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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Re D and another ( Fact- Finding: Research Literature) [2024] EWCA Civ 663, [2024] All ER ( D) 90 ( Jun) What are the practical implications of this case? This decision emphasises that, when making findings of fact, the court must evaluate the evidence as a whole. Judges should avoid placing disproportionate weight on medical research publications. The ruling further cautions against judges adopting an ‘expert’ mantle by conducting their own interpretation of scientific papers. It also highlights the particular challenges inherent in appraising medical material on the causation of intracranial haemorrhage. With the Suspected Inflicted Head Injury Service ( SIHIS) pilot being introduced within selected NHS Trusts, the case may prove significant in illustrating the continuing need for rigorous judicial scrutiny and the testing, through cross-examination, of multiple experts. Determinations should arise from synthesising all strands of material together...
Pan NOx Emissions Litigations [2024] EWHC 1728 ( KB) What are the practical implications of this case? The ruling distilled several central themes of costs management in extensive group proceedings, with potential read-across to other high-value disputes. It confirmed that, notwithstanding sizeable sums, the court will not allow an open chequebook approach to costs. Approach to agreed costs With the parties’ agreement, the court set budgets for items they had already settled. Strictly, that cut across CPR 3.15(1), which prevents judicial intervention in approved phases. The judges observed, however, that the court could instead decline approval entirely and require fresh budgets. Their course delivered the same practical result without direct interference. Proportionality The court stressed that every factor in CPR 44.3(5) feeds into the proportionality assessment, and it also underlined a separate test of reasonableness, namely costs ‘bearing some resemblance to the work reasonably required to properly, but...
Note: the CPRC has stopped distributing the supporting papers alongside the minutes, so this News Analysis does not include documents setting out the matters considered. A copy of the minutes can be accessed here: Minutes of the CPR meeting. Note: Although item 4 of the 10 May 2024 CPR Committee minutes ( Clinical negligence fixed recoverable costs) indicated time would be set aside at the June 2024 meeting to consider FRC proposals for sub-£25,000 clinical negligence claims, this topic did not appear in the June 2024 minutes. As it had been warned that failure to settle amendments at the June meeting might jeopardise the October 2024 commencement date, the scheme may now slip to the April 2025 CPR update cycle. Welcome, action log and matters arising (item 1) The 10 May 2024 minutes were approved and the action log noted—see News Analysis: Minutes of the CPR...
PI & Clinical Negligence weekly highlights—11 July 2024 In this issue: CPR updates Accidents abroad Road traffic accidents Costs Other PI & Clinical negligence news New and updated content Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Lexis Nexis® Webinars Daily and weekly news alerts Useful information CPR updates 170th Practice Direction update—in force 18 July 2024 The Master of the Rolls and the Parliamentary Under- Secretary of State for Justice have sanctioned the 170th Practice Direction update to the Civil Procedure Rules, which takes effect at 11am on 18 July 2024. The update amends CPR PD 51R ( Online Civil Money Claims Pilot) and CPR PD 51ZB ( Damages Claims Pilot) and prolongs both pilots until 1 October 2025 to enable further development and evaluation. It also permits the deployment of the ‘case...
Note: the CPRC has stopped sharing the underpinning papers alongside the minutes; accordingly, this News Analysis is not accompanied by documents elucidating the discussions. A copy of the minutes is available here: Minutes of the CPR Committee meeting. Welcome, action log and matters arising (item 1 and 2) The CPRC approved the minutes of its annual public meeting held on 12 April 2024—see News Analysis: Minutes of the CPR Committee meeting—12 April 2024. The following matters were discussed: Online Procedure Rule Committee ( OPRC)—although formally launched in November 2023, a statutory instrument defining the proceedings within which it may set rules still requires Parliamentary approval and is not expected to take effect until the autumn small claims track automatic referral to mediation pilot— CPR PD 51ZE commenced on 22 May 2024 within the 166th Practice Direction update. The pilot will route eligible civil money...
Some of the world’s largest carmakers now face actions from 1.5m drivers over alleged manipulation of emissions testing. Yet Judge Adam Constable, sitting with Senior Costs Judge Andrew Gordon- Saker, condemned the claimants’ legal spend as ‘staggering’ and ‘frankly absurd’. According to the ruling, the amounts advanced by both sides—especially by the claimants—bore no sensible relation to the work genuinely required if done efficiently and without duplication. The bench slashed the claimants’ projected costs from £208m to £52m, while the defendants’ budget was cut from £211m to £114m. A request for comment from the claimants’ representatives went unanswered. While the court accepted the scale and intricacy of proceedings against 16 major manufacturers, among them Mercedes, Ford and Nissan, it concluded that the work underway was laden with charges that could not properly be justified......
