Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
Mergers The CMA has issued a notice ending the previously granted extension, made under section 39(4) of the Enterprise Act 2002, to the inquiry timetable for its ongoing phase 2 review of Alpha Theta/ Serato—see the case page for details. NOTE— For an overview of all current mergers before the CMA, consult the UK mergers—ongoing cases tracker. Private actions The CAT has posted the application in Bulk Mail Claim Limited v International Distribution Services Plc (formerly Royal Mail Plc), seeking to initiate collective proceedings under section 47B of the Competition Act. The claim, brought by Bulk Mail Claim Limited against International Distribution Services Plc (formerly Royal Mail Plc), relies on Ofcom’s 2018 decision that Royal Mail infringed the Chapter II prohibition of the Competition Act 1998 and Article 102 TFEU by proposing discriminatory pricing (a ruling upheld by the CMA and the Court of...
Mergers Deutsche Lufthansa/ MEF/ ITA conditionally cleared after phase II The Commission gave conditional approval to the planned acquisition of joint control of ITA Airways ( ITA) by Deutsche Lufthansa ( Lufthansa) and the Italian Ministry of Economy and Finance ( MEF) ( M.11071). Lufthansa and ITA run a broad portfolio of domestic services, short-haul flights within the EEA, and long-haul connections linking the EEA with the rest of the world. Lufthansa also maintains a joint venture with United Airlines and Air Canada, under which they align pricing, capacity and timetables, and together pool revenues on transatlantic services......
Mergers The Commission cleared a joint venture, Jernbanebyen Holding K/ S ( Denmark), by NREP AB ( Sweden), Novo Holdings A/ S, Industriens Pensionsforsikring A/ S and DSB Ejendomsudvikling A/ S (all Denmark) after a phase I review—see further, Midday Express. The Commission received notification of Kiwa/ Adesso/ JV ( M.11601) under the normal merger procedure. NOTE— For merger investigations: EU mergers—ongoing cases tracker. State aid Approval, under EU State aid rules, of: a €3bn Swedish scheme for carbon capture and storage from biomass—see further, press release; Bulgaria’s plan to grant restructuring aid to Bulgarian Posts up to €25.5m—see further, press release; a €45m Portuguese measure to shift freight from road to rail—see further, Midday Express; and amendments to a German scheme compensating energy‑intensive companies for higher electricity prices linked to ETS‑driven carbon costs—see further, Midday Express. NOTE— For State aid...
Mergers The Commission approved KKR & Co. Inc’s takeover of sole control of Encavis AG ( M.11542) after a phase I review—see further details in Midday Express. The Commission has received notification of Blackstone/ Winthrop Technologies ( M.11548) under the normal merger procedure. NOTE— For current merger inquiries before the Commission, consult the EU mergers—ongoing cases tracker. State aid Commission launches consultation on new procedure for access to justice in State-aid related environmental matters The Commission has opened a consultation on a proposed procedure designed to enable public access to justice for certain Commission decisions on State aid measures, for challenges based on alleged breaches of EU environmental law. More specifically, under the proposal, eligible members of the public—ie environmental non-governmental organisations—would be able to request an internal review by the Commission of a State aid decision for purported violations of EU environmental law. Those eligible applicants would have a right of...
Mergers The Commission authorised: the takeover of sole control of Mannesmann Stainless Tubes Gmb H by Cogne Acciai Speciali S.p. A ( M.11519) following a phase I investigation — for more, see Midday Express the takeover of sole control of Purmo Group Plc by Apollo Global Management, Inc ( M.11581) following a phase I investigation — for more, see Midday Express the acquisition of joint control of Perfesco SAS by Électricité de France SA and Sustainable Growth Infrastructure Fund SCSp SICAV- RAIF ( M.11525) following a phase I investigation — see further, ......
Antitrust The CMA issued a further timetable update for its ongoing Chapter II investigation into Apple’s conduct over app distribution on i OS and i Pad OS in the UK, especially the terms and conditions for developers’ access to the App Store—see further, case page The CMA set a further timetable for its Chapter II investigation into Google’s distribution of apps on Android devices (abuse of dominance)—see further, case page NOTE— For all live behavioural investigations before the CMA, see further, UK behavioural investigations—ongoing cases tracker Mergers The CMA published its issues statement for its phase 2 inquiry into Alpha Theta/ Serato—see further, issues statement NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Subsidy control The Subsidy Advice Unit released its final report giving advice to the Office for Life Science on its proposed Life Sciences...
