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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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L1T FM Holdings UK Ltd and another v Chancellor of the Duchy of Lancaster [2024] EWHC 2963 ( Admin) What are the practical implications of this case? Although a challenge by way of judicial review to a government order under the NSIA 2021 can still succeed—for instance where there are especially serious or glaring procedural defects—the court has unequivocally and repeatedly signalled that it will not readily trespass upon ministerial judgement, including the selection of remedy. It is therefore, in practice, no surprise that the court endorsed the course taken by the government here and accepted the Secretary of State’s determination that the claimants should divest entirely their interest in Upp. The NSIA 2021 was framed to confer wide latitude on the government when identifying national security risks and deciding on appropriate measures to address them, and this ruling confirms that such an approach is...
R (on the application of Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport and Others [2024] EWCA Civ 1227 What are the practical implications of this case? The court’s principal focus was determining when, on a re-determination of a DCO, fairness calls for a further examination or a re-opening of the earlier examination. It held that the decisive enquiry is whether, considering the facts, the nature of the issues raised, and the statutory framework governing the decision-making process, extra procedural steps are required to secure fairness in the particular circumstances. Here, nothing justified appointing an independent expert to test the matters in dispute and report to the Secretary of State; accordingly, the re-determination was conducted in a manner that was procedurally proper and fair. The court also assessed the legal adequacy of ministerial briefings on which the Secretary of State relied when...
Governance MHCLG publishes English Devolution White Paper The Ministry of Housing, Communities and Local Government ( MHCLG) has released the English Devolution White Paper, ‘ Power and Partnership: Foundations for Growth’, setting out the government’s plan to widen and deepen devolution across England. Key proposals include universal coverage of Strategic Authorities; a new statutory Devolution Framework clarifying roles and responsibilities at each tier; Integrated Settlements for established mayoral authorities; and stronger development management powers for mayors covering housing, planning, transport and skills. These powers would include the ability to call in planning applications of strategic significance, alongside introducing a ‘ Mayoral Levy’ so that new developments contribute to the infrastructure they need. The policy paper also signals local government reorganisation and changes to funding and accountability. As part of the government’s ‘ Plan for Change’, it marks a clear direction towards...
The Paper outlines a number of perceived issues with how planning committees operate in England, which the government wishes to address. Among these are: numerous local schemes of delegation fail to set out clearly whether a planning application will be decided by committee or by a planning officer, creating uncertainty for developers excessive time is spent considering applications that comply with the local plan, or post-permission matters, particularly where the site is allocated and clear policy requirements exist in the local plan; this slows decisions on schemes already examined through the local plans process, wasting time and resources on occasion, applications are refused contrary to officer advice and are then overturned at appeal, delaying appropriate development and wasting time and resources at times, committee members lack sufficient understanding of planning law, leaving their decisions more open to being overturned on appeal To address these matters, the Paper puts forward three...
The Action Plan acknowledges that the present planning system is not advancing at the speed needed to meet the 2030 clean power target. Advice from the National Energy Systems Operator ( NESO) reportedly suggests that, although the pipeline holds sufficient projects across most technologies, turning that pipeline into delivery will demand much faster rates of planning and consenting decisions. Some barriers have already been eased — for example, the lifting of the de facto ban on onshore wind in England — yet the Action Plan makes plain that further action remains necessary. With this in mind, it commits to a comprehensive programme of planning reform, outlined below. Resourcing Government will equip bodies across the planning system with the tools they require, including the Planning Inspectorate ( PINS), statutory consultees, local planning authorities ( LPAs) and government consenting teams, by: broadening...
On 16 December 2024, the Ministry of Housing, Communities and Local Government released an English Devolution White Paper titled: ‘ Power and partnership: Foundations for growth’. It sets out plans to broaden and intensify devolution across England, giving mayors unparalleled powers and funding, while embedding them in the machinery of government. Why are the proposals being made? The overarching aim is to reset the relationship with local and regional government—empowering local leaders and Mayors to make the right calls for their communities, and working together to foster an inclusive economy, reform public services, and secure improved outcomes. The government also considers Mayors crucial to achieving its commitment to deliver 1.5m homes. What are the key housing and planning proposals? Strategic Authorities and Mayors are proposed to be supported with the following new powers: every area, whether or not it has a Strategic Authority, must prepare a...
R (on the application of RWU (by his litigation friend)) v Governing Body of A Academy [2024] EWHC 2828 ( Admin) What are the practical implications of this case? This judgment spotlights the vital need for rigorous, evidence-led exclusion decisions, requiring schools to record comprehensively and weigh all pertinent information, interventions and policies before deciding to exclude. It clarifies that GDPs are expected to conscientiously revisit their conclusions when fresh material comes to light or after IRP findings. The case also stresses the importance of recognising a pupil’s vulnerability to exploitation and the potential effect of exclusion on their welfare, while balancing the school’s duty to provide a safe, supportive environment for all students. Although minor slips should not overshadow the essence of a decision, schools can curb the risk of claims by strengthening procedures and avoiding errors that offer prospective Claimants grounds to...
