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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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JP Morgan International Finance Ltd v Werealize. Com Ltd; Karonis and others v JP Morgan International Finance Ltd [2025] EWHC 1842 ( Comm) What are the practical implications of this case? The ruling delivers valuable guidance on cross-border enforcement of exclusion of liability clauses and on the situations in which ASI relief will be granted to shield such bargains. Key consequences for commercial practitioners include: Drafting immunity and exclusion clauses: the court held that where parties agree that none owes a duty of care, or tortious liability, they have by implication undertaken not to commence proceedings alleging such responsibility. This stands as a significant authority supporting the enforceability of wide immunity clauses. Commercial drafters should consider whether express ‘no sue’ undertakings offer greater certainty than reliance on implied terms Third party protection: the court’s reasoning showed that directors could benefit from immunity clauses via agency...
Challenging administrator appointments–improper purpose and Braganza duty ( Glint Pay Ltd & others v Baker and Rowley) Glint Pay Ltd and other companies v Baker and another [2025] EWHC 2166 ( Ch) What are the practical implications of this case? The first of the companies’ two grounds relied on the application of settled principles. However, the more consequential takeaways, of wider relevance, flow from the third of the companies’ three grounds. The court placed little weight on the secured creditor’s rationale for purchasing the debt/security—namely to locate and trigger an event of default so it could appoint administrators and then acquire the companies’ business at a reduced price. That wish to enable administrators to assume control of the companies’ assets, with that aim in mind, was not an improper purpose. Further, the court concluded that no Braganza duty is to be read into...
Peter Dunn v Kostas Kazolides [2025] EWHC 2212 ( Ch) Mr Dunn, a former chartered accountant and insolvency practitioner, brought a claim for almost £9m against Mr Kazolides. The High Court held that Mr Kazolides (represented at trial by Dov Ohrenstein of Radcliffe Chambers and Canfields Law Solicitors) had given a guarantee in relation to a Cypriot company that owed substantial sums to Mr Dunn, yet the claim was dismissed. How could Mr Kazolides nevertheless prevail in his defence and avoid any liability to pay under the guarantee? By way of background, under a joint venture agreement, Mr Dunn advanced funds to the company to finance the development and sale of seven villas in Cyprus. The agreement stipulated that the loan became repayable upon ‘the insolvency of the company’ and, as the judge found, it also contained a guarantee from Mr...
In this issue: Advertising, marketing and sponsorship Consumer protection Intellectual property International Supply of goods and services Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA Rulings—3 September 2025 Four challenges were lodged with the Advertising Standards Authority ( ASA) over travel sector ads that made absolute environmental claims about cruise ships—using phrases such as ‘eco-friendly’, ‘the world’s cleanest marine fuel’ and ‘a strong focus on sustainability’. The ASA upheld all complaints and instructed that the ads be withdrawn or revised, signalling a firm clamp-down on green claims within the cruise market. See: LNB News 03/09/2025 15. CAP extends advertising code scope to cover non- UK based licensed operators The Committee of Advertising Practice ( CAP) has widened the reach of its Code to deliver consistent oversight of online advertising. From 1 September 2025, the rules extend to...
Since the failure to prevent fraud offence took effect on the first day of September 2025, there has been sustained debate about the compliance hurdles it will create for businesses and its likely impact on curbing corporate fraud. The offence, set out in section 199 of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), seeks to make large organisations answerable for fraud carried out by employees, agents, subsidiaries, or others who deliver services for or on the organisation’s behalf; where the conduct was intended to benefit the organisation or its clients. It encompasses various specified predicate fraud offences, as well as aiding, abetting, counselling, or procuring the commission of those offences. Illustrative examples include misleading sales tactics, concealing material information from consumers or investors, and dishonest behaviour in financial markets. The offence only applies where there is a UK...
Lifestyle Equities CV and another company v Sportsdirect. Com Retail Ltd and other companies [2025] EWHC 1417 ( Ch) What are the practical implications of this case? Since the TMA 1994 arrived, advisers have urged clients to record trade mark licences, yet that advice is often ignored. This High Court ruling returns the point to centre stage, offering sharper guidance on elements of the registration regime. At its core sits judicial discretion across the framework. The court firmly held that a non‑exclusive licensee cannot sue for infringement without the proprietor’s consent; however, the licence need not be recorded for the licensee’s losses to be taken into account during a damages enquiry. Registering the licence belatedly, including after proceedings have begun, can also be acceptable. Nonetheless, whether and how the court credits such timing sits squarely within its discretion. The trade‑off for such...
In this issue: Advertising, marketing and sponsorship Consumer protection Data protection Franchising International 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—27 August 2025— Domino’s Pizza UK & Ireland Ltd A paid-for You Tube promotion for Domino’s Cadbury Creme Egg cookie appeared alongside Minecraft-themed videos on the Milo and Chip channel. Following a complaint to the Advertising Standards Authority ( ASA), the regulator upheld the challenge. See: LNB News 27/08/2025 10. Consumer protection CTSI updates pricing practices guidance under DMCCA 2024 The Chartered Trading Standards Institute has issued revised Pricing Practices Guidance for Traders, effective from August 2025. Superseding earlier versions, it explains trader duties under the Digital Markets, Competition and Consumers Act 2024. The guidance spans pricing activity for all consumer goods across sales...
