29. Advertising Association publishes AI best practice guide under government taskforce The Advertising Association has issued a voluntary Best Practice Guide for the Responsible Use of Generative AI in advertising, produced under the Government and Industry‑led Online Advertising Taskforce. It offers practical direction for UK practitioners and sets eight...
Why is the CMA consulting? The CMA’s consultation has two primary objectives. First, CMA37 dates from 2015 and is challenging for businesses to navigate. The revised draft seeks to be plainer, clearer, and better organised, helping businesses recognise which contractual terms are permitted. Clearer guidance reduces legal uncertainty, supports compliance, and safeguards consumers from unfair practices. Second, while the underlying law on unfair contract terms under the CRA 2015 has not changed, the CMA now has additional direct enforcement powers under the DMCCA 2024. The refreshed guidance is intended to reflect these powers, so businesses understand how enforcement could work in practice and the potential consequences of non-compliance. Key takeaways from the draft guidance The draft guidance is intended to be less technical and more practical than CMA37, with a strong focus on two core principles: fairness and transparency......
RMK Maritime ( Europe) Ltd and another company v CMB. Tech NV (formerly known as Euronav NV) [2025] EWHC 2739 ( Comm) What are the practical implications of this case? The judgment has notable consequences for commercial lawyers advising on professional services contracts, M& A advisory mandates, and restitutionary claims. Prevalence of contract over restitution The court confirmed that unjust enrichment is a fallback doctrine, ordinarily inapplicable where a binding contract regulates the parties’ dealings. Even where certain services might be said to sit beyond the precise contractual remit, a restitutionary claim will fail if it would cut across the contractually agreed allocation of risk and remuneration. Legal force of NOM clauses and variation provisions The advisory agreement required any change to scope to be recorded in writing and signed by authorised representatives. The court regarded this as compelling evidence that informal...
In this issue: Horizon scanning Advertising, marketing and sponsorship Consumer protection Sale and supply of goods Supply chain Daily and weekly news alerts New and updated content Dates for your diary Trackers Horizon scanning Commercial—key developments of 2025 and horizon scanning in 2026 The Commercial team has published new horizon scanning material comprising a Practice Note and a News Analysis. The Practice Note maps forthcoming UK commercial law developments, setting out key dates for your diary (including forecast dates where the exact date is not yet known) with relevant commentary on legislation, case appeals and other notable developments, including consultations, calls for evidence and inquiries. The accompanying News Analysis delivers a round-up of major developments in UK commercial law during 2025 and looks ahead to 2026, concentrating on advertising, marketing and...
For more on significant movements in Information Law, consult Trackers—overview and, in particular, these key Practice Notes: Data ( Use and Access) Act—tracker UK e Privacy law reform—tracker The UK NIS Regulations—timeline ICO consultations tracker 2025 Additional trackers can be found within our EU Law practice area, including the following Practice Notes: EU GDPR—cross-border enforcement reforms—tracker EU e Privacy Directive—tracker EU Cybersecurity initiatives tracker The EU NIS 2 Directive—timeline EU GDPR— EDPB supranational level guidance tracker Further commentary and updates are delivered via our current awareness alerts and highlights. Select ‘ Create Alert’ on your ‘ Alerts’ tab and adjust your personal settings to subscribe. Confidential information What were the key developments in 2025? In the UK, section 17 of the Victims and Prisoners Act 2024 ( VPA 2024) commenced on 1 October 2025. This provision places on a...
For further insight on forthcoming key developments, see Practice Note: Commercial—horizon scanner. For details of earlier developments relevant to commercial law and practice, consult the following Practice Notes: Commercial tracker Commercial tracker 2025 [ Archived] Additional updates and commentary are available via our current awareness alerts and highlights. Click ‘ Create Alert’ in your ‘ Alerts’ tab and refine your personal settings to subscribe. Advertising, marketing and sponsorship Note—several shifts within the consumer protection landscape have influenced the regulation of advertising and marketing in 2025. These are discussed in the section: ‘ Consumer protection’ below. What were the key developments in 2025? Advertising less healthy food and drinks In 2025, the much-anticipated framework governing promotion of less healthy food and drink moved from policy design to practical readiness for enforcement. The Health and Care Act 2022 ( HCA 2022) received Royal Assent on 28 April 2022, introducing a 9 pm TV...