What is the background to the revised NPPF? On 12 December 2024, the Government released an updated NPPF, together with its response to the July 2024 consultation on proposed amendments to the NPPF. In a written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy changes are needed to unlock land for 1.5 million homes and to provide the scale of infrastructure required to support growth. This publication follows an eight-week consultation held from July to September 2024 on revisions to the NPPF, which attracted over 10,000 responses. Measures taken forward include undoing the December 2023 reforms by the previous government, which had made the standard method’s outcome an ‘advisory starting point’ for setting housing requirements. Now, the NPPF again makes clear that LPAs should use a new standard method to assess housing need and to plan their...
Re an Application by Noeleen Mc Aleenon for Judicial Review ( Northern Ireland) [2024] UKSC 31 What are the practical implications of this case? The Supreme Court’s ruling, although grounded in Northern Ireland’s statutory scheme and enforcement arrangements, firmly confirms that the mere existence of alternative avenues does not, of itself, bar judicial review. Possible routes such as: a claim in nuisance, a private prosecution of the site’s occupier, or a complaint to the Local Government Ombudsman do not automatically preclude JR. Judicial review remains a public law right, and a public authority’s failure to act is properly subject to scrutiny by the courts. The ramifications reach beyond Northern Ireland. Crucially, whether a claimant ought to have proceeded against another party by a different cause of action is, as a matter of civil litigation principle, for the claimant to decide—both as to the form of claim and the party...
In this issue: Public procurement Governance Children's social care Healthcare Social care Social housing Daily and weekly news alerts New and updated content Public procurement Government updates on preparations for Procurement Act 2023 go-live in February 2025 The Cabinet Office has briefed stakeholders on progress to ensure the Procurement Act 2023 ( PA 2023) goes live on 24 February 2025. Reaffirming the government’s adherence to the timetable, the update highlights: the introduction of the draft Procurement Act 2023 ( Consequential and Other Amendments) Regulations 2025, which make the legislative amendments needed for go-live; ongoing work on the new National Procurement Policy Statement ( NPPS); and developments to the central digital platform together with testing of the enhanced Find a Tender Service ( FTS). Further guidance materials and templates have also been issued on covered...
Kimberly Moh & others v Rimal Properties Ltd; Dr James Kelly & others v Bostall Estates Ltd [2024] UKUT 324 ( LC) (18 October 2024) What are the practical implications of this case? This ruling delivers a clear, concise and practical recap of the approach to working out relevant time limits in practice, while also flagging a potential pitfall for the inattentive reader. Under section 41(2)(b) of the Housing and Planning Act 2016 ( HPA 2016), it was accepted that the window for applying for a rent repayment order strictly expires on the very day the application is lodged. The judge therefore had to carefully decide when the ‘period of 12 months ending’ on that date starts, so as to determine whether the statutory offence (under HA 2004, s 72) was committed within that timeframe. In her given reasons, the judge approved the general common law...
In this issue: Public procurement Governance Judicial review Children's social care Social care Social housing Healthcare Planning Pensions Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Public procurement Cabinet Office publishes new and updated Procurement Act 2023 guidance The Cabinet Office has released fresh guidance on the Procurement Act 2023 ( PA 2023) for the Plan phase, explaining the meaning of ‘covered procurement’. For the Define phase, it has revised guidance on Dynamic Markets (clarifying when the statutory duty to have regard to the NPPS applies) and on Frameworks (confirming the applicability of that duty). For the Procure phase, it has updated the Remedies guidance to flag provisions in the TCC protocol on service of procurement claims, and refreshed the Procurement Oversight guidance to reflect adjusted publication timings for further information concerning the PRU. The government has also issued Prompt payment policy guidance. See: LNB News 04/12/2024 48......
R (on the application of the Welsh Language Commissioner) v National Savings and Investments [2014] EWHC 488 ( Admin) What are the practical implications of this case? This was the first judicial review concerning the Welsh language and the first conducted in Welsh. Although the governing law has since been replaced, it has consequences for all Crown bodies that have adopted Welsh language schemes. As a Crown body, National Savings and Investments is subject to a less onerous statutory framework than a public authority. It was not obliged to adopt a Welsh language scheme, yet did so. The scheme’s terms were found to create a legitimate expectation that NS& I would undertake a consultation before deciding to revoke it. The case underscores that where a procedural benefit—such as consultation—is legitimately expected, that expectation must be taken into account when exercising implied statutory powers. Failure to do so...
