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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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In this issue: Advertising, marketing and sponsorship Data protection 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—18 June 2025 A single complaint reached the Advertising Standards Authority ( ASA) about an email sent by Koi Footwear Ltd that was said to glamourise drug use. The ASA agreed with the concern and upheld the complaint. See: LNB News 18/06/2025 7. Data protection Data ( Use and Access) Bill to receive Royal Assent on 19 June 2025 The Data ( Use and Access) Bill ( DUA) is set to obtain Royal Assent and become an Act of Parliament. This follows the parliamentary review concluding on 11 June 2025, bringing to a close almost eight months of...
Matière SAS v ABM Precast Solutions Ltd [2025] EWHC 1434 ( TCC) What are the practical implications of this case? This judgment emphasises that when parties adopt good faith duties in their agreements, those duties must be expressly delineated, and the parties should engage with them earnestly, acting with openness and honesty. A breach, however, does not of itself found liability without proof of causation. Demonstrating causation, on the balance of probabilities, is central to loss of chance claims. Here, the TCC held that ABM had to establish that Matière caused the lost opportunity on the balance of probabilities and did not succeed—although Matière breached its good faith obligations, its conduct was not the cause of the lost chance. The court also addressed causation where the conduct leading to the breaches extended over a lengthy period. What was the...
GPAI model developers should still get a final draft of the EU Code of Practice from the Commission in July 2025, despite a potential ‘stop the clock’ on the EU AI Act, MLex has learned Bilateral talks are continuing, and the draft is foreseen for the first week of July. MLex earlier reported that the Commission was weighing a hold on the EU AI Act after a critical letter from the Trump administration in the US and a visit to Washington by the Commission’s Executive Vice- President for Tech Sovereignty, Security and Democracy, Henna Virkkunen. The matter was recently put on the agenda of a meeting of EU digital ministers, where Virkkunen formally indicated that parts of the EU AI Act could be paused if technical standards and administrative guidance are not ready when the rules take effect. The EU AI Act phases in over...
In this issue: Advertising, marketing and sponsorship Consumer protection E-commerce International Sale and supply of goods Lex Talk®Information Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—11 June 2025 The Advertising Standards Authority ( ASA) received fifteen complaints: thirteen targeted an online fashion promotion accused of objectifying women and using a model presented as unhealthily thin, while two related to Ladbrokes TV and VOD adverts thought to have strong appeal to under-18s. The ASA upheld the objections concerning objectification and the Ladbrokes spots, but rejected the challenge about the model’s appearance. See: LNB News 11/06/2025 9. Consumer protection CMA secures Amazon pledge to tackle fake online reviews and abuse The Competition and Markets Authority has obtained binding commitments from Amazon to bolster...
Verbraucherzentrale Hamburg E. V. v Bonprix Handelsgesellschaft Mbh, Case C-100/24, ECLI: EU: C:2025:352 What are the practical implications of this case? While the need for transparent consumer promotion terms is well established, this decision offers a noteworthy take on what counts as a ‘promotional offer’ under the EU E‑ Commerce Directive. The court’s approach appears to draw within the scope of the ‘information provision’ rules those statements about payment and purchasing methods that might not ordinarily be viewed as ‘promotional offers’—as opposed to clearer promotions like discounts—despite the Directive referencing ‘promotional offers, such as discounts, premiums and gifts’. In the UK, the Electronic Commerce ( EC Directive) Regulations 2002, SI 2002/2013 remain in force, with post‑ Brexit amendments, and set out comparable obligations regarding ‘promotional offers’ and required disclosures. Given the surge of ‘buy now pay later’ and related arrangements in the UK, it is still...
In this issue: Advertising, marketing and sponsorship Contracts Intellectual property 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 Advertising, marketing and sponsorship Google hit with £15bn UK collective claim tied to search advertising MLex: A UK collective action has been brought seeking more than £15bn, alleging the US tech giant misused its dominant position in the search‑advertising arena. An application for collective proceedings was submitted to the Competition Appeal Tribunal on behalf of advertisers, as noted on a website set up for the case and led by Roger Kaye, a retired deputy High Court judge. The prospective claim was first flagged in late 2024. See News Analysis: Google faces GBP15bn UK mass claim over search...
