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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The inquiry uncovered evidence that products made, in whole or in part, with forced labour are entering the UK market, despite the government’s position that no company operating in the UK should have forced labour anywhere in its supply chain. The Report concludes that the UK is now lagging behind international trading partners in addressing forced labour in supply chains. Its principal recommendation is to strengthen existing laws and their enforcement, and to introduce new measures to embed corporate responsibility (including mandatory human rights due diligence), apply an import ban on goods linked to forced labour, and create a ‘duty to prevent’ that establishes civil liability for companies that fail to take adequate steps to prevent forced labour in their supply chains. The Report’s themes The Report examines six themes: Corporate responsibility Import bans and...
In this issue: Advertising, marketing and sponsorship Agency and distribution Contracts International Public procurement Sale and supply of goods Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA ruling clarifies medical device advertising evidence requirements The Advertising Standards Authority ( ASA) has confirmed that a UK Conformity Assessed ( UKCA) mark, by itself, is not adequate substantiation for efficacy claims about medical devices. Clinical trial evidence must be in place before any advertising claim is made, and customer surveys or app-sourced data alone cannot prove medical benefits. The ASA also found that where effects are only temporary, ads must make this qualification clear. Although the decision appeared after the Digital Markets, Competition and Consumers Act 2024 ( DMCCA...
What are the practical implications of this case? The judicial review brought by Siderise, a maker and supplier of passive fire solutions, invited the court to scrutinise the Royal Borough of Kensington & Chelsea’s decision to exclude Siderise as a supplier and to block its products. At this stage, the court’s role was confined to deciding whether permission for a full judicial review should be granted, and thus only whether there was an arguable case. The High Court’s May 2025 decision offers a useful pointer to how permission applications of this sort are likely to be approached. The court addressed whether the council had complied with its policies, whether it could lawfully exclude bidders under the Public Contract Regulations 2015 ( PCR 2015), SI 2015/102, and whether a limitation issue arose. The case matters not only for those involved in judicial review, who...
Hopcraft and another v Close Brothers Limited; Johnson v First Rand Bank Limited ( London Branch) t/a Moto Novo Finance; Wrench v First Rand Bank Limited ( London Branch) t/a Moto Novo Finance [2025] UKSC 33 Background These three conjoined appeals addressed payments of commission by finance lenders to motor dealers for arranging hire purchase finance on cars, where that remuneration was not revealed, or only partly revealed, to the car hirers. In the usual scenario, a buyer attends a dealership, selects a vehicle, and agrees a price with the dealer. The dealer then secures a finance offer from a lender on hire purchase terms. Acting on the lender’s behalf, the dealer puts that offer to the customer. In every appeal, the dealer made profit on the vehicle sale and, significantly, also obtained a commission from the lender for introducing the business. Either the fact of...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Data protection E-commerce International Public procurement Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—30 July 2025 A single complaint was filed with the Advertising Standards Authority ( ASA) about misleading savings representations by Origin Sleep UK Ltd, trading as Origin Mattress, during a promotional sale. The ASA upheld the complaint. The challenge was brought by competitor Simba Sleep Ltd. See: LNB News 30/07/2025 4. Agency and distribution Supreme Court delivers judgment on dishonest assistance liability in breach of fiduciary duties case ( Stevens v Hotel Portfolio II UK Ltd (in liquidation) and another) The Supreme Court, by a majority, allowed the appeal, confirming that a defendant who dishonestly assists a...
Time bar and deck cargo under the Hague- Visby Rules ( Batavia Eximp & Contracting v Pedregal Maritime) Batavia Eximp & Contracting ( S) PTE Ltd v Pedregal Maritime SA (‘ The Taikoo Brilliance’) [2025] EWHC 1878 ( Comm) What are the practical implications of this case? Claimants encountering a time bar under Article III,6 of the Hague- Visby Rules should recognise that issuing proceedings merely to secure assets will not halt time from running. To sidestep a time-bar defence, the claimant must initiate proceedings seeking a final determination of the dispute in the proper forum, whether that is arbitration or the court. The judgment reinforces the finality and certainty that the time bar is meant to achieve. The court also offered practical guidance on the statements that should appear on bills of lading when describing deck cargo, so that it comes within the...