Market investigations CMA publishes progress update on its mobile and cloud gaming market investigation The CMA has issued a progress report on its inquiry into the provision of mobile browsers and browser engines in the UK, and into the distribution of cloud gaming services through app stores on mobile devices within the UK......
In this issue: UK private actions EU antitrust EU Digital Markets Act EU State aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK private actions CAT rules NHS not time-barred regarding damages actions against drug manufactures involved in citalopram ‘pay for delay’ cartel The CAT has delivered its ruling in The Secretary for Health and Social Care & Others v Lundbeck Limited & Others, addressing a preliminary limitation question in proceedings that were moved from the High Court. The case concerns alleged breaches of Articles 101 and 102 TFEU and/or Chapter I and/or Chapter II of the Competition Act 1998, in relation to conduct involving citalopram and alleged ‘pay for delay’ arrangements......
Antitrust Court of Justice issues judgments against the General Court’s judgments partially upholding the Commission’s decision concerning the delayed entry of perindopril The Court of Justice ruled on appeals against General Court judgments that had partially upheld the Commission’s 9 July 2014 decision penalising Servier and several generics for delaying perindopril’s generic entry. It dismissed a number of appeals, confirming that Servier and Biogaran struck market‑exclusion deals restricting competition. On Servier’s appeal, it largely upheld the General Court but annulled aspects concerning the infringement period and fine calculation. On the Commission’s appeal, it set aside the judgment and remitted the case to assess whether the Servier– Krka assignment and licence is a restriction by object under Article 101... Mergers creation of a greenfield joint venture by Warner Bros. Discovery, The Walt Disney Company and Fox Corporation ( M.11523) cleared after phase I—see further, Midday...
State aid General Court dismisses further appeals regarding Spanish aid for the acquisition of ships The General Court delivered its judgment in Case T‑1/14, Aluminios Cortizo and Cortizo Cartera v Commission, concerning proceedings brought against the Commission’s decision of 17 July 2013. That decision concluded that a Spanish scheme for purchasing ships, which relied on leasing and financing via tax relief, involved unlawful State aid ( SA.21233) (the Commission’s 2013 decision). The General Court rejected the action. Under that arrangement, a shipowner could have a new vessel constructed with a rebate applied to the shipyard’s price. Yet, to benefit from the reduced price (after deduction of the rebate), the shipping company had to commit to acquiring the vessel not straight from the shipyard but through an economic interest grouping ( EIG), a vehicle constituted under Spanish law and set up by a bank......
Mergers The CMA has opened its phase 1 inquiry into the proposed purchase by Scanpole Limited of Calders & Grandidge ( Boston) Limited—see the case page Note— For a list of all active mergers before the CMA, see the UK mergers—ongoing cases tracker Upcoming dates— For schedules of forthcoming UK competition developments, consult the UK Competition calendar......
Mergers The CMA has confirmed an extension to its phase 2 inquiry timetable, prompted by a section 109 information request, in Alpha Theta/ Serato—see the case page for further details. Note— For a list of all live UK mergers before the CMA, please refer to the UK mergers—ongoing cases tracker. Subsidy Control The Subsidy Advice Unit has agreed to a request to prepare a report giving advice to the Department for Energy Security and Net Zero on its proposed Carbon Capture Use and Storage ( CCUS) Transport and Storage......
Antitrust Microsoft receives SO over abusive tying of Teams The Commission has issued a statement of objections to Microsoft, outlining its preliminary view that the company abused its dominance by bundling Teams, a communications and collaboration service, with productivity applications included within its Office 365 and Microsoft 365 business suites for businesses ( AT.40721 and AT.40873)......
Mergers The CMA indicated it is consulting on proposed undertakings offered in lieu of a phase 2 referral concerning the anticipated purchase by Theramex HQ UK Limited of the European rights to Viatris’ Femoston and Duphaston products—see further, case page The CMA issued the full text of its decision to accept undertakings instead of referring for a phase 2 investigation the completed acquisition by Pennon Group Plc of Sumisho Osaka Gas Water UK Limited (including its subsidiary Sutton and East Surrey Water Plc) under the Water Industry Act 1991—see further, decision NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......
