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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: UK Competition policy EU Digital Markets EU antitrust Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK Competition policy CMA launches consultation on draft CMA4 The CMA has opened a consultation on its draft guidance, Administrative Penalties: Statement of Policy on the CMA’s Approach ( Draft CMA4). Draft CMA4 outlines the authority’s proposed policy on using its enforcement powers and issuing administrative penalties in relation to: breaches of ‘ Investigatory Requirements and Remedy Requirements’ under the Competition Act 1998 ( CA 1998) (see below) the provisions of the Enterprise Act 2002 ( EA 2002) dealing with markets and mergers, and the provisions of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) concerning the CMA’s digital markets and...
Digital Markets General Court dismisses Byte Dance’s action against Commission’s decision designating it as a gatekeeper The General Court has delivered its ruling in Case T-1077/23, Byte Dance v Commission, concerning the challenge to the Commission’s 5 September 2023 decision that designated Byte Dance as a gatekeeper under the Digital Market Act ( DMA) in respect of its online social networking platform Tik Tok. The Court concluded that the Commission’s designation was warranted, as it was not disputed that Byte Dance satisfied the DMA’s quantitative thresholds relating to global market value, the number of Tik Tok users within the EU, and the length of time for which that user-number threshold had been met, thereby allowing the presumption that Byte Dance qualifies as a gatekeeper......
Subsidy control The application has been released in Mr Aubrey Weis v Greater Manchester Combined Authority, an appeal lodged by Mr Weis under section 70 of the Subsidy Control Act 2022, contesting the Manchester Combined Authority’s decision to award subsidies by way of loans to two special purpose vehicles—see the application for further details. Note— For all live appeals under the Subsidy Control Act 2022 and the appeal courts, see further, UK subsidy control—appeals tracker. Upcoming dates— For dates of forthcoming UK competition developments, see further, UK Competition calendar......
Mergers The CMA has initiated its phase 1 inquiry regarding Microsoft Corporation’s recruitment of particular former staff of Inflection AI, Inc. ( Inflection) and its involvement in related arrangements with Inflection—see the case page for further details. Note— For every live merger before the CMA, please consult the UK mergers—ongoing cases tracker. Upcoming dates: For forthcoming UK competition milestones, see the UK Competition calendar......
Mergers The Commission approved the transaction whereby Intermediate Capital Group plc and Corporación J. both assume joint control over Grupo J. Uriach, SLU and PAM Invest- Ineldea Santé SAS......
Mergers The Commission has approved: the move to joint control of Hy Via by Renault SAS and Plug Power France ( M.11500) following a phase I review—see also, Midday Express the move to joint control of US-based URUS Group LP by CVC Capital Partners and the Pon Holdings BV ( M.11579) following a phase I review—see also, Midday Express NOTE— For an overview of all ongoing merger probes before the Commission, see EU mergers—ongoing cases tracker Antitrust The General Court convened a hearing in Case T- 188/24 Compagnie générale des établissements Michelin v Commission, an appeal contesting the Commission’s decision to conduct dawn raids in its inquiry AT.40863— Hoops (now ‘ Replacement tyres’)—see also, application NOTE— For a list of all current antitrust appeals before the General Court, see General Court appeals—ongoing cases tracker Upcoming dates For timings of forthcoming EU competition...
Mergers The Commission cleared: the acquisition conferring joint control of Gartner Transport Holding Gmb H on Richard Garther and CE - Beteiligungs- Gmb H ( M.11506), following a phase I review—see further, Midday Express the acquisition granting joint control of the Sehnde Asset and the Rosstal Asset to Prologis, L. P and NBIM Nerva S.à.r.l. ( M.11561), following a phase I review—see further, Midday Express the acquisition yielding sole control of Nexeye Holding B. V. ......
In this issue: UK mergers UK private actions UK market investigations EU antitrust EU State aid Daily and weekly news alerts Lex Talk®Competition: a Lexis®Nexis community New and updated content Caselex UK mergers The CMA has issued its final positions following reviews of three sets of merger remedies and a single market investigation order: discharge undertakings in lieu of reference from August 2011 linked to Acergy SA’s acquisition of Subsea 7 Inc discharge undertakings in lieu of reference from August 2008 relating to Home Retail Group plc’s purchase of 27 leasehold properties from Focus ( DIY) Ltd discharge undertakings dating from February 2002 by Lloyds TSB Group plc concerning its acquisition of Abbey National plc revoke the Energy Market Investigation ( ECOES/ DES) Order 2016 The CMA determined that, due to changes in...
Antitrust Court of Justice Service proposes that legal documents in damages action should not be served to Volvo’s Spanish subsidy The Court of Justice has delivered its judgment in Case C‑632/22 Volvo, following a Spanish reference that sought, amongst other matters, guidance on the effectiveness of serving legal documents in a damages claim linked to the trucks cartel. The referring court asked in particular whether Article 47 of the Charter of Fundamental Rights of the European Union, read together with Article 101 TFEU, should be understood as preventing service on a parent company, whose registered office is in another Member State (ie Sweden), by delivering documents at the business premises of that company’s subsidiary ( Spain). By way of context, Transsaqui SL bought two Volvo trucks in 2008. In July 2016, the Commission adopted a decision concluding that MAN, Volvo/ Renault, Daimler, Iveco and DAF had...
Competition policy The CMA stated it has opened a consultation on draft guidance, Administrative Penalties: Statement of Policy on the CMA’s Approach ( Draft CMA4), initiating the process on the draft CMA4......