In this issue: Public procurement Social housing Children's social care Governance Social care Healthcare Licensing Daily and weekly news alerts New and updated content Latest Q& As Public procurement Serious issue to be tried but damages an adequate remedy justifying lifting of automatic suspension ( RHH Ltd v OG Ltd) In Robert Heath Heating Ltd v Orbit Group Ltd [2024] EWHC 3039 ( TCC), the Technology and Construction Court considered a contested procurement dispute. It held the claimant had shown a serious, triable case, alleging infringements of the Public Contracts Regulations 2015 by the defendant during the procurement process. The judge determined that monetary compensation would be an adequate remedy should the claim succeed, and that it would sufficiently protect the claimant’s position. The court also acceded to the defendant’s application to lift the...
Backrgound Letter One forms part of one of Europe’s largest investment groups, whose portfolio features the Holland & Barratt health and well-being products retail chain. It was established and is owned by Russian oligarchs. In January 2021, Letter One bought Fibre One for £100m, and renamed it Upp. In December 2022, the then Secretary of State for Business, Energy and Industry, Grant Shapps, instructed One Letter to sell Upp. It was sold to Virgin Media O2 for under £144m, which Letter One said it had already invested by then......
In this issue: Public procurement Social housing Children's social care Social care Judicial Review Governance Planning Daily and weekly news alerts New and updated content Public procurement CCS announces procurement regulation changes and agreement extensions The Crown Commercial Service ( CCS) has outlined notable revisions to its procurement schedule and agreement models. The start date for the new procurement regime moves from 28 October 2024 to 24 February 2025. As a result, several procurements that had been earmarked for the new rules will now run under the Public Contract Regulations 2015 ( PCR 2015), SI 2015/102, including RM6361, RM6310, RM6353 and RM6360. A range of agreements have also been prolonged, with some extended by six months (eg RM6123, RM6168) and others by nine months (eg RM6100, RM1043.8). The Procurement Act 2023 will not apply...
R (on the application of Smallbrook) v Birmingham City Council (transcript) [2024] EWHC 2535 ( Admin) What are the practical implications of this case? One of the standout planning court battles of the past two years is Marks and Spencer’s High Court challenge over the proposed rebuild of its Marble Arch store on Oxford Street, Marks and Spencer Plc v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 4542 ( Admin). The significance of Smallbrook lies in adopting that ruling’s approach: supplementary planning documents do not form part of the statutory development plan and so are not local plan policies. The judgment also usefully restates several legal points: the weight attributed by a planning committee to material considerations arising from a proposal, and any alternatives, is a matter for the local authority’s planning judgement; the court will not replace it there is no...
In this issue: Children's social care Social housing Social care Education Healthcare Daily and weekly news alerts New and updated content Children's social care Court rules on Council’s age assessment in asylum seeker case ( R (on the application of LS) v Warrington Borough Council) In R (on the application of LS) v Warrington Borough Council, the court confirmed that, at the permission stage of an age assessment challenge, it should ask whether the material advanced sets out a factual case which, if taken at its highest, might succeed at a contested factual hearing. If that standard is met, permission should usually be granted. In this matter, the Claimant cleared the threshold for permission for judicial review. Although the original Claim Form did not expressly state the grounds, the court granted relief from sanctions and extended time so the...
Sky Kick UK Ltd and another ( Appellants) v Sky Ltd and others ( Respondents) [2024] UKSC 36 Background In this litigation, the respondents ( Sky) alleged that the appellants ( Sky Kick) had infringed five of their registered trade marks (collectively the ‘ SKY marks’) by using the sign Sky Kick, or slight variants of it, for their email and cloud storage products and services. Sky relied upon four EU trade marks and one UK trade mark as the foundation of the claim. The infringement allegations concerning the EU marks extended across the entire EU, while those relating to the UK mark were, by necessity, restricted to the UK. Sky Kick denied infringement and contested the validity of the SKY marks. Through four judgments, and following a reference to the Court of Justice of the European Union, the High Court determined that Sky had...
R (on the application of Friends of the Earth Ltd and others) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 ( Admin) What are the practical implications of this case? The court clarified the scope of the Secretary of State’s obligations under CCA 2008, s 58. A wide margin of discretion applies, creating a high hurdle for any legal challenge to a national adaptation programme ( NAP). The Secretary of State is not required to provide the level of granularity demanded for policies and proposals under CCA 2008, s 13; no fixed degree of specificity is mandated. While the Committee on Climate Change ( CCC)’s critiques formed part of the decision‑making context, they did not show that NAP3 rested on a legal error. Claimants whose homes face...
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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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