What is the purpose of PRMA 2025? PRMA 2025 obtained Royal Assent on 21 July 2025 and, apart from PRMA 2025, s 11(1) and (3), took effect that same day. As enabling legislation, it empowers the Secretary of State to make regulations to manage a wide spectrum of product safety risks and associated matters. On 22 July 2025, the Office of Product Safety and Standards (‘ OPSS’) issued a companion Code of Conduct that explains how government will exercise the powers granted under PRMA 2025. Why has PRMA 2025 been introduced? For years the UK’s product safety regime was shaped strongly by EU legislation. In the wake of Brexit, there was an increasing need for a distinct UK framework capable of evolving independently. At the same time, new hazards have appeared that the previous laws were not designed to deal with, including unsafe goods sold via online...
What are the practical implications of this case? In this case, the franchise contracts were exceptionally burdensome and out of the ordinary; the court held that, given their particular characteristics and context, they carried implied obligations of good faith and of trust and confidence. The franchisor’s actions broke those implied duties, permitting franchisees to validly regard their agreements as terminated, namely: aggressive and intimidatory behaviour, arbitrary decision-making, a lack of transparency. This does not mean that every franchise contract will receive the same treatment. The ruling emphasises the need for ethical franchise documentation that accords with the British Franchise Association Code of Ethics, which requires prospective franchisees to seek suitable independent legal advice before signing, and obliges franchisors to deal rationally and fairly with their network. What was the background? The central issue was whether the franchise agreements between the 20 claimants...
Following its creation in the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), the failure to prevent fraud offence is scheduled to take effect on 1 September 2025. Under ECCTA 2023, s 199, large organisations can be made answerable for fraudulent conduct by employees, agents, subsidiaries, or others providing services for, or on behalf of, the organisation, where the wrongdoing was intended to benefit the organisation or its clients. For a case to proceed, at least one element of the underlying fraud must have occurred in the UK, or the gain or loss arising from it must have been realised in the UK. Businesses do, however, have a potential defence, as set out in the government’s guidance on the offence. Reasonable procedure In November 2024, the government issued guidance describing the reasonable procedures that companies should adopt if they are to stand a chance of...
How can websites best preserve privacy in tracking users’ consent to targeted online advertising? A landmark Belgian court decision has triggered a rethink of how sites safeguard privacy while logging consent for targeted ads. Spurred by the Brussels Market Court’s May 2025 ruling against adtech trade body IAB Europe’s Transparency and Consent Framework ( TCF) — a consent tool broadly deployed across the EU (see here) — German university professor Max von Grafenstein, founder of legal tech venture Law & Innovation Technology, is designing a fresh mechanism to record and relay consent throughout the ad ecosystem. The IAB proceedings are under close observation because they grapple with fundamental questions about the boundaries of personal data and the identification of controllers. Hundreds of websites and advertisers depend on the TCF to satisfy EU data protection requirements when seeking permission to deliver...
Wealmoor Ltd v KLM [2025] EWHC 1706 ( Comm) The facts The claim related to a consignment of fresh green asparagus (‘ Cargo’) flown by air from Lima to London aboard KLM’s aircraft. By the time of the trial it was not in dispute that the Cargo was received by KLM in sound condition but re-delivered to Wealmoor in a damaged state. The shipment had been booked under KLM’s ‘ Fresh 2’ perishables service, stipulating a temperature band of 2–8 degrees Celsius. However, from the point it left Lima Airport for loading onto the aircraft until its arrival in Amsterdam, the Cargo was subjected to elevated ambient heat for well over seven hours. Wealmoor contended that this temperature exposure caused the deterioration and amounted to an ‘event’ within Article 18(1) of the Montreal Convention. KLM disputed that this was the cause of the damage and, in any...
In this issue: Advertising, marketing and sponsorship Contracts Data protection International Public procurement Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—20 August 2025— Colgate- Palmolive ( UK) Ltd The Advertising Standards Authority ( ASA) received a complaint about a June 2025 television spot for Sanex shower gel. The complaint was upheld. See: LNB News 20/08/2025 23. ASA rulings—20 August 2025— Language Nut Ltd The ASA was asked to assess comparative assertions in a Languagenut blog post setting Languagenut against Sanako on content, usability and price. The complaint was upheld. See: LNB News 20/08/2025 16. Contracts Not subject to contract— Court of Appeal resolves FIFA Club World Cup licensing dispute ( DAZN v Coupang) The Court of Appeal confirmed that DAZN, the global rights-holder for the FIFA Club World Cup, entered a binding agreement to grant a sub‑licence of the South Korean rights,...