Mergers The Commission approved purchase of joint control of a fibre-to-the-home network from Digi Spain Telecom, S. L. U. by Sota Investments ( UK) Holdco Limited and Aberdeen Infrastructure IV- A, B. V.......
Mergers CMA publishes final decisions relating to reviews of three sets of merger undertakings and one market investigation order The CMA has issued its final decisions to: release undertakings in lieu of reference from August 2011 concerning the acquisition by Acergy SA of Subsea 7 Inc. release undertakings in lieu of reference from August 2008 relating to the acquisition by Home Retail Group plc of 27 leasehold properties from Focus ( DIY) Ltd release undertakings provided in February 2002 by Lloyds TSB Group plc regarding its acquisition of Abbey National plc revoke the Energy Market Investigation ( ECOES/ DES) Order 2016 The CMA concluded that, due to changes in circumstance, each of these remedies is no longer appropriate and should therefore be released (for the undertakings) and revoked (for the order). See further, final...
Mergers The Commission approved: the attainment of joint control over Solvares Group Gmb H by Cheetah, Investment SARL and Five Arrows Principal Investments IV Funds ( M.11566) following a phase I investigation—see further in Midday Express the assumption of sole control of KIKO S.p. A. by L Catterton Management Limited ( M.11574) following a phase I investigation—see further in Midday Express the taking of sole control of Greenergy Halo Holdings III Limited by Trafigura Group Pte......
Market investigations CMA issues statement regarding its inquiry into the veterinary sector. The authority has released an issues statement that defines the remit of its market investigation into the provision of veterinary services for domestic pets in the UK, and addresses the supply of prescribed veterinary medicines for those pets. The CMA’s reference launching the market investigation was made on 23 May 2024......
Mergers The Commission approved Drosed Holding SA’s takeover of sole control of Indykpol SA ( M.11407) following a phase I review—see further, Midday Express. The Commission was notified of Künhe Holding/ Aenova ( M.11571) under the simplified merger procedure. The Commission released the public version of its decision in Generali/ Libery Seguros ( M.11234)—see further, decision. Note— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker. State aid The Court of Justice held a hearing in Case C‑453/23, Prezydent Miasta Mielca......
Private actions Court of Appeal issues judgment relating to preliminary issues and exemplarity in damages claim in Merricks v Mastercard On 5 July 2024, the Court of Appeal handed down its judgment in Walter Hugh Merricks CBE v Mastercard Incorporated and Others, an appeal from the CAT’s judgment of 21 March 2023 addressing preliminary questions concerning limitation and exemptibility in the collective proceedings begun by Mr Walter Hugh Merricks CBE to pursue damages from Mastercard. The case is grounded in the European Commission’s 2007 decision (the Commission’s 2007 decision), which concluded that Mastercard’s EEA multilateral interchange fees ( MIFs) breached Article 101 TFEU. That 2007 decision of the Commission was later upheld by the Court of Justice, on Mastercard’s appeal, on 11 September 2014, and forms the basis for the claim advanced in these proceedings......
Antitrust Commission announces Visa and Mastercard voluntary continue their antitrust commitments on inter-regional fees beyond November 2024 The Commission released a statement recognising that Visa and Mastercard will, on a voluntary basis, prolong the commitments that the Commission accepted on 29 April 2019 under Article 9 of Regulation 1/2003. These undertakings were designed to tackle concerns that Visa’s and Mastercard’s inter-regional interchange charges on debit and credit card transactions contravened Article 101 TFEU. Inter-regional interchange fees refer to charges levied on purchases within the EEA where the payment card was issued outside the EEA. This continuation will apply beyond November 2024, covering debit and credit transactions......
Private actions CAT dismisses application by certain local authorities to strike out pass-on defence in trucks damages litigation The CAT has delivered its decision in Adur District Council & Others v TRATON SE & Others, dealing with an effort by Adur District Council and several other claimants to secure strike out or summary judgment against aspects of the defendants’ mitigation of overcharge contentions. Those points were advanced by the truck manufacturers in response to the claimants’ damages claim, which is grounded in the European Commission’s decisions determining that certain EEA truck makers took part in an unlawful cartel, contrary to Article 101 TFEU......
Subsidy control The Subsidy Advice Unit has issued a report offering guidance to the Department for Energy Security and Net Zero on its planned Social Housing Decarbonisation Fund Wave 3 Scheme—see further, the report. Note— For every decision notified to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker. Upcoming dates— For the timetable of forthcoming UK competition developments, see further, the UK Competition calendar......
Antitrust Court of Justice dismisses appeal relating to the calculation of the fine in the pre-stressing cartel case The Court of Justice has delivered its ruling in Case C-70/23, Westfälische Drahtindustrie and Others v Commission, on an appeal brought against the General Court’s judgment in Case T-275/20. That judgment had rejected an action seeking annulment of the Commission’s decision of 30 June 2010, as later amended on 30 September 2010, in the pre-steel cartel matter ( AT.38344) (the Commission’s 2010 decision). In 2010, the Commission imposed fines on Westfälische Drahtindustrie Gmb H ( WDI) and Westfälische Drahtindustrie Verwaltungsgesellschaft mb H & Co. KG ( WDV), holding WDI jointly and severally liable with WDV and Pampus, for their participation in a cartel covering the supply of pre-stressing steel. On 15 July 2015, the General Court dismissed an appeal against the Commission’s 2010 decision (the General Court’s 2015...
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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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