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PUBLIC LAW

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

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ARBITRATION

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...

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PRIVATE CLIENT

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 Sole traders, informal partnerships and outdated partnership deeds are common.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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NEWS

In this issue: Horizon scanning ESG and sustainability: employment concerns Status and worker classifications Immigration Recruitment Pay Protected characteristics Equality claims before the employment tribunal Maternity, parents and carers Working time and flexible working Data protection and employee information Employee obligations and restrictions on competition Employment Appeal Tribunal Scottish, Welsh and Northern Irish materials Dates for your diary Trackers New Q& As Employment resources on Lexis+® Lex Talk® Employment: a Lexis® Nexis community Daily and weekly news alerts Horizon scanning Key employment law changes— April 2025 The Lexis+® Employment team have assembled a round-up of the key employment law changes coming into force in April 2025......

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NEWS

Cole v Marlborough College (incorporated by Royal Charter) [2024] EWHC 3575 ( KB) What are the practical implications of this case? Although this was merely a case management hearing, the court reviewed earlier law (the Data Protection Act 1998), the current regime (the DPA 2018) and a prospective measure (the Data ( Use and Access) Bill) to identify the proper principles for assessing exemptions when dealing with DSARs. In this matter, the College’s position drew on X v The Transcription Agency LLP [2023] EWHC 1092 ( KB), asserting that, as a matter of principle, it was entitled to withhold documents from inspection. In X, the issue concerned whether the claimant should be given documents placed within closed bundles that were themselves being challenged. That issue arose because DPA 1998, s 15(2) contained an express rule permitting the court to examine documents holding the disputed...

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NEWS

The Commission issued a study exploring trends, hurdles and prospects in algorithmic management, released a year and a half after it was finalised in December 2023. Observers link this notable lag to internal manoeuvring after a change at the top and view it as part of a broader attempt to buy time. Political considerations The former European commissioner for employment, Nicolas Schmit, openly backed workplace AI legislation, winning wide backing from centre-left EU lawmakers. By contrast, the incoming social affairs commissioner, Roxana Mînzatu, has adopted a cautious stance and has not pledged a binding measure. The present legislative term tilts further to the right than the last, with deregulation prominent on the policymaking agenda. Even so, despite the Commission’s current drive to pare back rules, tabling a bill on an issue prized by progressive lawmakers could prove useful later in the mandate. As a result, the...

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NEWS

Employment lawyers warn that a raft of rights introduced by the new legislation will pile pressure on an already congested tribunal system, risking barriers to justice for workers seeking to uphold those rights, especially people unable to pay for representation. Caspar Glyn KC, of Cloisters and chair of the Employment Lawyers Association, noted that tribunals are struggling with their current workload and that volumes are poised to rise. In his view, the tribunals are not dealing with what they currently have, and further claims are imminent. The ERB, which brings in measures including a so‑called day one right to claim unfair dismissal, is forecast to lift the number of cases reaching employment tribunals by as much as 15%, according to impact assessments released in October 2024. Commentators fear this uplift will compound the existing backlog of 66,800 outstanding cases and make it harder for...

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NEWS

Press release: Sports broadcast and production companies fined £4 million in freelancer pay investigation BT and the British Broadcasting Corp have rolled out or refreshed competition law training for staff after the Competition and Markets Authority ( CMA) penalised them and three rivals in an unusual move to police labour practices. BT British Broadcasting Corp ITV IMG Sky At the same time, on 21 March 2025, the CMA closed an inconclusive investigation into seven film and television companies’ employment practices in non-sports broadcasting, saying it will instead flag concerns to the businesses under scrutiny. Alongside this, the regulator has pledged to refresh its 2023 guidance to help employers avoid anti-competitive labour conduct. According to DWF LLP partner Dimitris Sinaniotis, these steps point to limited awareness among recruiters and HR teams of how easily competition rules can be breached. He emphasised that training and compliance are what count; while not...