Abraaj Investment Management Ltd (in liquidation) and other companies v Kes Power Ltd and others [2026] EWHC 65 ( Comm) What are the practical implications of this case? The recent High Court judgment in Abraaj Investment Management v Kes Power closely analyses assignment principles within secured lending. In particular, the court considers when estoppel can aid a lender confronted with defective or uncertain security. The ruling also explores several adjacent issues: the potential for assignments to be implied, whether ‘no assignment’ clauses are tempered by a reasonableness qualification, and matters of consideration in acknowledgements of notice. While estoppel provided the lender with a solution on the facts, the decision emphatically reinforces a fundamental point: only the entity to which the debt is actually owed should be the assignor. The realities of group operations can obscure the true creditor, meaning it is not always obvious which...
Moeve Trading S. A. U. (formerly CEPSA Trading SAU) v Mael Trading FZ LLC [2026] EWHC 17 ( Comm) The background facts By a contract dated 4 April 2024, the parties agreed the sale of 9,000–9,500 MTs of gasoline and 5,000 MTs plus 5% of gasoil, both at the Buyers’ option, on Free on Board ( FOB) terms at Algeciras, Spain (the Contract). The cargo was loaded on 12 July 2024 aboard the MV HARBOUR PROGRESS (the Vessel) and bills of lading were issued. One week later the Vessel arrived at Freetown, Sierra Leone, where notice of readiness was tendered. Discharge proceeded without presentation of the bills of lading, against a letter of indemnity, and the Buyers and their purchasers took delivery. On shipment, title to the cargo passed to the Buyers in line with the Contract’s express terms. The purchase price exceeded US$13 million and was...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—21 January 2026 As part of a broader, continuing initiative assessing misleading and irresponsible claims in tanning product advertising, the Advertising Standards Authority ( ASA) upheld several complaints about paid‑for social media and search promotions run by The Sun Company ( Horsham) Ltd t/a The Sun Company, Tanbox Towcester Ltd, SFJ Group Ltd t/a Sun Shine Co, JD Tanning UK Ltd t/a Tan & Deliver Home Hire Sunbeds, and Byrokko. All five adverts were flagged by the ASA’s AI‑driven Active Ad Monitoring system, which proactively scans online advertising in higher‑risk sectors to spot potentially non‑compliant statements before they reach consumers, rather than relying solely on public...
MS Amlin v King Trader [2025] EWCA Civ 1387 What are the practical implications of this case? Pay first clauses. Under TP( RAI) A 2010, s 9(5), the default position is that ‘pay first’ provisions are to be ignored for third-party claims against insurers under the Act. By contrast, s 9(6) preserves their effect in marine insurance, save where the claim concerns death or personal injury. The result is that, where a marine policy validly incorporates a pay first term and the insured is insolvent, the 2010 Act offers limited practical benefit. In MS Amlin, the Court of Appeal rejected interpretative challenges to a pay first clause, confirming it does not undermine the insured’s primary right to an indemnity under liability insurance. Contractual consistency and hierarchy clauses. The Court of Appeal reaffirmed that policies are to be construed coherently, not with an eye to finding...
In this issue: E-commerce Public procurement Sale and supply of goods Supply chain Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A E-commerce EU GDPR obligations and platform liability ( X v Russmedia) The operator of an online marketplace where a listing appeared was held to have breached its duties under the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), even though it removed the advert swiftly, in under an hour after receiving a takedown request. The court concluded it acted as a joint controller of the sensitive personal data within the advert and should, before publication, have put in place measures to: (i) detect adverts containing sensitive personal data; (ii) confirm that the advertiser is the individual whose sensitive personal data features in the advert and, if not, ensure the data subject’s explicit consent has been obtained; and (iii) implement...
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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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