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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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What has ‘gone live’? From 24 February 2025, PA 2023 has gone live, so the core provisions of the new UK public procurement regime now govern covered procurements. This spans public contracts let by central government, local authorities, and other public sector bodies for goods, services, and works above the applicable financial thresholds. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. How did we get here? Implementation followed an extensive journey, beginning with consultations under the previous government on post‑ Brexit reforms intended to streamline rules and enhance transparency. After parliamentary scrutiny and engagement with stakeholders, PA 2023 received Royal Assent on 26 October 2023, with a phased transition promised so contracting authorities and suppliers could adapt. A go‑live first set for 28 October 2024 moved to 24 February 2025 to allow for implementing legislation, system updates, and a...
In this issue: Advertising, marketing and sponsorship Agency and distribution Contracts International Public procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship Google’s reversal on device fingerprinting— ICO reaction and follow-up guidance. Jules Toynton, senior associate, and Isla Neil, data, privacy and cybersecurity lawyer at DLA Piper, assess the Information Commissioner’s Office ( ICO) reaction to Google lifting its ban on device fingerprinting, alongside the ICO’s draft guidance on the deployment of storage and access technologies issued in the wake of that response. See News Analysis: Google’s U-turn on device fingerprinting— ICO reaction and subsequent guidance. ASA rulings—19 February 2025 The Advertising Standards Authority ( ASA) received a single complaint about misleading discount representations on Secret Escapes Ltd’s website. The ASA upheld the complaint. See: LNB News 19/02/2025 29. Agency and distribution UK FCA gets permission to intervene in landmark car‑finance hearing. MLex reports that the UK’s...
The Financial Conduct Authority has secured approval to participate in the landmark car finance hearing expected to shape the industry’s future. However, the Supreme Court instead refused leave to the leading trade body, the Finance & Leasing Association. A ministry spokesperson said the finance ministry was likewise refused permission to intervene in the case, adding that it would still “monitor it closely” closely. The department had sought to take part in the hearing, concerned that an outcome in favour......
The UK Supreme Court, due to open the appeal on 1 April 2025, formally told both parties on 17 February 2025 that leave had been denied. It offered no detailed public explanation whatsoever at all for its decision to refuse HM Treasury’s January 2025 application to participate in appeals filed by the lenders after the Court of Appeal ruled that any sums paid to dealerships for arranging finance must be fully revealed to customers. The government voiced serious concern that the judgment could have a significant and potentially harmful effect on the market. The Treasury did not promptly respond to a further immediate public request for comment on......
Macdonald Hotels Ltd v Bank of Scotland Plc [2025] EWHC 32 ( Comm) Relevant facts The High Court examined allegations brought against Bank of Scotland Plc ( BOS) by Macdonald Hotels Limited ( MHL) arising from the compelled sale of three properties: the Randolph Hotel, the Old England Hotel and the Marine Hotel (the Hotels). MHL contended that disposals occurred when valuations were unusually depressed, contravening implied terms of a facility agreement and, in relation to the Randolph, express provisions in a shareholders agreement. MHL further maintained that BOS ought to have allowed repayment by alternative means (including third‑party refinancing) and/or over an extended timescale. Resolving the dispute required review of years of dialogue, intricate documentation, and numerous detailed amendments. Careful consideration was required to identify and fully determine the issues arising in the case. This note concentrates on the funding...
ICO response to Google’s device fingerprinting decision In December 2024, the ICO responded to Google’s move to lift its ban on device fingerprinting (gathering and merging details about a device’s software and hardware to identify it) for organisations using its advertising products, with the change effective from 16 February 2025. See: LNB News 19/12/2024 73. This followed Google’s July 2024 decision to keep third party cookies. In its response, the ICO condemned Google’s choice to allow device fingerprinting for advertising as ‘irresponsible’ and underlined that device fingerprinting: requires consent — it can identify devices even when cookies are blocked or location is hidden; although commonly deployed for fraud prevention, the ICO reiterated it remains subject to the usual consent rules reduces user control — despite browsers now offering ‘enhanced’ tracking protection, the ICO said fingerprinting is not a fair way to track people online as it...
What are the practical implications of this case? EE Ltd versus Virgin Mobile Telecoms Ltd [2025] EWCA Civ 70...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection E-commerce International Supply of goods and services Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA rulings—12 February 2025 A single complaint was lodged with the Advertising Standards Authority ( ASA) about a Tesco advertisement that contrasted Tesco Clubcard with Sainsbury’s Nectar loyalty schemes. The ASA did not uphold the complaint. See: LNB News 12/02/2025 34. Consumer protection IPO supports graduate’s platform to combat counterfeit cosmetics The Intellectual Property Office ( IPO) has endorsed Safe Glam, an online learning platform created by business graduate Giorgia Flora Aloi. It informs consumers about the hazards of counterfeit cosmetics and how to spot them. Safe Glam complements the IPO’s Counter-...
WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 ( Comm) What was the background? WH Holding Ltd ( WHH) and E20 Stadium LLP ( E20) were counterparties to a concession agreement (the Agreement) concerning the operation of the London Stadium situated in the Queen Elizabeth Olympic Park The Agreement included an anti‑embarrassment clause requiring WHH to pay E20 a Stadium Premium Amount if specified transactions by WHH’s shareholders occurred On 10 November 2021, WHH’s shareholders entered into arrangements to sell shares and to grant options connected with WHH’s ownership of West Ham United Football Club A dispute then arose between WHH and E20 as to whether, in light of those transactions, a Stadium Premium Amount became payable pursuant to the anti‑embarrassment clause The parties referred that dispute to an expert for determination in accordance with the Agreement’s expert determination clause, which provided that the expert’s decision would be final and...
On 23 January 2025, the CMA unveiled two further investigations into whether any company possesses SMS in relation to certain digital activities, this time concentrated on Apple and Google’s mobile ecosystems (see LNB News 23/01/2025 15). The CMA will evaluate whether each of Apple and Google has SMS for the provision of specified services within their mobile ecosystems and, if so, whether to impose measures (conduct requirements) to protect competition, consumers and/or businesses. The announcement lands just a week after the CMA disclosed its first SMS investigation, concerning Google’s general search services (see LNB News 14/01/2025 26). The emergence of three investigations in quick succession shows the CMA moving promptly to deploy the strengthened powers to review digital markets that it obtained at the start of 2025. What is a ‘mobile ecosystem? ......
What does the advice cover? The CMA outlines six compliance principles grounded in the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277). These principles are intended to help TRPs grasp their legal responsibilities and sustain a fair, transparent trading setting, thereby reducing the risk of consumer harm. For each principle, the guidance defines key terms and concepts, sets out why the CMA expects TRPs to adhere to it, and gives practical examples of practices likely to achieve the aim versus those that are not. The scope covers TRPs’ commercial practices on any channel, including: websites apps social media adverts posters brochures What are the key takeaways for trader recommendation platforms ( TRPs)? TRPs should consider the six compliance principles below. The headline points for each are: Principle 1— Representations made by TRPs to...
Why is the CMA consulting? The CMA is inviting views on the draft ‘ Consumer Protection: Enforcement Guidance CMA58ii’ (‘ Draft Guidance’), which sets out the consumer protection tools available to the CMA, and its stance on compliance with and enforcement of UK consumer law. Once finalised, this document will supersede the CMA58 guidance from 2016 (‘2016 Guidance’). The Draft Guidance establishes a framework for applying the CMA’s investigatory and enforcement functions in consumer matters, reflecting changes brought in by the Digital Markets, Competition and Consumers Act 2024 (‘ DMCCA 2024’). That Act strengthens rights and protections for UK consumers and equips the CMA with robust sanctions—including the ability to levy fines directly—for breaches of UK consumer law. It clarifies how these powers will be exercised effectively across investigations and enforcement activity. The consultation closes on 22 January 2025. What are the key changes...
R (on the application of Cobalt Data Centre 2 LLP and another) v Revenue and Customs Commissioners [2024] UKSC 40 What are the practical implications of this case? This piece examines the Supreme Court’s treatment and use of the governing rules on variation and recission of contracts. The judgment identifies core pointers for commercial advisers when deciding if a later agreement operates as an alteration of an earlier bargain, or instead amounts to recission and substitution. It addresses how to characterise subsequent arrangements against their predecessors. Clarity in drafting amendments Commercial counsel should prepare contractual papers using clear, express wording that indicates whether they are meant to vary or to replace. Unequivocal drafting will evidence the parties’ shared intention and enable any court to prioritise their freedom of contract, from outset and without...
Maximilian Schrems v Meta Platforms Ireland Ltd , Case C-446/21 What are the practical implications of this case? The ruling in Schrems v Meta Platforms Ireland arrives 14 months after the Court of Justice, in Meta vs Bundeskartellamt ( Case C‑252/21), concluded that merely accessing a site or app does not, in itself, make a user’s personal data manifestly public—thereby eliminating reliance by a social network on Article 9(1)(e) of Regulation ( EU) 2016/679, the General Data Protection Regulation ( EU GDPR). Schrems v Meta Platforms Ireland narrows the scope for processing special category data on social platforms and offers significant clarification on handling data that has been manifestly made public (and where explicit consent is invoked). Notably, it emphasises the nexus between a person issuing a public statement—which can render particular information manifestly public—and a platform’s deployment of pixels and cookies to track online...
