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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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According to an internal memo, EU capitals have challenged the Commission’s method for deferring the start of key obligations under the bloc’s AI rulebook. Their concerns focus on suggested postponement of the entry into application of core legal requirements. Previous month, Commission unveiled a bundle of tweaks to the EU AI Act—dubbed the digital omnibus on AI—which in turn would push back the moment when duties for providers of high‑risk AI systems begin to apply. This long‑anticipated hold‑up stems from setbacks in drafting the technical standards needed to operationalise the rules for companies, and from slow progress in setting up competent national authorities. Yet the Commission’s chosen route has prompted a series of pressing and urgent queries, signalling increased legal uncertainty for businesses......
On 19 November 2025, the European Commission unveiled its Digital Omnibus on AI Regulation Proposal, a package of targeted measures designed to smooth the practical rollout of the EU Artificial Intelligence Act ( AI Act). At its core sits a conditional deferral tool that permits high‑risk AI duties to be postponed until the requisite harmonised standards, common specifications and Commission guidance are in place. For Annex III high‑risk AI systems, obligations would start six months after a Commission decision confirming the availability of such standards or guidance. For Annex I systems, including those within the MDR and IVDR, obligations would commence 12 months after that decision. If no decision is issued, the long‑stop dates are 2 December 2027 for Annex III and 2 August 2028 for Annex I. Impact on MDR/ IVDR—regulated AI systems The proposal directly affects AI‑enabled medical devices and IVDs. Because AI systems covered by the MDR and...
In this issue: EU fundamentals Competition and state aid Data protection and cyber security Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT International trade Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals European Ombudsman concludes maladministration in Commission's preparation of omnibus proposals The European Ombudsman determined that the Commission engaged in maladministration owing to procedural flaws when drafting legislative proposals it labelled urgent. Investigations into corporate sustainability due diligence ( Omnibus I), the Common Agricultural Policy ( CAP), and efforts to combat migrant smuggling found the Commission fell short of its Better Regulation requirements. Shortcomings included failing to explain the urgency to the public, not recording derogations, compressing internal...
EU financial services developments EBA consults on prudential requirements for CSDs The EBA has launched a consultation on draft changes to the RTS covering prudential requirements for CSDs and designated credit institutions providing ‘banking-type ancillary services’. The proposals implement elements of the CSDR Refit, notably enabling banking CSDs to deliver such services to other CSDs. The RTS revisions address situations where a banking CSD offers cash accounts directly to participants of another CSD (the ‘designating CSD’) to settle payments in currencies other than that of the designating CSD’s home jurisdiction. The focus is on the limited effect of this set-up on the banking CSD’s risk profile. The EBA also plans updates to reflect recent amendments to the Capital Requirements Regulation and to align references with the revised CSDR. Responses are sought by 3 March 2026. A public hearing will take place on 12 January 2026 from 14:00 to...
Financial services developments CRAs: FCA publishes multi-firm review on rating committees The Financial Conduct Authority ( FCA) has issued a multi-firm review assessing the effectiveness and governance of rating committees within UK-registered credit rating agencies ( CRAs). It highlights sound practices and areas requiring enhancement across committee governance, the make-up and duties of members, committee operations, and the robustness of internal controls that manage conflicts of interest and safeguard the independence of credit ratings. The review does not set new expectations but helps firms interpret existing ones. UK-registered CRAs should consider the findings, review their rating committee procedures and practices, and confirm that internal control frameworks are effective. In line with the FCA’s 2024 portfolio letter, the FCA expects CRAs to sustain rigorous, end-to-end ratings processes. The FCA intends to continue engaging with firms to evaluate how well rating committee internal controls perform. It will also...
EU financial services developments ESMA to assess conflicts of interest in the distribution of financial instruments The European Securities and Markets Authority ( ESMA) has stated that in 2026 it plans to initiate a common supervisory action ( CSA) alongside the national competent authorities ( NCAs), targeting conflicts of interest within the distribution of financial instruments. This CSA will examine firms’ adherence to their Mi FID II duties to recognise, avert, and handle conflicts of interest when presenting investment products to retail clients......
Financial services developments FCA consults on ESG rating transparency and governance proposals The Financial Conduct Authority ( FCA) has released consultation paper CP25/34, ESG ratings: proposed approach to regulation, outlining measures intended to make environmental, social and governance ( ESG) ratings transparent, dependable and comparable. These plans stem from the government’s move to place ESG ratings within the FCA’s scope. Feedback is requested by 31 March 2026. FCA research indicates about half of users of ESG ratings have concerns about construction (55%) and the level of transparency (48%). To tackle this, the consultation concentrates on four themes: Greater transparency to support easier like-for-like assessment for both users of ratings and rated entities Stronger governance, systems and controls to secure clear decision-making, robust oversight and quality assurance Detecting and managing conflicts of interest Clear expectations around stakeholder engagement and complaints handling It also proposes how existing FCA...