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NEWS

Soydag v St Anne's Catholic High School for Girls ( ET/3309325/2023) Employment Judge Sarah Matthews, in Soydag v St Anne's Catholic High School for Girls ( ET/3309325/2023), concluded that St Anne's Catholic High School for Girls did not discriminate against Gozen Soydag when it dismissed her for refusing to take down social media posts deemed 'incompatible with the school's mission statement and ethos'. The tribunal accepted it was entirely credible that headteacher Emma Loveland would not wish pupils to encounter that post linked to the person to whom they were expected to turn for pastoral support, and recorded that the video 'advocated for relationships of coercive control'. The judgment also noted that Soydag operated two widely followed Instagram pages, which she said offered guidance aimed to 'encourage, empower and equip women to be wives', as recorded......

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NEWS

In this issue: Horizon scanning Tax Prohibited conduct protection at work Diversity and gender pay gap Maternity, parents and carers Bribery, modern slavery, tax evasion and fraud Employment Tribunals Scottish, Welsh and Northern Irish materials Dates for your diary Trackers New Q& As Employment resources on Lexis+® Lex Talk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government responds to WEC report on miscarriage and bereavement leave The UK Government has issued its reply to the Women and Equalities Committee ( WEC) report urging statutory bereavement leave for pregnancy loss before 24 weeks. In its reply, the Government accepts that more should be done to support parents affected by losses before 24 weeks, and states that the WEC’s report was invaluable in drawing attention to both the emotional and...

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NEWS

Press release: Sports broadcast and production companies fined £4 million in freelancer pay investigation ITV, BT, international entertainment giant IMG and the British Broadcasting Corp have agreed to pay a combined £4.24m in penalties after confessing to unlawful exchanges of confidential information on fees paid to both camera operators and sound technicians, among other roles. Sky, which triggered the CMA inquiry by informing the authority of its own participation in the cartel, avoided any financial penalty. BT, ITV and IMG received reduced penalties because, once they learned of the investigation, they volunteered details of their involvement, the CMA said in a statement. Spokespeople for ITV and BT said on 21 March 2025 that they have improved their competition law compliance following the probe......

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NEWS

Purkiss (as liquidator of Ethos Solutions Ltd) v Kennedy and others [2025] EWCA Civ 268 What are the practical implications of this case? Insolvency office-holders confronted with disputed tax liabilities should scrutinise this ruling closely and consider the judgment carefully. In substance, it curtails the use of Insolvency Act 1986, section 423 proceedings against individuals who were attempting to reduce their tax burdens through avoidance. At paragraph [29], Lord Justice Newey observes that Parliament was unlikely to have intended section 423 to catch this form of “tax mitigation”, or to stretch that provision so far. Such mitigation, of the type identified by Lord Goff in Ensign Tankers, is not ordinarily regarded as improper within practice. As Lord Tomlin stated in IRC v Duke of Westminster [1936] AC 1 at 19, every person is entitled, if able, to arrange their affairs so that the tax payable under the...

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NEWS

UT dismisses IR35 appeal by Sky Sports pundit ( PD & MJ Ltd v HMRC) PD & MJ Ltd v HMRC [2025] UKUT 94 ( TCC). Mr Thompson featured for many years on Sky’s Soccer Saturday. Between 2013 and 2017, his work for Sky was delivered through the appellant company. HMRC concluded that the intermediaries rules in the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003), ss 48–61, governed the arrangements and therefore raised PAYE and NIC assessments on the company. The company appealed. The First-tier Tribunal ( FTT) rejected the appeal, applying the three-stage framework from HMRC v Atholl House Productions Ltd [2022] EWCA Civ 501. The company then appealed to the Upper Tribunal ( UT), alleging that the FTT committed errors of law at each stage. The UT started with stage one, namely construing the actual contract in place...

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NEWS

What are the implications of this development? At this stage, there are no immediate practical effects, but the proposals set out in the consultation flag the rule amendments that are expected to follow later this year. Should these suggestions be taken forward, they are not anticipated to alter prevailing practice to any great extent, although practitioners might: be asked more frequently to provide a draft case management order notice a shift in how an employment tribunal approaches a failure to lodge a reply to an employer’s contract claim What is the background? The TPC has previously consulted on re-making the rules and introducing a limited number of further urgent rule changes. The consultation response was issued on 22 November 2024 and the updated rules, the ET Rules 2024, SI 2024/1155, took effect on 6 January 2025. In its earlier consultation the TPC outlined its planned future...