In this issue: Advertising, marketing and sponsorship Agency and distribution Contracts 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 Get DMCCA 2024 ready— ASA and CMA appear out of step on discount claims. Geraint Lloyd‑ Taylor, partner and Co‑ Head of Advertising & Marketing Law at Lewis Silkin, explores how the Advertising Standards Authority ( ASA) and the Competition and Markets Authority ( CMA) diverge in their treatment of online discount/savings statements, especially ‘was/now’ pricing, otherwise known as ‘reference prices’. See News Analysis: Get DMCCA 2024 ready— ASA and CMA appear out of step on discount claims for more detail in that analysis. ASA rulings—22 January 2025 The Advertising Standards Authority ( ASA) received two complaints concerning Health Line’s Facebook ads for LASIK eye surgery, and the ASA upheld both complaints. See: LNB News 22/01/2025 6......
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) [2025] EWHC 77 ( Comm) What are the practical implications of this case? This decision offers firm direction on how to deal with contracts that contain inconsistent dispute resolution mechanisms. It distils key principles, including: the applicable standard for granting anti‑suit relief; the correct approach to a stay under section 9 of the Arbitration Act 1996; general rules of contractual interpretation; and interpretative principles where jurisdiction clauses and arbitration agreements compete. The judgment also sets out how the court will assess whether a later agreement replaces an earlier one, whether the dispute resolution terms truly clash, and the proper construction of clauses establishing a hierarchy or order of...
What is the new FPC? Any company, regardless of size, may opt in to the FPC by applying for a bronze, silver or gold tier, provided it has a registered UK address. The framework for awards is: Gold: At least 95% of invoices settled within 30 days Silver: At least 95% of all invoices within 60 days, with a minimum of 95% to small businesses paid within 30 days Bronze: A minimum of 95% of all invoices within 60 days Alongside the tiers, the FPC sets out fair payment principles that every applicant must endorse, committing to being ‘clear, fair and collaborative’ with suppliers. Local authorities, NHS trusts and government departments cannot join the FPC. When it comes into force, they will be governed by section 68 of the Procurement Act 2023, requiring 30-day terms for all undisputed invoices....
On 14 January 2024, the ASA released refreshed guidance on claims about promotional savings and discounts. There is plenty of shared ground between the ASA and the CMA, yet there are notable differences in how they handle online discount and savings assertions—most notably ‘was/now’ pricing. The overlap is real, but not absolute. WAS pretty reasonable and clear/ NOW it’s not! This territory had seemed settled and largely uncontentious for years, until the CMA chose to shift the goalposts in a way that caught online retailers off guard. In its recent case concerning online mattress retailers, the CMA introduced an entirely new and additional requirement for was/now discount claims. That stipulation is not applied in the same way in any other country and has never previously applied here in the UK. It does not flow from legislation; rather, the CMA appears to have conjured it....
Background to OTSI guidance Following Russia’s assault on Ukraine in February 2022, the UK brought in trade sanctions covering a broad spectrum of goods, technology and services. Although direct commerce between the UK and Russia has fallen markedly since these measures were imposed, Russia has continued attempting to source such items indirectly, often via intricate supply chains. This trend has heightened the exposure of UK businesses to sanctions circumvention and the diversion of products to Russia. The methods used to sidestep restrictions are diverse and evolve rapidly, including fabricated end-use details, routed shipments, and the involvement of professional sanctions evasion networks. Participants across supply chains must recognise the diversion threats created by Russia’s procurement activity in this changed environment. Among other provisions, UK trade sanctions bar the export from the UK of sanctioned items to, or for use in, Russia, even where those items are first...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce International sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Advertising, marketing and sponsorship ASA Rulings—15 January 2025 A single complaint was filed with the Advertising Standards Authority ( ASA) about the conduct of a prize draw. The ASA determined the administration was unfair and upheld the complaint. See: LNB News 15/01/2025 37. CAP revises guidance on ‘less healthy’ food ad restrictions The Committee of Advertising Practice ( CAP) has set out plans to update its guidance on forthcoming restrictions for ‘less healthy’ food and drink advertising. In light of consultation feedback, CAP considers certain aspects—particularly concerning brand advertising—need refinement. The revised guidance will make clear that adverts may fall within scope even...
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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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