What is the background to this consultation and how does it fit in with the IPO’s transformation programme? The IPO’s transformation programme is an ambitious upgrade designed to streamline how UK IP rights are filed, administered and contested. Its ambition is to provide a single, integrated digital platform spanning patents, trade marks, designs and IPO tribunal services. In 2022 the IPO ran a public consultation on the changes needed to underpin its forthcoming digital patents service, scheduled for release later on in 2025. The government’s reply, issued in August 2023, set out several legal and procedural adjustments necessary to support construction of that service. A further consultation followed in 2023 to shape the subsequent phase of the programme, this time covering trade marks, designs and tribunal services. The government’s response, published on 10 April 2025, confirmed its intended approach to a range of...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship ASA rulings—28 May 2025 The Advertising Standards Authority ( ASA) received a single complaint about a Huusk knives broadcast advert that aired directly after a children’s film. The ASA upheld the complaint, concluding the placement was irresponsible and that the portrayal of knives presented a potential risk of harm to children. See: LNB News 28/05/2025 9. Consumer protection CPC Network and the Commission notify SHEIN of EU consumer law breaches The Consumer Protection Cooperation ( CPC) Network, in partnership with the European Commission, has informed online marketplace and e‑retailer SHEIN that several practices on its platform breach EU consumer protection law. Led by national authorities in Belgium, France, Ireland and The Netherlands, the CPC Network has instructed SHEIN to remedy issues including fake...
What is the purpose of tariffs? Tariffs are a type of tax, levied by states to raise income and, by extension, strengthen their economy. They are applied to items brought in from abroad, usually worked out as a percentage of the goods’ price and settled by the importer. Tariffs may equally serve as a political instrument, underpinning protectionist foreign policy by deterring consumers from purchasing products that originate overseas. Where imported items are pricier than home-made alternatives, the theory is that buyers will favour domestic options. Tariffs can furthermore be deployed to choke off supplies from particular nations, on the footing that the added expense becomes too great for the supply chain to absorb—in that way they function as a geopolitical tool as well as an economic one. How do tariffs impact your existing contracts? Across a supply chain, tariffs create difficulty. Under the...
Facts The defendant in the proceedings, Ms Lawrence, entered into a loan agreement with a lender, for whom HNW, the claimant in the matter, acted as the security agent for the lender. The purpose of the loan agreement was to help finance Ms Lawrence’s development of a property. That property was also secured separately by a legal mortgage, operating as continuing security to the lender under the loan terms. Although HNW was not itself a party to the loan agreement, the loan agreement nonetheless contained an express provision said to grant HNW certain third party rights to enforce its terms; namely, that, even though HNW Lending Ltd was not a party to this Loan Agreement, HNW Lending Ltd could take the benefit of and specifically enforce each and every express term of the Loan Agreement, together with any term implied under it pursuant to the...
In this issue: Advertising, marketing and sponsorship Consumer protection International Supply of services Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA rulings—21 May 2025 The Advertising Standards Authority ( ASA) assessed two objections to Vodafone Ltd’s website promotions about pricing. Concerns centred on misleading savings representations and the way promotional prices were put forward. The ASA upheld both challenges. See: LNB News 21/05/2025 9. CAP and BCAP implement new misleading advertising rules under Digital Markets Act The Committee of Advertising Practice ( CAP) and the Broadcast Committee of Advertising Practice ( BCAP) have revised their advertising rules to mirror the unfair commercial practices regime in the Digital Markets, Competition and Consumers Act 2024. From April 2025, advertisers must disclose the total price, are barred from fake reviews, must identify incentivised reviews, and must not present consumer reviews in a misleading way. The rules also...
Chugga Chugg Pty Ltd v Privinvest Holding Sal [2025] EWHC 585 ( Comm) What are the practical implications of this case? This decision offers practical guidance for businesses negotiating termination or handling guarantees: Advisers should urge clients to record, in clear terms, any conversations about possible termination, and ensure exploratory exchanges are expressly labelled as such. The judgment shows that mooting a consensual termination subject to price does not amount to renunciation. Mrs Justice Dias stressed that only a ‘clear, absolute and unequivocal’ refusal to perform qualifies. The standard is objective: viewed through the reasonable eyes of the innocent party, did the other side plainly signal an unwillingness or inability to perform, irrespective of its subjective intentions? Simply indicating a willingness to terminate if the figures work is not enough When faced with an alleged renunciation, innocent parties must act promptly to affirm or bring the...
In this issue: Advertising, marketing and sponsorship Confidential information Consumer protection Contracts Public procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—14 May 2025The Advertising Standards Authority received two complaints about paid promotions for unlicensed, nicotine‑containing e‑cigarettes by Golden Vape and UKVAPINGSTORE. The regulator upheld both complaints. See: LNB News 14/05/2025 13. ASA report reveals 43% non‑compliance with influencer advertising rules The ASA has issued its 2024 Influencer Ad Disclosure monitoring report, analysing over 50,000 pieces of content on Instagram and Tik Tok from 509 UK‑based accounts. It identified 57% compliance, with 34% of influencer ads lacking any disclosure and 9% using inadequate labels. The ASA will share findings with platforms and influencers and continue enforcement through AI‑powered...
