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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Investigating criminal conduct Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Fraud, forgery, tax and theft offences Financial services and pensions offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International Lex Talk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Comment— UK regulators help build trust in AI by using it themselves, but more will be needed Public confidence in artificial intelligence in the UK is faltering, with the government slow to legislate and anxieties about extreme misuse taking centre stage. Yet key regulators are leading by example, adopting AI in...
Questions from parliamentarians surfaced today after the UK’s Ofcom received a notably short roster of foreign counterparts for co‑operation formally announced under the new OSA 2023. Ministers offered assurances that additional nations will follow, and that such arrangements will lessen the burden for supervisors and those they regulate alike. The draft Online Safety ( List of Overseas Regulators) Regulations 2024 would expand Ofcom’s international co‑operation powers, enabling continuation within the framework of the Act. It authorises the regulator to share online safety information with overseas peers to support oversight online and assist criminal investigation efforts. However, the recognised equivalents presently comprise authorities from France, the Netherlands, Germany, Ireland and Australia, plus the European Commission, which is now assuming a direct online safety role via Regulation ( EU) 2022/2065, the EU Digital Services Act too......
Private prosecutions On 9 January 2024, work and pensions secretary Mel Stride told Sky News that the government is examining the use of private prosecutions. He emphasised that any business can bring such a case and that this is not 'a special dispensation' for the Post Office. At the same time, he noted that ministers are considering whether it is 'appropriate' for public or publicly owned bodies to hold that power. ' We will have to wait a bit longer to see what the conclusions of those deliberations are, but it is something that we are looking at', Stride said. The minister was not immediately available for further comment. Calls to overhaul the rules are mounting after a television dramatisation rekindled anger over the Post Office’s wrongful prosecutions, which relied on faulty IT data. The ITV mini-series, ' Mr. Bates vs the Post Office', is a...
Justice Secretary Alex Chalk branded the Horizon affair an ‘appalling miscarriage of justice’. Kevin Hollinrake, the minister responsible for postal services, said the ITV drama, ‘ Mr Bates vs the Post Office’, has only strengthened the government’s determination to see justice delivered as swiftly as possible. The mini-series offers a fictionalised portrayal of the ordeal faced by hundreds of branch managers who were unjustly prosecuted on the basis of the defective Horizon accounting system between 1999 and 2015. Addressing Parliament on the evening of 8 January 2024, Hollinrake explained that the government had ‘devised’ options to settle the remaining convictions, but that consultation with senior members of the judiciary was required before any announcement could be made. He stressed that it is vital “we get to the bottom of what went wrong, of who knew what, and when” to rebuild public...
On 5 January 2024, the Metropolitan Police confirmed in a statement that officers had launched a probe linked to the prosecution of hundreds of branch managers who were wrongly alleged to have stolen funds. Detectives say the prosecution is being examined for possible fraud offences, including 'monies recovered from sub-postmasters as a result of prosecutions or civil actions'. It remains uncertain whether the fraud inquiry is aimed at the Post Office as an entity or at particular people. The London force has already spoken to two people under caution as part of a case first opened in 2020. Police added that the investigation is looking at individuals associated with Fujitsu, the software developer, alongside the Post Office......
After a rocky period, the SFO secured a notable win by handing Glencore plc the UK’s biggest-ever penalty: a £183m fine ( US$231m), plus a £93.5m confiscation order, in November 2022. This stemmed from Glencore’s bribery conviction over payments by its West Africa desk to gain favourable access to oil. Outcomes for individuals are still uncertain; in November last year, the SFO pushed back its decision on bringing charges yet again—now slated for July 2024. The appointment of SFO Director Nick Ephgrave in September 2023 marks a fresh chapter for the office and an opportunity to reboot corporate enforcement. Ephgrave is the first non-lawyer to lead the agency. SFO priorities Early priorities include: Strengthening the SFO’s investigative capability Issuing updated enforcement guidance The UK can expect a more proactive SFO during his tenure. Since his arrival, three new probes have already been...
A seasoned ex-assistant commissioner at the Metropolitan Police in London took over from Lisa Osofsky as head of the SFO in September 2023, an unexpected pick, given he had not been publicly touted at all for the post. His early tenure has been energetic, launching multiple corporate inquiries, among them suspected fraud at aircraft parts supplier AOG Technics Ltd, plus cases concerning the failed law firm Axiom Ince and the funeral plan outfit Safe Hands Plans. The fraud boss rightly merits credit for initiating a string of fresh cases. Yet, as with his forerunner, Ephgrave will ultimately be truly measured by courtroom convictions and outcomes against major companies and their leaders. Starting files does not guarantee success, as the pre- Ephgrave collapse of high-profile corruption probes into Eurasian Natural Resources Corporation ( ENRC) and Rio Tinto clearly...
On 28 December 2023, the FCA reported that penalties arising from investigations carried out over the last year were lower than the £215.8m it had imposed in 2022. It added that almost 1,300 companies had their authorisation cancelled by the regulator between January 2023 and October 2023 for not meeting its minimum standards—twice the number of cancellations recorded the year before. “ The financial services sector is essential to the UK economy, and we remain dedicated to backing its contribution to long-term economic growth,” said Nikhil Rathi, the FCA’s chief executive. “ At the same time, our resolve to minimise and prevent harm is undiminished, and the launch of the Consumer Duty underlines this.” The FCA’s landmark duty framework came into force in July 2023 and demands good outcomes for consumers on products, such......
