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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Mergers Government publishes The Digital Markets, Competition and Consumers Act 2024 ( Water Mergers) ( Consequential Amendments) Regulation 2024 The Digital Markets, Competition and Consumers Act 2024 ( Water Mergers) ( Consequential Amendments) Regulation 2024 (the Regulations) ( SI 2024/840) have been issued, accompanied by an explanatory memorandum. These Regulations deliver technical updates to the Water Mergers ( Modification of Enactments) Regulations 2004 ( SI 2004/3202) (the 2004 Regulations), prompted by Royal Assent to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA). The aim is to prevent the 2004 Regulations from cross-referring to wording in the Enterprise Act 2002 that has since been removed or no longer matches the current text. Under the Water Industry Act 1991, Part 3 of the Enterprise Act 2002—containing the principal statutory framework governing mergers—applies to mergers between water and sewerage businesses in England and Wales, subject to the...
Mergers The Commission approved: the set-up of a joint venture by Total Energies SE and OQ SAOC ( M.11552) following a phase I review—see more in Midday Express the takeover of sole control of Staci SAS by bpost SA/ NV ( M.11558) after a phase I review—see more in Midday Express The Commission has received notification of KKR/ Impilo/ Immedica ( M.11609) under the simplified merger procedure Note— For all ongoing merger probes before the Commission, see the EU mergers—ongoing cases tracker Upcoming dates For dates of forthcoming EU competition developments, see the EU Competition calendar......
Mergers The Commission approved the acquisition conferring sole control of the Aenova group of companies by Kühne Holding AG ( M.11571) following a phase I review—see further, Midday Express. NOTE— For all current merger investigations before the Commission, see further, EU mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming EU competition developments, see further, EU Competition calendar......
Antitrust 10-year information exchange between credit institutions can constitute by object restriction The Court of Justice has handed down its judgment in Case C‑298/22, Banco BPN v BIC Português and Others, following a national reference from Portugal requesting clarification on whether, and in what circumstances, an exchange of information is to be treated as a restriction by object under Article 101 TFEU. By way of background, on 9 September 2019 the Portuguese Competition Authority ( Ad C) imposed fines on a number of banks for engaging in a standalone exchange of information — that is, not ancillary to any cartel — in breach of Article 101 TFEU and the equivalent domestic provisions. The Ad C classified those contacts as restrictions by object. The applicants appealed before the national courts, culminating in a national reference to the Court of Justice on 4 May 2022. In...
Private actions CAT issues judgment dismissing strike-out claim and granting application for a collective proceedings order brought by BSV Claims Limited against several cryptocurrency exchanges The CAT has delivered its decision in BSV Claims Limited v Bittylicious Limited & Others on an application for a collective proceedings order ( CPO) lodged by BSV Claims Limited, the proposed class representative ( PCR), under section 47B of the Competition Act 1998. The CPO bid targets the following Proposed Defendants: Bittylicious Limited Payward Limited Shape Shift Global Limited Payward, Inc Shape Shift AG Binance Europe Services Limited The application consolidates standalone claims advanced for UK‑based holders of the cryptocurrency Bitcoin Satoshi Vision ( BSV), seeking compensation for losses said to flow from breaches of Article 101 TFEU and the Chapter I prohibition of the Competition Act 1998. It is asserted that the Proposed Defendants, each being a...
Foreign Subsidies Regulation Commission publishes Staff Working Document providing guidance of Foreign Subsidies Regulation The Commission has released a Staff Working Document ( SWD) setting out guidance on applying Regulation 2022/2560 on foreign subsidies that distort the internal market, known as the Foreign Subsidies Regulation ( FSR). Through this document, the Commission explains how the FSR applies to situations involving foreign subsidies that may distort the internal market. The FSR lays down rules to tackle distortions arising from foreign subsidies. The framework empowers the Commission to examine financial contributions provided by non‑ EU states to undertakings operating within the EU, and, where appropriate, remedy their distortive impact on the internal market. Among other things, the FSR requires businesses to inform the Commission of specified concentrations and of their participation in defined public procurement procedures where foreign financial contributions are involved. The SWD offers initial...