Competition Appeal Tribunal grants group litigation orders The Competition Appeal Tribunal has approved group litigation orders for a £2.7bn action led by University of East Anglia scholar Andreas Stephan and a separate £1.3bn claim led by consumer campaigner Robert Hammond. In its written ruling, the panel rejected Amazon’s contention that defects in funding structures and in the loss-assessment methodologies adopted by the two class representatives barred the proceedings. It also dismissed Amazon’s assertion that the returns due to the litigation funder supporting Hammond were 'wildly excessive' and 'indefensibly high'. The tribunal further held that Stephan’s approach offered an 'adequate, initial blueprint to trial', and that shortcomings identified in Hammond’s model could be addressed by drawing on overlapping elements of the academic’s methodology. Accordingly, the decision states: ' We find that the Hammond action, on the basis that it will be heard together with the...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts E-commerce International Sale and supply of goods 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—23 July 2025: The Advertising Standards Authority reviewed two objections about misleading pricing displayed on the Love Holidays site. The regulator upheld both matters. See: LNB News 23/07/2025 24. Agency and distribution Stevens v Hotel Portfolio II UK Ltd ( In Liquidation) and another [2025] UKSC 28: The Supreme Court, by majority, allowed the appeal by Hotel Portfolio II UK Ltd ( HPII), finding Mr Stevens jointly liable for loss resulting from the dissipation of unauthorised profits generated by Mr Ruhan in breach of his fiduciary obligations to HPII as a director. HPII owned hotels in Central London and sold them to Cambulo Madeira, a company said to be...
Veranova Bidco LP v Johnson Matthey plc and others [2025] EWHC 707 ( Comm) What happened? Veranova Bidco LP v Johnson Matthey plc and others concerned the disposal of shares in a healthcare business. As is typical on a share sale, the parties negotiated: a sale and purchase agreement ( SPA), containing a number of warranties given by the sellers to the buyer about the condition of the target business, and a disclosure letter, identifying the respects in which those warranties did not hold true For further information on disclosure in the sale of a business, see the section below headed ‘ What is a disclosure letter and how does disclosure work?’. Following completion, the buyer discovered that, prior to signing the SPA and disclosure letter, one of the target company’s customers had received an offer to supply a particular pharmaceutical product at a...
In this issue: Agency and distribution Consumer protection Contracts Data protection International Supplier management Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New and updated content Agency and distribution Court of Appeal—undisclosed principal doctrine and agency law ( Berge Bulk Shipping Pte Ltd v Taumata Plantation Ltd). On 10 July 2025, the Court of Appeal unanimously rejected an appeal from an order finding that the English court lacked jurisdiction to hear a claim against three New Zealand companies concerning a series of letters of indemnity. The ruling delivers the leading contemporary statement of the rules on undisclosed principals and represents a landmark judgment for agency law more broadly. See News Analysis: Court of Appeal—undisclosed principal doctrine and agency law ( Berge Bulk Shipping Pte Ltd v Taumata...
Berge Bulk Shipping PTE v Taumata Plantations [2025] EWCA Civ 876 The facts Three New Zealand timber companies (the Exporters) were pursued in the High Court of England and Wales by a disponent shipowner, Berge Bulk, for in excess of US$4.4m together with certain unquantified indemnities and costs. Berge Bulk said the Exporters were undisclosed principals to letters of indemnity issued in its favour but left entirely unpaid by the insolvent charterer, TPT Shipping. The letters of indemnity contained an express English jurisdiction clause. In particular, Berge Bulk maintained that the Exporters had engaged TPT Forests as agent; TPT Forests then in turn appointed TPT Shipping as sub‑agent; and TPT Shipping, acting as agent, issued the letters of indemnity. It was common ground that TPT Forests acted for the Exporters. The live question ultimately concerned the capacity in which TPT Shipping had...
DUAA 2025 secured Royal Assent on 19 June 2025, bringing it into law in the UK after being approved by Parliament on 11 June 2025. The Act primarily revises Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation (the UK GDPR), and PECR 2003. This article centres on the updates DUAA 2025 makes to PECR 2003—the UK rules that oversee the use of cookies and other online tracking tools—as well as the requirements relating to electronic marketing communications......
Map your supply chain As noted in the UK Government’s Cyber Security Breaches Survey 2025 (2025 Survey), 45% of large businesses reviewed the cyber security risks arising from their immediate suppliers, compared with 21% of small businesses. This marks a decline from 55% in 2023. Only 25% looked at the risks presented by their wider supply chain. Cyber threats originating outside your organisation are generally harder to detect and to control. Understanding who your direct and indirect suppliers are, what they provide, how they provide it, and which data they hold and can access will help you pick out your critical providers and manage cyber security risks to your business more effectively. Mapping your supply chain will also show which measures can be enforced easily through contracts and place you to respond more quickly to supply chain related cyber incidents and to...