Illiquidx Ltd v Altana Wealth Ltd and others [2025] EWHC 299 ( Ch) What are the practical implications of this case? This decision highlights the need for precise, clear definitions and clauses in NDAs, especially concerning the boundaries of confidential information and what falls within the public domain. Equally, spelling out permitted disclosures reduces uncertainty; providing information to third parties does not, on its own, render it public or remove its confidentiality. The court will evaluate disclosures on their individual facts, with the key consideration being how far the veil of secrecy still remains. It is also prudent to set out contractually how confidential information will be handled if a commercial relationship ends or breaks down unexpectedly. Measures might include requiring confidential information (and any materials that contain it) to be returned, deleted, or destroyed. For trade secret protection, the absence of an NDA does not...
Dyson’s bid to contest a Court of Appeal ruling “does not raise a point of law of general public importance”, states an order dated 1 May 2025 and approved by the UK Supreme Court on 6 May 2025. On 13 December 2024, the Court of Appeal determined that England was plainly the proper forum to hear the claim brought by 24 migrant labourers. That decision reversed the High Court’s view, where a judge had found the dispute bore strong connections to Malaysia and ought to proceed there. The workers, originating from Nepal and Bangladesh, allege they were trafficked from their homelands. They report having endured exploitative and abusive working and living conditions while engaged by a third‑party supplier providing products and components to the Dyson Group, most widely recognised for its vacuum cleaners. The succinct Supreme Court order records that...
In this issue: Advertising, marketing and sponsorship Agency and distribution 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 Advertising, marketing and sponsorship ASA rulings—7 May 2025 The Advertising Standards Authority ( ASA) received three objections claiming an ad campaign distorted the welfare standards granted to farmed animals under the RSPCA Assured scheme. Adfree Cities was one of the complainants. The ASA dismissed the complaints. See: LNB News 07/05/2025 21. Agency and distribution Expect complex ruling from UK justices in car dealer case Law360, London: On 2 April 2025, the UK Supreme Court heard submissions in the joined test cases Johnson v First Rand Bank Ltd, Wrench v First Rand Bank Ltd and Hopcraft v Close Brothers Ltd. The appeals concern findings of the Court of Appeal. The Supreme Court has indicated judgment will be issued no earlier than July 2025. See News...
The Competition and Markets Authority ( CMA) expects online TRPs to act against businesses that seek to inflate their ratings through fake or misleading reviews. However, some businesses may resist—arguing the TRP was wrong to impose penalties and that they have suffered significant damage as a consequence. How can TRPs find the right balance in these circumstances? What are TRPs and what does UK law say about fake reviews? Trader recommendation platforms, or TRPs, are sites or apps that publish consumer reviews of businesses. Consumers value them because they can see what others thought about a business they are considering buying from; indeed, some TRPs also require businesses on their platform to pass a vetting process before they can feature on the site or the app. Businesses favour them because they generate leads—particularly from customers such as homeowners, where...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts International Public procurement Supplier management Daily and weekly news alerts Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—30 April 2025 A complaint alleging misleading pricing against Groupon International Ltd and Jaoyeh Trading Ltd was reviewed by the Advertising Standards Authority ( ASA). The regulator upheld the complaint in full. See: LNB News 30/04/2025 26. ASA rulings—23 April 2025 The ASA received three complaints concerning FX Compared Ltd t/a FXcompared. They challenged claims about savings, commercial intent, and descriptions of money transfer providers as the ‘best’ and ‘top providers’. The ASA upheld the complaints in each case. See: LNB News 23/04/2025 16. Agency and distribution ‘ Half the truth is often a great lie’— Benjamin Franklin ( Expert Tooling and Automation Ltd v Engie Power Ltd) An appeal to the Court of Appeal contested the High Court’s findings on the reach of...
Barclays Bank plc v VEB. RF [2024] EWHC 3088 ( Comm) Contrary to this, the Russian bank commenced proceedings in the Russian courts. The English bank applied to the English courts for anti‑suit and anti‑enforcement injunctions, which were granted. The Russian bank then initiated arbitration proceedings, as it was originally required to do. During the contractual notice period, however, the English bank notified the Russian bank that the dispute should be transferred to the English courts. The Russian bank maintained that the English bank had waived that right......
Expert Tooling and Automation Ltd v Engie Power Ltd [2025] EWCA Civ 292 What are the practical implications of this case? The Court of Appeal’s judgment highlights central factors for commercial practitioners when examining claims involving half-secret commission, the scope of disclosure, the need for informed consent, and the part played by dishonesty... Relevance of Johnson v Firstrand: clarifying half-secret commissions and dishonesty Lord Justice Zacaroli referred to the leading and most recent authority on secret and partly disclosed commissions, Johnson v First Rand Bank Ltd [2024] EWCA Civ 1282. The Supreme Court heard the appeal in April 2025, with its decision still awaited. Johnson confirmed that where a broker accepts commission from a finance provider without securing the buyer’s informed consent, the broker is in breach of fiduciary duty, and the payer’s responsibility is contingent on dishonesty. Following that analysis, the Court of Appeal drew...
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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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