Antitrust Commission closes Article 102 investigation into EPEX Spot’s conduct intraday trading market The Commission has confirmed the closure of its Article 102 investigation into EPEX Spot SE ( EPEX Spot), which examined whether the company abused a dominant position by obstructing competitors in the provision of electricity intraday trading facilitation services in at least six Member States— Austria, Belgium, France, Germany, Luxembourg and the Netherlands ( AT.40700). EPEX Spot is the largest power exchange in several EU jurisdictions. Intraday markets allow buyers and sellers to trade electricity in the last hours before it is fed into the grid, and they are crucial both for safeguarding network stability and for the efficient deployment of renewable technologies such as solar and wind, whose output can be forecast most precisely just ahead of generation. The case evaluated if EPEX Spot leveraged market power to...
What does the Market Standards Trend Report cover? The Market Standards Trend Report delivers a detailed review of the 29 firm offers, 32 possible offers, and 8 notices of formal sale processes and/or strategic reviews announced by Main Market and AIM companies subject to the Takeover Code in H1 2024. It offers insight into public M& A patterns and what we, together with leading experts from Addleshaw Goddard, Ashurst, Bird & Bird, Gibson Dunn, Hogan Lovells, Linklaters, Macfarlanes, Paul Weiss and White & Case, expect to unfold in H2 2024 and beyond. Topics covered include: outlook for H2 2024 deal value and deal volume deal structure unrecommended and competing offers public to private ( P2P) transactions bidder jurisdiction industry nature of consideration and bid financing irrevocable undertakings possible offers, formal sale processes and...
In this issue: UK subsidy control UK antitrust UK competition policy EU antitrust Lex Talk®Competition: a Lexis®Nexis community New and updated content Caselex UK subsidy control Subsidy Advice Unit publishes responses to its consultation regarding proposed approach to monitoring under the Subsidy Control Act 2022 The Subsidy Advice Unit ( SAU) has released the feedback to its February 2024 consultation on its intended approach to delivering the monitoring role set out in section 65 of the Subsidy Control Act 2022 (the Act). Under section 65, the SAU must track and assess how well the Act functions, and its effects on competition and investment across the UK. Reviews are required for the period from commencement to 31 March 2026, then for the next three years, and thereafter every five years. The consultation sought input on each element of the SAU’s...
Mergers Spreadex/ Sporting Index merger raises competition concerns; CMA provisionally favours structural remedy The CMA has published its provisional findings and a notice of potential remedies in its phase 2 review of the completed purchase by Spreadex Limited ( Spreadex) of the business-to-consumer ( B2B) business of Sporting Index Limited ( Sporting Index). Both Spreadex and Sporting Index supply online fixed odds betting and online sports spread betting to UK customers. Spreadex additionally operates in financial spread betting and casino betting. The CMA has, on a provisional basis, concluded that the deal may give rise to an SLC in the provision of licensed online sports betting within the spread betting segment in the UK. In particular, it has initially determined that: (i) the transaction would remove the... The authority has signalled a preference for a structural solution at this stage, reflecting its preliminary...
Competition policy CMA publishes annual report on concurrency 2024 The CMA has released its 2024 annual concurrency report. It is the tenth, succeeding a baseline report issued in 2014......
Mergers The Commission cleared a joint venture between Kiwa Deutschland Gmb H and adesso SE ( M.11601) after phase I—see Midday Express. The Commission received the notification in Oakley Capital/ Eurazeo/ I‑ Tracing ( M.11627) under the simplified merger procedure. NOTE— For live merger cases, see EU mergers—ongoing cases tracker. State aid The General Court issued an order in T‑217/24 YU v Commission, an appeal for compensation for non‑pecuniary harm (anxiety, suffering and health decline) and interest until decisions in SA.46963 and SA.52275; interim measures refused—see order. The Court of Justice ordered in C‑233/24 YU v Commission, appealing the General Court’s order in T‑529/23 that had rejected annulment of the Commission’s decision in SA.46963 and SA.52275 on alleged French aid; Appeal dismissed as manifestly unfounded—see order. The Commission named Koen Van de Casteele Director for ‘ State aid: General...
Antitrust Commission launches investigation into possible anti-competitive agreements in the online food delivery sector The Commission has announced the launch of an investigation into whether Delivery Hero and Glovo have infringed Article 101 TFEU by taking part in a cartel affecting online ordering and delivery of food, groceries and other everyday consumer goods across the EEA. Delivery Hero, based in Germany, and Spain’s Glovo are among Europe’s largest food ordering and delivery operators. In June 2022 and again in November 2023, the Commission conducted unannounced inspections at their premises as part of an own-initiative inquiry into suspected collusion in the food delivery space. From July 2018, Delivery Hero held a minority stake in Glovo, before acquiring sole control in July 2022. The Commission is concerned that, prior to the merger, the two firms may have divided territories and exchanged...