EU financial services developments SRB announces planned consultations for 2026 The Single Resolution Board ( SRB) has issued its catalogue of consultations and industry requests for 2026. It details anticipated consultations, data calls and deliverables arising from EU legal instruments, the SRB Expectations for Banks ( Ef B), and the SRB’s continued pivot towards bank-led testing and resolvability reviews. A table of specific requests sets out every element that could potentially be sought from banks in 2026. Institutions have already been advised via their priority letters where any of these obligations apply to them individually. As a result, in most cases banks have received a requirements list that is slimmer and more targeted than the high-level overview in the table. Source: SRB publishes the list of consultations and requests to the industry for 2026. EU news and guidance are available in the EU Law...
In this issue: EU fundamentals Banking and finance Competition and state aid Data protection and cybersecurity Dispute resolution Financial services Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals Council and Parliament adopt EU budget for 2026 The Council of the EU together with the European Parliament have now approved the EU’s 2026 budget. Commitments are fixed at €192.8bn, while payments come to €190.1bn. A reserve of €715.7m remains below the spending ceilings of the current multiannual financial framework ( MFF), enabling the EU to react to unexpected events. This marks the sixth yearly budget within the 2021–27 MFF. See: LNB News 24/11/2025 32 and LNB News 26/11/2025 42. European Commission releases November 2025 infringement package The Commission has issued the November 2025 infringement package, outlining the EU Member States it is pursuing for failing to fulfil their obligations under EU law......
European Union Dual regulatory framework The MDR and IVDR set out requirements addressing risks linked to medical device software; yet they do not expressly cover risks unique to AI systems. The AIA complements the MDR/ IVDR by introducing obligations that target hazards and risks to health, safety, and fundamental rights that are specific to AI. This combined application obliges manufacturers to achieve compliance with both frameworks concurrently. Manufacturers of MDAI may choose, where appropriate, to incorporate the necessary testing and reporting activities, as well as the information and documentation required for their MDAI, into the documentation and procedures already established under the MDR/ IVDR. In practice, alongside the MDR/ IVDR and the AIA, numerous other EU regulations will often apply to these devices. With this in mind, streamlining and aligning the various processes is of paramount...
On 19 November 2025, the Commission unveiled its Digital Omnibus proposal. It comprises two principal strands: one delivering ‘quick fixes’ to pain points in Regulation ( EU) 2024/1689, the EU AI Act, and another, more intricate, amending the data acquis, most notably Regulation ( EU) 2016/679, the EU General Data Protection Regulation ( EU GDPR), Directive 2022/58/ EC, the e Privacy Directive, and Regulation ( EU) 2023/2854, the EU Data Act. The headline items are delays to the high-risk AI rules under the EU AI Act, and a fresh EU GDPR lawful basis of legitimate interest for processing personal data when developing or operating AI systems (with safeguards). There is much to absorb—just as we get to grips with the new regime, changes are proposed, some bound to be disputed while others will be seen as eminently sensible. Here we outline the key...
On 18 November, European Commissioner for Justice Michael Mc Grath said he had heard industry feedback and concluded the EU need not impose rules on third‑party funding. Instead, Europe would centre efforts on implementing EU legislation that brings in a pathway for consumer class actions throughout the bloc, rather than drafting further regulatory measures at present. He explained that, based on that input, the Commission would give priority to overseeing how the Representative Actions Directive is applied in consumer collective redress, speaking at the closing session of the EU’s high‑level forum on justice for growth. On 20 November 2025, Paul Kong, executive director of the International Legal Finance Association ( ILFA), welcomed Mc Grath’s unequivocal indication that regulation of third‑party litigation finance at EU level is not envisaged. He added that this seemed to shut down any discussion about fresh rules, which, in his view,...
Inteligo Media SA v Autoritatea Naţională De Supraveghere A Prelucrării Datelor Cu Caracter Personal, Case C-654/23, ECLI: EU: C:2025:871 What are the practical implications of this case? The ruling recalibrates direct marketing for digital platforms, notably those operating freemium offerings and similar user models. By construing ‘sale’ broadly in the e Privacy Directive, the Court of Justice permits reliance on the soft opt-in to send direct promotional messages to holders of seemingly free accounts, provided every condition is met. Practitioners should observe that, where Article 13(2) e Privacy governs, no additional legal basis under the EU GDPR is required, which on paper simplifies compliance workloads and removes a tier of regulatory complication. Yet this point is more doctrinal than operational, as it has long been commonly assumed that, when Article 13(2) applies, consent is typically unnecessary and processing is routinely grounded in Article 6(1)(f) EU GDPR...