In this issue: Advertising, marketing and sponsorship Consumer protection E-commerce Sale and supply of goods 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—9 July 2025 The Advertising Standards Authority ( ASA) reviewed two complaints about an Instagram promotion for a weight-loss medicine, and both were upheld. The outcome forms part of a broader programme scrutinising prescription-only medicines ( POMs) used for weight reduction. Of the 18 decisions released this week, nine concern comparable matters. See: LNB News 09/07/2025 25. ICO launches consultation on regulating low-risk online advertising models The Information Commissioner’s Office ( ICO) has opened a consultation to collect stakeholder input on a refreshed regulatory approach to online advertising under the Privacy and Electronic...
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 ASA rulings—2 July 2025 The Advertising Standards Authority ( ASA) received one complaint about a radio advert for Cadbury Delights stating ‘only 91 calories’. The ASA upheld the complaint, deciding the wording fell foul of the rules on nutrition and comparative nutrition claims. See: LNB News 02/07/2025 36. ASA rulings—2 July 2025 Two complaints were made to the ASA about Wowcher Ltd: one over a misleading savings claim for a hair product, and another over the unfair running of a ‘ Mystery Holiday’ promotion. The ASA upheld both. See: LNB News 02/07/2025 53. DCMS research finds online prize draws need stronger consumer safeguards The Department for Culture, Media & Sport ( DCMS) has released research into the £1.3bn UK online prize...
Credit Agricole Corporate and Investment Bank v Persons with an Immediate Right to Possess Goods and others [2025] EWHC 1346 ( Ch) What are the practical implications of this case? Although most abandoned goods will today be sold pursuant to T( IG) A 1977, s 12 and s 13, this judgment supplies a useful restatement of the common law principles of abandonment and involuntary bailment, which continue to apply in respect of any goods bailed before 1 January 1978. The decision indicates that such involuntary bailees will typically find it easier to rely on the rule in Da Rocha- Afodu v Mortgage Express Ltd [2014] EWCA Civ 454—namely, proving that they took reasonable steps to notify the original owners of the goods—rather than the approach in Robot Arenas Ltd v Waterfield [2010] EWHC 115 ( QB), which seems to require a relatively high...
KSY Juice Blends UK Limited v Citrosuco Gmb H [2025] EWCA Civ 760 The background facts In 2018, the parties entered into a contract for the sale of wesos (orange pulp wash). The consideration for wesos delivered under that agreement was set by reference to ‘ Brix’ and varied according to the ‘ Brix value’ (a unit commonly used to price orange juice). The agreement covered a fixed quantity of 1,200MT each year for 2019 to 2021. Of that total, 400MT per annum carried a fixed price, subject to adjustment for Brix value of plus or minus 5 Brix, while the remaining 800MT was ‘at open price to be fixed’ by a specified date. Before the 2018 bargain, the same parties had concluded two earlier contracts. Those mirrored the 2018 terms, providing for a fixed quantity of wesos at a stated (but adjustable) price and further...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection International Supply chain 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 Ruling—25 June 2025 Three objections were lodged with the Advertising Standards Authority ( ASA) about statements on the website of Bodystreet Franchise ( UK) Ltd, a fitness studio promoting Electro Muscle Stimulation ( EMS) training. The ASA upheld all three challenges. See: LNB News 25/06/2025 44. CMA proposes strategic market status designation for Google's search services The Competition and Markets Authority ( CMA) has opened a consultation on designating Google with strategic market status for general search and search advertising under the Digital Markets, Competition and Consumers Act 2024. Proposed...
UK data reform act rollout plans UK businesses should anticipate the country’s data reform act being delivered through secondary legislation over the next six to nine months, with the first changes likely by autumn 2025 and the final measures pencilled in for winter 2025 under the UK privacy watchdog’s plans. The data reform bill, which entered into law on 19 June 2025, brings a range of updates to the UK data protection framework. However, the rollout will be staged, as various elements hinge on secondary legislation not yet put before lawmakers, or on additional materials still to be released by the data protection regulator. The Information Commissioner’s Office ( ICO) has signalled intentions to prepare guidance and start implementing some aspects, though firm dates are yet to be confirmed. Overall, the timetable indicates a lead-in period of six to nine months from the law’s...
A victim of crime Under VPA 2024, a ‘victim’ is any person who has suffered harm directly from being subjected to criminal behaviour, or from seeing, hearing or otherwise directly experiencing its effects as it occurred. Someone is also a victim where any of the following apply: their birth was the direct consequence of criminal behaviour the death of a close family member was the direct result of criminal behaviour they are a child who is a victim of domestic abuse that amounts to criminal behaviour ‘ Harm’ covers physical, psychological or emotional harm, as well as financial loss. There is no requirement for the offence to have been reported, for any investigation to have taken place, or for any charge or conviction to have followed. Permitted disclosures The following are permitted disclosures under VPA 2024, section 17: disclosures made to the police or......
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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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