Antitrust CMA seeking views on Google’s Privacy Sandbox changes The CMA has opened a call for input on Google’s intended changes to its ‘ Privacy Sandbox’ approach. On 11 February 2002, the CMA accepted binding commitments from Google under section 31A of the Competition Act 1998, aimed at tackling competition concerns tied to Google’s plan to withdraw third party cookies ( TPCs) in Chrome and to replace their functionality with a suite of ‘ Privacy Sandbox’ tools, while shifting key capabilities into Chrome. Those commitments included a pledge that Google would not remove TPCs until the CMA was satisfied that its competition worries had been resolved; if not, the CMA could take additional steps, such as re-opening its investigation and imposing interim measures as necessary in the meantime, if required......
Mergers The CMA has formally halted its phase 2 inquiry into Alpha Theta/ Serato after the parties chose to discontinue the deal—see further, case page. NOTE— For all active merger probes before the CMA, see further, UK mergers—ongoing cases tracker Subsidy control The Subsidy Advice Unit has agreed to a request from the Greater Manchester Combined Authority for a report on its proposed GMCA Brownfield Housing scheme—see further, case page. NOTE— For every decision referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
Antitrust Commission accepts commitments from Vifor to address abusive practices in iron treatment market The Commission has agreed to commitments proposed by Vifor in the context of an Article 102 TFEU competition probe. For context, on 20 June 2022 the Commission launched a formal antitrust inquiry to determine whether Vifor limited competition by unlawfully denigrating its closest European competitor in the intravenous iron treatment market, Pharmacosmos, in relation to its product Monofer. On 8 April 2024, the Commission issued a preliminary view that Vifor was dominant in several national markets for intravenous iron medicines and might have abused that dominance through its unlawful disparagement activities. To address the Commission’s competition concerns, Vifor initially tabled a number of commitments. Between 22 April 2024 and 22 May 2024, the Commission market‑tested Vifor’s initial proposals and consulted all interested third parties to check whether they would...
Mergers The CMA opened a phase 1 probe and called for comments on Macquarie Asset Management’s expected purchase of a joint controlling stake in Last Mile Infrastructure ( Holdings) Limited—see further, case page Following a phase 1 review, the CMA approved Nationwide Building Society’s proposed takeover of Virgin Money UK PLC—see further, case page After phase 1 scrutiny, the CMA also cleared Roche Diagnostics Limited to acquire specified entities owned by Lumira Dx Group Limited (in administration) and Lumira Dx International Limited (in administration)—see further, case page NOTE— For all current CMA merger matters, see further, UK mergers—ongoing cases tracker Private actions The CAT has posted the application in Waterside Class Limited v (1) Mowi ASA, (2) Mowi Holding SA, (3) Grieg Seafood ASA, (4) Salmar ASA, (5) Lerøy Seafood Group ASA, and (6) Scottish Sea Farms Limited, a collective damages claim by...
Mergers The Commission received notifications for: CVC/ Waldakt/ Resurs ( M.11636) (simplified merger procedure) Goldman Sachs/ Groupe Crystal ( M.11607) (simplified merger procedure) It released the Advisory Committee’s Opinion, the Hearing Officer’s Final Report, and the Summary of the Commission decision in Orange/ Mas Movil ( M.10896)—see further, Opinion of the Advisory Committee, Final Report of the Hearing Officer and Summary of the Commission decision Note— For all ongoing merger probes before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission adopted two approvals under EU State aid rules: Czechia’s compensation to Czech Post for providing Data Box Information System services for...
Mergers Following a phase I review, the Commission approved the move to share joint control of Hempel A/ S by Hempel Invest A/ S and CVC Capital Partners plc ( M.11590)—for more, see Midday Express. The Commission has acknowledged the filing in Harng Central Department Store/ Globus Holding ( M.11631) under the simplified merger procedure. NOTE— For every ongoing merger probe before the Commission, consult the EU mergers—ongoing cases tracker. Upcoming dates: for forthcoming EU competition milestones, see the EU Competition calendar......
Subsidy control Subsidy Advice Unit publishes responses to its consultation regarding proposed approach to monitoring under the Subsidy Control Act 2022 The Subsidy Advice Unit ( SAU) has released the responses to its February 2024 consultation, which invited feedback on its intended approach to carrying out its monitoring role as outlined in section 65 of the Subsidy Control Act 2022 (the Act). Section 65 assigns the SAU responsibility for overseeing and evaluating how effectively the Act operates, and for assessing the Act’s influence on competition and investment across the UK......
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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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