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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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EU financial services developments EBA publishes RTS on resolution plans and the functioning of resolution colleges The European Banking Authority ( EBA) has issued an updated final draft of its regulatory technical standards ( RTS) on resolution plans and on the functioning of resolution colleges, publishing a version of these RTS covering resolution planning and how resolution colleges function......
The ten statements are wide-ranging and address shared priorities for regulators in the fast-moving AI arena, yet taken together they show both agencies are receptive to AI, able to collaborate, and are getting ready for its broader application in drug research, clinical trials, manufacturing and monitoring, observers said. Industry consistently seeks greater predictability, noted Elizabeth Mulkey, a partner in the technology and life sciences groups at Goodwin Procter LLP, who added that the joint publication signals that regulators globally are aiming to approach the issue in a similar way. On 14 January 2016, the US Food and Drug Administration ( FDA) and the European Medicines Agency ( EMA) issued common principles, describing them as the bedrock for more detailed guidance that each jurisdiction will produce independently. The statements emphasise ethical use of AI, clear explanations of what the technology does and for what...
Telecom operators and other priority sectors such as cloud service providers, medical device manufacturers and chipmakers According to an EU proposal unveiled on 20 January 2026, telecoms, alongside key industries including cloud providers, makers of medical devices and semiconductor firms, will be subject to mandatory measures to separate their supply chains from high-risk suppliers. The updated Cybersecurity Act ( CSA 2) sets out a mechanism enabling critical entities to bar from their IT supply lines any vendors tied to hostile states — for example China’s Huawei — to avert espionage threats, hidden kill-switches and harmful strategic reliance. Since 2020, the European Commission has urged Member States to phase out lower-cost equipment suppliers like Huawei and ZTE from next-generation mobile networks through a voluntary instrument dubbed the 5G toolbox. However, the Commission’s top brass, including Executive Vice- President Henna Virkkunen, became...
Verein für Konsumenteninformation v Koninklijke Luchtvaart Maatschappij NV., Case C-45/24, ECLI: EU: C:2026:2 What are the practical implications of this case? Up to now, airlines have typically maintained that when a ticket is refunded owing to a cancellation or a delay exceeding five hours, any commission levied by an intermediary, such as a travel agent at the time of booking, falls outside the reimbursable sum. Carriers generally do not know the commission figure and do not receive it as part of the fare revenue. Such commission is usually neither disclosed to the airline nor remitted with the ticket proceeds. This judgment confirms that, where a carrier is obliged to return the ticket price following a cancellation (or a long delay beyond five hours), the repayment must also cover the intermediary’s commission, even if the carrier does not know the amount involved. That position holds...
In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Financial services Environment Insurance and reinsurance IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals Cyprus Presidency of Council of the EU publishes presidency programme The Cyprus Presidency of the Council of the EU has unveiled its programme for 1 January to 30 June 2026, detailing priorities and direction under the banner ‘ An Autonomous Union. Open to the World.’ The presidency’s objective is to fortify the EU’s strategic autonomy and internal cohesion amid rising geopolitical volatility and a more complex global setting, enabling the Union to co‑operate with international partners where feasible while retaining the ability to act independently when required. See: LNB News 15/01/2026 23......
EU financial services developments ECB and ESRB publish report on financial stability risks from geoeconomic fragmentation The European Central Bank ( ECB) and the European Systemic Risk Board ( ESRB) have released a joint analysis exploring how escalating geopolitical tensions and greater uncertainty may influence financial stability within the euro area and wider EU. It sets out the principal transmission channels through which such geopolitical disturbances can spread into the financial sector. The study also highlights that these shocks, alongside policy ambiguity, typically correspond with tighter financial conditions, persistent market strain, higher risk premia, and slower loan growth......
The Practice Note outlines the impact of EU financial sanctions—especially asset-freezing measures—on operations and compliance duties of banks, payment service providers and other financial institutions, covering sanctions screening processes and controls over transactions......