The failure to prevent fraud offence Introduced by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) as part of wider efforts to combat financial crime, the failure to prevent fraud offence takes effect on 1 September 2025 and is intended to drive a meaningful, positive shift in corporate culture. This is the latest in the suite of corporate “failure to prevent” offences, following the failure to prevent bribery under the Bribery Act 2010 ( BA 2010) and the failure to prevent the facilitation of tax evasion in the Criminal Finances Act 2017. The offence is contained in ECCTA 2023, ss 199–206. Its purpose is to ensure large organisations are accountable for fraud carried out by employees, agents, subsidiaries, or others who provide services for or on behalf of the organisation, where the conduct was intended to benefit the...
DAZN Ltd v Coupang, Corp [2025] EWCA Civ 1083 What are the practical implications of this case? The judgment is notable for clarifying that valuable, high‑profile sports rights can be transferred informally where the parties’ exchanges are clear enough. The principal contractual communications were brief emails, only a few lines long. Yet the earlier Whats App messages and telephone calls showed that both sides intended to be legally bound. This remained the case even though they expected to draft and sign a formal written document later, since that prospective ‘long‑form’ agreement was not a prerequisite to concluding a binding, interim contract......
How have plans for UK data protection reform evolved since Brexit? Since Brexit, the UK’s approach to data protection reform has ebbed and flowed markedly, with successive governments seeking to carefully balance innovation, economic growth and individuals’ rights. The Conservative government aimed to pivot to a GDPR ( General Data Protection Regulation) lite regime by introducing the Data Protection and Digital Information Bill. That bill outlined a series of business‑friendly amendments to existing data protection rules and progressed reasonably well through parliament, only to be ultimately shelved following a change of government in 2024. Once in office, the Labour‑led administration reignited the agenda, bringing forward the Data ( Use and Access) Bill ( DUAB). While retaining the core UK GDPR framework, DUAB set out targeted reforms that indicate a shift towards a more UK‑specific regime centred on data‑driven innovation, enhanced public services and strong data...
Hopcraft and another ( Respondents) v Close Brothers Ltd ( Appellant); Johnson ( Respondent) v First Rand Bank Ltd ( London Branch) t/a Moto Novo Finance ( Appellant); Wrench ( Respondent) v First Rand Bank Ltd ( London Branch) t/a Moto Novo Finance ( Appellant) [2025] UKSC 33 What are the practical implications of this case? The Supreme Court set aside the Court of Appeal’s ruling which had, by holding that motor retailers who arranged finance owed fiduciary obligations to their customers, significantly jolted the motor finance market and carried broader consequences for seller-led credit broking in other sectors and contexts within commerce, and for analogous brokerage arrangements. It likewise rejected both the Court of Appeal’s positions, and conclusions, in Wood v Commercial First Business Ltd [2022] Ch 123, namely that bribery is made out where the payee had a part in the...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Sale and supply of goods Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—13 August 2025 The Advertising Standards Authority ( ASA) received a lone complaint concerning Amazing Giveaways Ltd’s advertising of a £3,000 holiday voucher. The ASA found the complaint to be justified. See: LNB News 13/08/2025. Agency and distribution Motor finance ruling shifts focus to wider broker-fee cases Law360 reports that the UK Supreme Court’s recent decision to restrict compensation for many motor finance customers affected by undisclosed fees may redirect legal attention towards other sectors that habitually include brokers’ commissions on bills, lawyers say. See News Analysis: Motor finance ruling shifts focus to wider broker-fee cases......
Changes on the horizon— AI to be in scope and hints of a more pro-consumer balance The UK Law Commission has unveiled a fresh project to reassess the framework for civil liability arising from defective products in the UK, a field presently set by the Consumer Protection Act 1987 ( CPA 1987). Long anticipated, this move follows sustained debate about the UK’s post- Brexit trajectory. In particular, attention has focused on the extensive, pro-consumer reform of the EU regime—on which the UK’s CPA 1987 is founded—first unveiled in September 2022 and now enshrined in Directive ( EU) 2024/2853, the Revised EU Product Liability Directive (the Revised EU PLD). Observers have expected such a step for some time, especially as the EU has pressed ahead with its revisions, prompting calls for clarity on the UK’s direction......
The draft guidance sits within the overhauled consumer protection framework brought in by the DMCCA 2024 in the UK, substantial elements of which took effect in April 2025. For the first time, under the DMCCA 2024 the CMA can enforce consumer protection law directly via administrative processes, rather than having to pursue consumer rights through court proceedings. The CMA also holds fresh authority to levy penalties of up to 10% of worldwide turnover for infringements of consumer protection law. The CMA had earlier indicated it intended to publish definitive guidance on price transparency in Autumn 2025 and, until that final guidance is issued, said it will only pursue enforcement against ‘genuinely unexpected and untrailed mandatory charges added on at the end of a purchasing journey’. Why is price transparency important? DMCCA 2024 refreshed the legal framework to shield consumers from unfair trading, including...
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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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