In 2023, the US Government stepped up its bid to persuade corporates that swiftly flagging internal misconduct is the wisest course—perhaps overly swift, some white-collar criminal defence practitioners argue. Early in the year, the US DOJ unveiled fresh guidance on the business use of ephemeral messaging platforms, mobile phones and other personal devices, yet knotty issues remain over what that policy will mean as 2024 approaches. The department also pressed on with its assault on the crypto sector, closing the year with a pair of headline-grabbing wins. What follows is an overview of how the US DOJ advanced its priorities, aims and enforcement activity through 2023, what it chose to emphasise, and what may lie ahead. It sets clear expectations for the year ahead. Self-disclosure A frontrunner for 2023’s white-collar buzzword is ‘self-disclosure’, as the US Government intensified its continuing campaign to nudge...
White-collar crime solicitors will also be watching for the opening of a trial featuring fraud and hacking allegations brought by an Iranian- American locked in litigation with a Middle Eastern emirate and its former solicitors at Dechert, together with a verdict in the SFO’s Saudi bribery case. Here, Law360 highlights those and other corporate crime cases to monitor in the year ahead. Glencore bribery charges After multiple postponements, the SFO faces mounting pressure to bring charges against individuals in the wake of commodities trader Glencore’s October 2022 conviction for a series of bribery offences tied to corrupt payments to African officials to secure preferential treatment in the award of oil contracts. The agency had targeted April 2023 to decide whether to charge 11 suspects under investigation, pushed that back to late 2023, and then deferred again because of the substantial volume of fresh material...
The Insolvency Service confirmed that Lee William Connor, 40, the sole director of Regal Coinage Ltd, was handed an 11 year ban for failing to deliver the rare coins which a customer had purchased. Connor was disqualified as a director on 30 August 2023 for 11 years, which stops him from becoming involved further......
According to the Crown Prosecution Service, Mohammed Shafiq, a former company director, was convicted at the Nottingham Crown Court of fraud by false representation, for his role in a property scheme in which he had fraudulently attempted to sell off a community centre......
Facts Jackie Maguire, aged 52, had Down’s syndrome, a moderate learning disability, and cyclothymic personality disorder. She had resided in the care home from 1993. On 22 February 2017, she tragically died due to pneumonia, a perforated gastric ulcer, and peritonitis. After hearing the inquest evidence, the coroner ruled that the enhanced procedural obligation under Article 2 ECHR was not engaged, so there was neither a requirement nor a power to instruct the jury to reach an expanded conclusion. The jury therefore returned a brief Jamieson-style finding of natural causes. Court of Appeal Hill Dickinson’s article ' R ( Muriel Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232' explains the Court of Appeal’s view that her ‘total dependence’ under Do LS was not equivalent to state detention. It further confirms that a series of individual mistakes by healthcare...
What are the key provisions of The Russia ( Sanctions) ( EU Exit) ( Amendment) ( No 3) Regulations 2023? The Russia ( Sanctions) ( EU Exit) ( Amendment) ( No 3) Regulations 2023, SI 2023/713, revise the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2009/855 (the Russia Regulations). Since September 2022, the UK has sought to sever Russia’s access to a range of professional services, and these latest steps reinforce the sanctions introduced over the past year. The updated trade measures prohibit any person from directly or indirectly supplying “legal advisory services” to a non- UK person where the advice relates to, or is connected with, conduct that would be prohibited by the Russia Regulations if carried out by a UK person or within the UK. In effect, UK lawyers are barred from advising Russian businesses on certain...
Snoozebox Ltd v Health and Safety Executive and another [2023] EWHC 851 ( Ch) What are the practical implications of this case? The immediate takeaway is that, where uncertainty exists, creditors should lodge a proof in a CVA upon receiving notice, or at the very least engage with the CVA nominees ahead of the vote. The central difficulty for the Crown— HSE being treated as its emanation—was its non-participation in the CVA. As its inquiries had not concluded at that stage, it is unsurprising the HSE did not regard the contingent liability as sufficiently concrete to justify taking part. Indeed, attempting to quantify a prospective fine before any inquest would appear counter-intuitive to most prosecutors. Set against that, the judgment underscores the expansive modern scope of provable contingent debts, particularly following Re Nortel Gmb H [2013] UKSC 52. The more...
The Information Commissioner’s Office ( ICO) imposed a £12.7m penalty on Tik Tok Information Technologies UK Limited and Tik Tok Inc ( Tik Tok) for violations of the UK’s General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR), including not handling children’s personal data lawfully. The ICO estimates in 2020 Tik Tok permitted up to 1.4m UK children under......
These additional rules will also sit alongside the usual obligation that promotions are transparent, fair, and not misleading. As the UK government set out its plans to bring crypto activities within the existing financial services regulation, it also said it would exempt crypto businesses, which are not currently authorised in the UK, from needing their adverts to be signed off by an authorised firm. The exemptions were introduced in response to industry concerns about the lack of......
Investigations & Enforcement Trends 2023—a perfect storm for regulatory enforcement Introduction Set against intensifying economic headwinds, geopolitical volatility and a continuing shift to a post-pandemic landscape, 2022 delivered a surge in UK regulatory activity across bodies such as the Financial Conduct Authority ( FCA), Prudential Regulatory Authority ( PRA) and Office of Financial Sanctions Implementation ( OFSI). The FCA handed down 26 fines in 2022 versus 10 in 2021, although the aggregate value declined from £567.7m in 2021 to £215.8m last year. The UK’s appetite to strengthen enforcement shows little sign of easing, with the FCA already issuing two fines this year. The authors accordingly foresee a testing year ahead as regulators further expand the scope and scale of their investigative reach. AML Systems and Controls As expected, robust action persisted in 2022, with the FCA levying its largest penalty of the...
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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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