The Court of Justice The Court of Justice stated that EU rules do not bar Member States from obliging retailers of storage media to pay equitable remuneration to copyright holders. That position applies even when those retailers supply devices to commercial customers, the court noted. However, the Court of Justice also indicated that retailers may avoid such levies by proving that private users will not obtain a device to copy protected material for purposes that are neither directly nor indirectly commercial. Retailers could further demonstrate that any use would be solely at a level regarded as causing no more than minimal harm to right-holders......
The General Court held that Lego A/ S’s EU-registered design for the 2x1 clip block lacked 'individual character', and therefore did not merit any design protection. In March 2021, Guangdong Qman Toys Industry Co. Ltd formally petitioned the EUIPO to invalidate the Lego design, contending it failed to create a distinct 'overall impression' when compared with the 1x1 clip block, another Lego piece. In November 2022, the EUIPO’s Invalidity Division backed Quandong Qman Toys and annulled the design. Lego appealed thereafter, challenging it......
EU financial services developments Commission seeks views on ESMA’s fees and penalties for ESG ratings providers The European Commission is inviting comments on two draft delegated regulations that complement the ESG Ratings Regulation ( EU) 2024/3005. The first details ESMA’s proposed supervisory fees for environmental, social and governance ( ESG) rating providers, specifying the categories of fees, what they cover, the amounts, the reasons they are levied, and how they must be paid. The second sets out the procedure for ESMA to impose fines and periodic penalty payments on ESG rating providers. Submissions on both texts are requested by 13 February 2026. The Commission notes that EU rules on ESG rating activities seek to provide a common approach that enhances integrity, transparency, comparability, responsibility, reliability, good governance and independence......
EU financial services developments ESMA and EIOPA delegate power to their chairs to adopt DORA Q& As The Boards of Supervisors ( Bo S) at the European Insurance and Occupational Pensions Authority ( EIOPA) and the European Securities and Markets Authority ( ESMA) have handed their chairs authority to issue Q& As under the Digital Operational Resilience Act ( DORA). DORA came into force in January 2023 and has applied since January 2025. According to the regulators, the usual approval process for these responses imposes an administrative load on staff and Bo S members. In view of the large volume of uncontentious replies already issued to eligible queries, and the expectation that this stream will increase for DORA matters, they consider it preferable to entrust chairs with adopting uncontentious answers to eligible...
EU financial services developments Commission seeks views on venture and growth capital funds reform under SIU strategy The European Commission invites stakeholders’ input on the challenges confronting EU venture and growth capital funds, and on potential actions to resolve these obstacles effectively. Accordingly, the Commission has launched two separate consultations: a targeted exercise addressing core stakeholders, including fund managers, businesses, institutional investors, as well as public authorities and supervisors, and a public consultation. Submissions for both are requested by 12 March 2026......
In this issue EU fundamentals Competition and state aid Data protection and cybersecurity Financial services Energy Environment Insurance and reinsurance Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals EU Law—key developments in 2025 and horizon scanning for 2026 This News Analysis distils the principal EU developments from 2025 and highlights what is expected in 2026. See News Analysis: EU Law—key developments in 2025 and horizon scanning for 2026. Competition and state aid Antitrust— Google and Alphabet v Commission An application for annulment has been submitted to the General Court in Case T-794/25, Google and Alphabet v Commission, contesting the Commission’s prohibition decision on Adtech and data-related practices (abuse of dominance) ( AT.40670), under Article 102 TFEU and Article 54 of the EEA...
EU financial services developments UK authorities sign Mo U with ESAs on oversight of critical ICT third parties The three European Supervisory Authorities—the European Banking Authority, the European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority (together, the ESAs)—have entered into a memorandum of understanding ( Mo U) with the Bank of England ( Bo E), the Prudential Regulation Authority ( PRA) and the Financial Conduct Authority ( FCA). The arrangement is intended to deepen co-operation among these bodies for the oversight of critical information and communication technology ( ICT) third-party service providers ( CTPPs) pursuant to the EU’s Digital Operational Resilience Act ( DORA) and the UK regime for critical third parties ( CTPs). According to the signatories, the Mo U sets out clear principles and procedures for co-operation, information sharing and co-ordination of oversight activities between the...