Antitrust Commission closes antitrust investigation into Apple’s rules for in-app payment system and steering The Commission stated it has ended its antitrust probe into allegedly anti-competitive behaviour by Apple concerning certain terms it applies to some app developers for use of its App Store in the EEA. By way of context, on 16 June 2020, the Commission opened an antitrust investigation into: Apple’s rules requiring mandatory use of its proprietary in-app purchase system; Apple’s limits on app developers informing i Phone and i Pad users about cheaper purchase options outside the App Store (‘steering’) ( AT.40716). On the same day, it also initiated two other antitrust cases on comparable App Store terms covering music streaming ( AT.40437) and e-books/audiobooks ( AT.40652). The Commission has now closed its broader case in AT.40716 after Apple was designated a gatekeeper for its App Store under the...
Mergers The Commission formally gave approval: the purchase of joint control of SER Global Holding Gmb H by TA Associates Management L. P and The Carlyle Group Inc ( M.11550) after a phase I investigation—see more in Midday Express the purchase of sole control of Global Infrastructure Management, LLC by Black Rock, Inc ( M.11467) after a phase I......
Private actions CAT rules NHS not time-barred regarding damages actions against drug manufactures involved in citalopram ‘pay for delay’ cartel The CAT determined that the NHS’s private damages claims, as private actions against drug makers said to be involved in the citalopram ‘pay for delay’ cartel, were not time‑barred. In The Secretary for Health and Social Care & Others v Lundbeck LImited & Others, the CAT delivered a judgment addressing a preliminary limitation issue in proceedings transferred from the High Court, concerning alleged breaches of Articles 101 and 102 TFEU and/or Chapter I and/or Chapter II of the Competition Act 1998......
Antitrust AG issues opinion recommending competition authorities should not need prior approval to seize emails in announced inspections Advocate General Medina has delivered his opinion in Joined Cases C- 258/23 Imagens Médicas Integradas, C- 259/23 Synlabhealth II and C- 260/23 SIBS - Sociedade Gestora de Participações Sociais and Others, following a Portuguese reference. The referring court asked whether, among other points, Article 7 of the Charter of Fundamental Rights of the EU bars the seizure, in Article 101 TFEU investigations, of business material contained in e-mail exchanges between an undertaking’s managers and employees. Article 7 confirms everyone’s right to respect for private and family life, the home and communications. Proceedings brought before a Portuguese court alleged this right was violated when officials took employees’ work e-mails during inspections at company premises. It was further argued that the searches and seizures had not received...
In this issue: EU antitrust EU State aid Daily and weekly news alerts Lex Talk®Competition: a Lexis®Nexis community New and updated content Caselex EU antitrust Alchem receives SO concerning pharma cartel The European Commission ( Commission) has sent a statement of objections to Alchem for allegedly taking part in a cartel involving a key pharmaceutical substance— N‑ Butylbromide Scopolamine/ Hyoscine ( SNBB). SNBB is a crucial input used to manufacture the abdominal antispasmodic medicine Buscopan and its generic counterparts. The Commission suspects that Alchem may have coordinated pricing, apportioned quotes, and shared commercially sensitive information with other operators in this sector, contrary to Article 101 TFEU. It is noteworthy that, in October 2023, the Commission imposed €13.4m in fines on five companies after they acknowledged their role in the same cartel and opted to settle the matter. Alchem was not...
State aid General Court dismisses appeal regarding Commission’s decision finding Madeira Fee Zone tax scheme constituted unlawful State aid The General Court has handed down its ruling in Case T- 671/22, Vima World v Commission ( Zone franche de Madère), brought against the Commission’s approval of a Portuguese measure designed to support regional development in Madeira: the Maderia Free Zone scheme ( ZFM) ( SA.21259) (the Commission’s 2007 decision). The General Court dismissed the action, thereby confirming the Commission’s position. As context, the Commission authorised the ZFM scheme in June 2007......
Popular documents
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 ]...
Discover more from LexisNexis
