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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Foreign Subsidies Regulation Commission carries first unannounced inspections under the Foreign Subsidies Regulation in the security equipment sector The Commission has stated it is carrying out surprise inspections at the premises of a company engaged in the manufacture and sale of security equipment within the European Union. These checks are being undertaken under its authority to initiate own-initiative reviews and by relying on its investigative powers pursuant to Articles 9 and 14 of Regulation ( EU) 2022/2560 on foreign subsidies distorting the internal market (the Foreign Subsidies Regulation). This concerns the security equipment sector and is the Commission’s first such action undertaken......
Mergers The Commission approved: the establishment of a joint venture by EVO Payments International Gmb H and Commerzbank AG ( M.11462), following a phase I review—see further, Midday Express the purchase of joint control of Portland Natural Gas Transmission System by Morgan Stanley Infrastructure, Inc. ......
Antitrust High Court upholds CMA’s judicial review against CAT’s ruling on search warrants at domestic premises; High Court confirms the CMA’s right to raid domestic premises In R ( CMA) v CAT, the High Court delivered judgment on the CMA’s application for judicial review of the CAT’s 12 October 2023 decision, which had refused to issue a warrant authorising entry and search of domestic premises for the purposes of an investigation under section 25 of the Competition Act 1998 (the CAT’s 2023 ruling). For background, that 2023 decision did, however, grant three warrants to search business premises in relation to an investigation into suspected anti‑competitive conduct in the supply of construction chemical admixtures. The CAT held that the mere existence of a suspected clandestine cartel was enough to infer a likelihood of document destruction at business locations, whereas, for residential premises, further evidence...
Mergers The CMA has issued the full text of its phase 1 ruling concerning its inquiry into the completed purchase of Lloyds Direct by Pharmacy2U—see further, decision. NOTE— For details of all current mergers before the CMA, see further, UK mergers—ongoing cases tracker. Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
Antitrust Commission invites comments on proposed commitments offered by Vifor in Article 102 TFEU investigation The Commission has begun a market test of Vifor’s proposed commitments connected to an investigation under Article 102 TFEU. For context, on 20 June 2022, the Commission initiated a formal antitrust inquiry to determine whether Vifor had constrained competition by unlawfully denigrating its nearest European rival in the market for intravenous iron therapy, Pharmacosmos, specifically in respect of its product, Monofer. On 8 April 2024, the Commission set out a preliminary view that Vifor held a dominant position across several national markets for intravenous iron medicines and may have misused that dominance at that stage through its allegedly unlawful disparagement......
Antitrust Court of Justice issues judgment concerning national reference from the Czech Republic regarding dispute against Google over damages claim time The Court of Justice has delivered its ruling in Case C‑605/21, Heureka Group ( Comparateurs de prix en ligne), following a request for a preliminary ruling from the Czech Republic. That request sought guidance on the interpretation of Directive 2014/104 (the Damages Directive) in relation to a compensation claim brought against Google for an alleged abuse of Article 102 TFEU, as identified in the Commission’s decision of 27 June 2017 in Google Search ( Shopping) ( AT.39740). For context, Heureka Group ( HG) is a Czech company operating a sales price comparison portal. It asserts that Google’s search engine systematically promoted, on its general search results pages, Google’s own price comparison service. As a consequence, HG’s site was consulted less often....
NSI Government publishes responses to the NSI call for evidence The Cabinet Office has released the outcome of its call for evidence, launched on 13 November 2023, regarding the National Security and Investment Act 2021 ( NSI Act), which invited views on how the national security and investment regime can be made more business friendly whilst maintaining and sharpening the protections needed to safeguard national security. In light of the feedback, the government will concentrate on five areas between now and autumn 2004: Publishing in May 2024 an updated statement on how the Secretary of State expects to exercise the call-in power ( Section 3 Statement), to help stakeholders better understand what the government is seeking to protect and the factors the Secretary of State expects to consider when exercising the call-in power. The government is not considering a fast track process for certain types of...