Introduction EU Law analysis: This News Analysis provides a round-up of key developments in the EU during 2025 and looks ahead to what is coming up in 2026 across the EU. For further details of significant developments relevant to EU Law, see: Trackers and horizon scanning ( EU Law)—overview. Further updates and analysis are available via our current awareness alerts and highlights. Go to ‘ Create Alert’ on your ‘ Alerts’ tab and amend your personal settings to subscribe for updates. EU fundamentals What were the key developments in 2025? European Commission 2026 Work Programme On 21 October 2025, the Commission has adopted its 2026 Work Programme, setting out a new plan for Europe’s sustainable prosperity, competitiveness and resilience. Building on its previous efforts under the 2024–2029 Political Guidelines, the 2026 Work Programme aims to strengthen Europe’s technological autonomy, energy security and social cohesion, while driving...
EU financial services developments ESMA publishes principles for risk-based supervision The European Securities and Markets Authority ( ESMA) has set out its principles for risk-based supervision, defining core concepts and foundational elements for use by ESMA and national competent authorities ( NCAs). These principles establish a structured method to identify, assess, prioritise and tackle risks, underpinning a supervisory approach that is consistent, proportionate and effective across the EU. ESMA emphasises that risk-based supervision anchors oversight of EU securities markets, enabling regulators to target the risks that most threaten investor protection, financial stability and orderly markets. It is also a flagship ESMA initiative supporting the simplification and burden reduction agenda by strengthening supervisory efficiency and value. Sources: Principles for risk-based supervision: a critical pillar for ESMA’s simplification and burden reduction efforts Principles on risk-based supervision EBA issues RTS on co-operation and colleges of...
EU financial services developments ESAs publish guidelines on integrating ESG risks into stress testing The three European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority — ESAs) have issued joint guidelines to national insurance and banking supervisors on embedding environmental, social and governance ( ESG) risks within supervisory stress-testing exercises......
GXD‑ Bio lost UPC infringement case against Myriad Genetics GXD‑ Bio, a South Korean biotech, saw its Unified Patent Court infringement bid against Myriad Genetics and its European affiliates fail, after the court struck down the breast cancer testing patent and rejected the infringement allegations. In a ruling issued by the Munich Local Division on 19 December, the patent—directed to a method for analysing gene expression data in breast cancer tissue samples—was found to include added subject‑matter and could not be upheld, even in amended guise. Relying on the UPC’s established approach to construing claims and assessing added matter, the court underlined that patent claims must not extend beyond what a skilled person would derive directly and unambiguously from the original application......
In this issue: EU fundamentals Competition and state aid Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals EU institutions sign Joint Declaration on legislative priorities for 2026 The Presidents of the European Parliament, the Council of the EU and the European Commission have put their signatures to a Joint Declaration that defines the Union’s law‑making priorities for 2026. It sets out ten headline themes, spanning actions to enhance competitiveness and resilience, drive regulatory simplification, bolster defence and security, protect democratic processes, manage migration, and push forward talks on the forthcoming Multiannual Financial Framework. The institutions agree to give these files precedence throughout 2026 and to review progress...
Deity Shoes, SL v Mundorama Confort, S., Stay Design, SL, Case C‑323/24 What are the practical implications of this case? The Court of Justice’s ruling brings helpful certainty for businesses and practitioners in the design law sphere. EU design protection does not hinge on originality. Fashion trends do not curtail the designer’s freedom in a manner that lowers the protection threshold. The doctrine of inverse proportionality applies solely where genuine (ie, technical) constraints are present. Products assembled from existing components or supplier catalogues can be protected if the resulting design is new and leaves a different overall impression on the informed user. No need exists to show a creative leap or copyright‑style originality. A reduced threshold for individual character arises only where real constraints are established. In fashion‑led sectors, trends do not count as limiting factors, so the bar for...
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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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