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NEWS

Court and Tribunal Reform Programme FAQs Within the Court and Tribunal Reform Programme’s transformation agenda, HM Courts and Tribunals ( HMCTS) formally published an initial Frequently Asked Questions ( FAQs) official document publicly in April 2022 (see News Analysis: Employment tribunal reform project: HMCTS issues FAQ document). HMCTS has since shared a revised and expanded set of FAQs (see link above). The FAQs confirm the following: the Employment Tribunals initiative launched its minimum viable product ( MVP) in the Leeds and Glasgow offices in July 2022, expanding to Bristol and Nottingham in December 2022 as well A nationwide roll-out of all reformed services commenced in May 2024, initially starting with all London Tribunal offices......

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NEWS

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® Lex Talk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill ( ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is...

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NEWS

Which consultation does this Government response relate to? This Government response concerns the former administration’s ‘ Tackling non‑compliance in the umbrella company market’ consultation, issued in June 2023. It is not the first exercise of its kind; it follows a series of reviews in this space, including the ‘ Call for evidence on the umbrella company market’ published in November 2021. What are the conclusions reached following this consultation? The consultation response spans 75 pages and touches on numerous issues, but these broadly fall into two strands: employment rights and tax. In keeping with earlier consultations on the subject, the outcomes and forward recommendations contain no real surprises. While an outright prohibition on umbrella companies was a conceivable option, the government, acknowledging the role of compliant operators, has not proposed a ban. Instead, it intends to legislate for tighter oversight of umbrella companies and to tackle tax...

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NEWS

TUPE rules place rigorous duties and requirements on the transferor (the outgoing employer) and the transferee (the incoming employer). Our Employment Law & Benefits team outlines the core features of TUPE and offers practical guidance to support employers in remaining compliant. What you need to know the legislation regulating transfers of undertakings ( TUPE) is intricate and creates multiple duties for both transferor and transferee transferors and transferees are required to carry out a statutory information and consultation exercise with representatives of their own affected employees the transferee is legally bound to accept the current staff of the business, or part of it, that is transferred upon transfer, the transferee assumes the linked liabilities and employment responsibilities of the transferor dismissals connected to the transfer are prohibited, save where the ' ETO Defence'...

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NEWS

Andrew Hewston v OFSTED ( Office for Standards in Education, Children's Services and Skills) [2025] EWCA Civ 250 What are the practical implications of this judgment? In this ruling, the Court of Appeal, with Lord Justice Underhill delivering the lead judgment, confirmed the EAT’s finding that the claimant’s dismissal was unfair, where he neither understood nor could reasonably have been expected to understand that a single episode of conduct could lead to dismissal. The decision also restates the key principles employers should apply when dismissing for gross misconduct. Notably, the Court agreed with the EAT that, where the conduct on its own does not justify dismissal, it is not reasonable for an employer to elevate its gravity solely because the employee failed to demonstrate adequate contrition or insight. Underhill LJ made a comparable observation in the recent case of Higgs v Farmor at...

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NEWS

Employment Rights Bill— Stages What are the implications? This updated iteration of the Employment Rights Bill ( ERB) outlines the changes approved at the Report Stage in the House of Commons and is set to be examined by the House of Lords during its formal second reading there......

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NEWS

Connaughton v Greater Glasgow Health Board [2025] EAT 32. The EAT affirmed an employment tribunal’s decision that Dr Kevin Connaughton could not pursue claims against the health board because no relationship of employment existed, concluding that his position was unlike that of Uber drivers who secured notable workers’ rights. The EAT observed that the clear wording of domestic legislation did not support the interpretation advanced by the claimant. Connaughton, general practitioner, issued proceedings seeking compensation for periods he was absent between 2011 and 2020, together with payment for holiday that had accrued. The success of his case turned on whether he qualified as a worker, and the EAT has now confirmed the tribunal’s conclusion that he did not, and he could not recover sums sought in the claim......

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NEWS

A revised edition of the Employment Rights Bill ( ERB), including the amendments agreed at Report Stage on 11 and 12 March, has been posted on the Parliament website. The 310‑page Bill has moved on to the House of Lords, where it is set for its second reading on 27 March. Employment Rights Bill (as brought from the Commons) We will provide more detail on the Bill’s new provisions in a separate bulletin, and will update our Employment Rights Bill—tracker to mirror these changes as soon as possible......

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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