In this issue: UK mergers UK antitrust UK private actions UK competition policy UK market studies EU state aid Russia’s war against Ukraine Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK mergers Spreadex/ Sporting Index referred to phase 2 The CMA has referred to phase 2 the completed purchase by Spreadex Limited ( Spreadex) of the business-to-consumer ( B2C) operation of Sporting Index Limited ( Sporting Index). Both businesses offer UK customers online fixed-odds betting and online sports spread betting, while Spreadex also provides financial spread betting and casino betting. On 11 April 2024, the CMA confirmed the deal met the threshold for an in-depth investigation. During phase 1, the authority concluded the merger gives rise to an SLC owing to horizontal unilateral effects in the UK supply of...
Mergers Spreadex/ Sporting Index referred to phase 2 The CMA has referred to phase 2 the completed purchase by Spreadex Limited ( Spreadex) of the business-to-consumer ( B2C) arm of Sporting Index Limited ( Sporting Index). Spreadex and Sporting Index both deliver online fixed odds betting and online sports spread betting services to customers in the UK. Spreadex is additionally involved in financial spread betting as well as casino betting......
State aid General Court dismisses appeal regarding Commission’s decision on Sweden’s decision to introduce a risk tax on large credit institutions The General Court delivered its judgment in Case T-112/22, Svenska Bankföreningen and Länsförsäkringar Bank v Commission, concerning a challenge to the Commission’s 2021 decision. That decision held that Sweden’s proposal to introduce a risk tax on large credit institutions did not constitute State aid, since it would not confer a selective advantage on entities to which the tax would not apply ( SA.56348). In line with that assessment, the General Court dismissed the appeal. The Swedish regime imposes a tax on large credit institutions, namely those with liabilities exceeding SEK150,000m. The purpose of the levy is to reinforce public finances and create capacity to deal with future financial crises by requiring payment from major credit institutions, whose failure or serious...
Mergers The Commission has approved: the takeover of exclusive control of Capri Holdings Limited by Tapestry Inc, following a phase I review—see further, Midday Express the purchase of joint control of Regetta Laser Holdings, LLC and its subsidiaries by The Carlyle Group Inc and GTCR LLC, following a phase I review—see further, Midday Express The Commission has received notifications regarding: Abu Dhabi Future Energy Company/ MUFG/ Terra- Gen Power Holdings II ( M.11529) (simplified merger procedure) Britannic Strategies / GETEC ENERGIE ( M.11498) (simplified merger procedure) Note— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker......
Antitrust CMA publishes technical update report regarding AI Foundation Models The CMA has issued a technical update on artificial intelligence ( AI) foundation models, complementing its 11 April 2024 paper from the initial inquiry into competition and consumer protection matters linked to the development and use of these models. In the March 2023 White Paper on AI regulation, the government asked regulators, including the CMA, to consider how innovative AI creation and deployment could be enabled. The CMA began its review in May 2023 and, by September 2023, released a report summarising the outcomes of that first stage......
Market Standards Trend Report— Trends in UK public M& A in Q1 2024 Background and approach Market Standards has undertaken analysis to identify prevailing patterns in UK public M& A. This update draws on the Market Standards transaction data analysis tool, which enables users to access, analyse and compare the distinctive features of numerous corporate transactions. It follows our Market Standards Trend Report— Trends in UK public M& A in 2023, in which we assessed firm and possible offers announced in 2023. For this iteration, we reviewed activity from 1 January 2024 to 31 March 2024 ( Q1 2024). While we have set these findings alongside the preceding quarter (1 October 2023 to 31 December 2023) and the equivalent period in 2023 (1 January 2023 to 31 March 2023), firm conclusions will only be possible once the 2024 full-year trend report is...
Market studies Secretary of State for Energy Security and Net Zero calls for CMA to review competition in the home heating market The CMA has published correspondence with the Secretary of State for Energy Security and Net Zero, Claire Coutinho MP, following her request that the authority examine competition in the home heating market. In March 2024, the Secretary of State wrote to the CMA, highlighting concerns that recent pricing for gas boiler appliances by certain manufacturers with significant market power suggests the market may not be operating as effectively as it should. While recognising the CMA’s independence and the need to prioritise its work, she urged the authority to give serious consideration to commencing a review into how competition functions in the home heating appliance sector. The purpose would be to determine whether weaknesses in competition are keeping prices above levels expected in a...