In this edition EU fundamentals Commercial Competition and state aid Corporate Data protection and cybersecurity Dispute resolution Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals Council of the EU and Parliament agree on €192.8bn budget for 2026 The Council of the EU and the European Parliament have settled the EU’s 2026 budget, setting commitments at €192.8bn and payments at €190.1bn, equal to 1.00% and 0.99% of the Union’s gross national income. The plan focuses on competitiveness, defence preparedness, humanitarian support and migration management, while preserving room to react to unforeseen crises. Under the 2021–27 multiannual financial framework, €715.7m remains for unexpected costs, with funding...
In recent weeks there has been a surge of activity before both the Unified Patent Court ( UPC) and the national courts in the UK and Germany, arising from a dispute between Inter Digital and Amazon concerning digital streaming patents and FRAND (fair, reasonable and non-discriminatory) licence terms. For simplicity, this piece uses the label ‘ FRAND’, although the standards at issue technically refer to ‘ RAND’ (reasonable and non-discriminatory); in practice there is no distinction between them. At the close of September, the UPC’s Mannheim Local Division, alongside the German Munich Regional Court, granted Inter Digital, on a without notice basis, the first ‘anti-interim-licence’ injunction. That order triggered further steps in the English Patents Court, where Mr Justice Meade voiced serious reservations about the submissions advanced by Inter Digital to obtain the injunction, and later, in a further hearing (also on a...
Open AI said it is weighing its options after a German court held its models infringed copyright by retaining, memorising and reproducing song lyrics, a move that could potentially become a landmark for European creators challenging generative AI systems. The Munich Regional Court found the US company's AI had stored and echoed nine sets of lyrics by German artists contained within the repertoire of GEMA, the German music rights organisation that filed the claim in court (see here). An Open AI spokesperson said the company disagreed with the judgment and was reviewing its next steps and options, adding that it concerned only a narrow tranche of lyrics and would not affect the millions of people, businesses and developers in Germany who use its technology every day. GEMA said this marked the first instance in Europe where the use of...
HL Display v Black Sheep Retail Products In HL Display v Black Sheep Retail Products, the Hague local division ( LD) of the UPC invoked its long-arm jurisdiction in respect of infringement in particular of a European patent validated across a range of UPC, non- UPC and non- EU territories. HL Display issued infringement proceedings against Black Sheep, a Dutch company, concerning a mechanism that fixes shelf accessories to a shelf. The patent remains effective in multiple jurisdictions, including UPC contracting member states (for example the Netherlands, France and Germany), EU Member States outside the UPC (such as Ireland and Poland), non- EU Lugano contracting states (including Norway and Switzerland), and states outside both the UPC and EU (such as the UK and Liechtenstein). Black Sheep denied infringement and alleged the patent was invalid due to both added matter and an absence of...
In this issue: Commercial Competition Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission consults on evaluation of market surveillance regulation The European Commission has launched a consultation to assess and, if needed, update the Market Surveillance Regulation ( EU) 2019/1020. It aims to strengthen the operation of the single market by boosting compliance with EU product harmonisation rules, with any amendments scheduled for Commission adoption in Q3 2026. The consultation closes on 4 February 2026. See: LNB News 12/11/2025 22. Commission consults on New Legislative Framework revision The Commission’s Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs ( DG GROW H4) has opened a...
Early TM Screening Although pre-assessment checks have already been available within the EUIPO’s online filing forms, the new Early TM Screening consolidates them into a single, dedicated and user-friendly tool. As the office noted, this helps businesses and legal representatives prepare filings more quickly and with greater confidence. With some functions driven by artificial intelligence, the tool will immediately analyse a variety of potential issues, including possible conflicts with existing trade marks and domain......
This development follows the recent snapback of all nuclear‑related sanctions on Iran at UN level, after the United Nations Security Council declined to extend sanctions relief. The EU has revived its restrictive measures through six legal instruments. Four took effect on 29 September 2025: Council Decision ( CFSP) 2025/1978, Council Implementing Decision ( CFSP) 2025/1971, Council Implementing Regulation ( EU) 2025/1980 and Council Implementing Regulation ( EU) 2025/1982. The remaining two entered into force on 30 September 2025: Council Regulation ( EU) 2025/1975 and Council Decision ( CFSP) 2025/1972. Collectively, these acts reinstate measures previously adopted by the UN Security Council and transposed into EU law, alongside additional autonomous EU restrictions. These include targeted sanctions on named individuals and entities—travel bans, asset freezes and a bar on providing funds or other economic...
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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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