Mergers The Commission approved the takeover giving exclusive control of Gimv by Workx Invest NV ( M.11450) following a phase I review—see further Midday Express. The Commission was notified of Hydro Energi/ Miracl/ Rein JV ( M.11388) under the simplified merger procedure. Note— For all live merger investigations before the Commission, see further the EU mergers—ongoing cases tracker......
Russia’s war against Ukraine Commission consults Member States on a limited prolongation of the State aid Temporary Crisis and Transition Framework to further support the agricultural sector The Commission has shared with Member States, for consultation, a draft proposal to extend for a limited period the State aid Temporary Crisis and Transition Framework ( TCTF), so that assistance for the primary agricultural sector can continue amid ongoing market disruption. In March 2023, the Commission adopted the TCTF. The TCTF aims to back measures in sectors that are vital to accelerating the green transition and cutting fuel dependencies. It also revised and, in part, prolonged the Temporary Crisis Framework, which was first adopted in March 2022 to tackle the impact of the crisis in Ukraine......
Private actions CAT dismisses Sports Direct’s application for interim injunction regarding Newcastle United replica kit The CAT handed down its decision in Sports Direct.com Retail Limited v (1) Newcastle United Football Company Limited and (2) Newcastle United Limited, addressing Sports Direct’s request for an interim injunction compelling Newcastle United Football Club to supply it with replica kit for the 2024/25 season. Sports Direct maintained that the club was dominant in the provision of Newcastle replica kit and that declining to supply Sports Direct constituted an abuse of that dominance; in the alternative, it argued that exclusivity arrangements entered into with JD Sports were anti-competitive and therefore unlawful. It also contended that, without stock of the replica kit for the 2024/5 season, it would suffer loss that could not be adequately compensated in damages. The CAT examined whether Sports Direct had shown a ‘serious issue to be...
State aid AG issues opinion recommending Court of Justice should set aside the General Court’s judgment and annul the Commission’s decision regarding tax breaks granted by the UK to certain multinational groups between 2013 and 2018 Advocate General Medina has delivered his opinion in the appeals in the following Joined Cases, arising from the Commission’s 2019 decision and the General Court’s judgment. C-555/22 P United Kingdom v Commission C-556/22 P ITV v Commission and Others C-564/22 P LSEGH ( Luxembourg) and London Stock Exchange Group Holdings ( Italy) v Commission and Others The appeals contest the General Court’s judgment in Joined Cases T-363/19 and T-456/19, which dismissed an action for annulment against the Commission’s decision of 2 April 2019 ( SA.44896). In that decision, the Commission found that, during 2013–2018, the UK had provided unlawful State aid to certain multinational groups via tax...
Mergers Court of Appeal dismisses appeal regarding Cérélia/ Jus- Rol merger case The Court of Appeal has handed down its judgment in Cérélia Group Holdings SAS & Anor v CMA, arising from an appeal against the CAT’s ruling in Cérélia Group Holding SAS and Cérélia UK Limited v CMA. It unanimously upheld the outcome by dismissing the challenge to the CMA’s 20 January 2023 decision, which related to the CMA’s final report from its phase 2 probe into the completed purchase by Cérélia Group Holding SAS and Cérélia UK Limited (together, Cérélia) of specified assets connected to the UK and Ireland dough business ( Jus- Rol) of General Mill, Inc. The Court of Appeal dismissed the appeal unanimously. Cérélia and Jus- Rol both supply dough-to-bake items to grocery retailers in the UK. Jus- Rol is the leading brand in this space, covering products such as filo and...
Mergers The CMA has set out the administrative timetable for its phase 2 investigation into T& L Sugars/ Tereos—see the case page. For details of all live mergers before the CMA, refer to the UK mergers—ongoing cases tracker. Upcoming dates: for timings of forthcoming UK competition developments, see the UK Competition calendar......
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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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