Practice Note: Litigation funding agreements—priorities agreements For summaries, consult the Practice Note on litigation funding agreements—priorities agreements......
Hermer to become chief legal adviser to Starmer’s government Currently serving as Matrix’s Head of Chambers, Hermer will succeed Victoria Prentis as the government’s chief legal adviser under Starmer. He offers 31 years at the Bar, specialising in human rights, public law and environmental law, with work spanning at home and abroad. As he is not an MP, he will be ennobled and take a seat in the House of Lords. Matrix Chambers marked the appointment with a congratulatory post on X, formerly Twitter. The chambers did not promptly respond to a late request for further comment on 5 July 2024. News of his selection prompted swift endorsements from fellow barristers as the announcement emerged. On X, Gerard Mc Dermott KC, who focuses on personal injury and employment matters, wrote that Hermer 'is the KC I admire the most' and said the decision 'shows a huge...
Mahmood steps into the role After serving nine months as shadow Justice Secretary from September to May, she now succeeds Alex Chalk, who failed to retain his seat. Known for legal reform campaigns — from tackling rogue landlords to pressing for cladding remediation in homes after the Grenfell Tower fire — she brings a strong track record. In her new brief, Mahmood will head the Ministry of Justice, setting direction and priorities for the UK’s judicial strategy and overseeing resourcing. A priority will be managing the operation and capacity of the country’s overcrowded courts and prisons. Birmingham-born, she read law at Lincoln College, University of Oxford, graduating in 2002. She entered Parliament at the 2010 election following a period at the bar, and has held her seat in Parliament ever since......
Labour’s manifesto offered scant detail on commercial disputes or the broader legal sector, bar proposals to expedite certain criminal cases through the courts at pace. And, in contrast to the Conservatives, Labour conspicuously omitted key legislative measures on arbitration and class actions from its manifesto entirely. Dispute resolution practitioners will look closely to see if Labour resumes the work started under the Conservative administration in this arena. Here, Law360 sets out what to anticipate from the new government under Prime Minister Keir Starmer now. Picking up the torch Lawyers and the litigation funding industry were left in limbo when a proposed bill drafted to reverse the effects of the 2023 Supreme Court decision, known as PACCAR, was not taken forward in the ‘wash-up’ period before Parliament was formally dissolved. The bill, which had received a second reading in the upper House of Lords, was...
In this issue: Road traffic accidents Psychiatric injury Public authorities and the state Case management Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Useful information Road traffic accidents Liability established in serious road traffic accident claim involving four vehicles The King’s Bench Division in Doughty v Kazmierski [2024] EWHC 1393 ( KB) held that liability was established in the claimant’s claim for damages for serious personal injury arising from a road traffic collision. The incident involved a chain of impacts across four vehicles. The claimant, riding a motorcycle, collided with the rear of a Vauxhall Zafira (the Zafira) driven by the defendant ( K). The front of the Zafira then struck a Volkswagen Polo (the Polo), which in turn hit the central reservation. The events also resulted in damage to a...
Practice Note: Litigation funding agreements—dispute resolution Refer to the Practice Note for overviews of the funding...
PI & Clinical Negligence weekly highlights—27 June 2024 In this issue: Clinical negligence Case management High court decides on consequential matters in claim involving injury sustained during rugby match Other PI and clinical negligence news Daily and weekly news alerts Useful information Clinical negligence Minor’s claim for damages for negligent management during labour and delivery dismissed In LN (a child, by his litigation friend, MC) v Blackpool Teaching Hospitals NHS Foundation Trust [2024] EWHC 1478 ( KB), the King’s Bench Division rejected the child claimant’s action seeking compensation for personal injuries and consequential losses said to have resulted from the negligent handling of his mother’s labour and birth by the defendant NHS Trust. A post‑natal chest X‑ray demonstrated a large right‑sided tension pneumothorax with mediastinal shift. By the time of the proceedings, the medical experts were agreed that the claimant showed...
Stellantis Auto SAS & others v Autoliv AB & others [2024] EWCA Civ 609 What are the practical implications of this case? Although earlier authorities have addressed the appointment of a single joint expert between opponents, there has, until now, been little examination of when the court may require parties on the same side to share such an expert. This decision provides valuable guidance, clarifying the approach to be taken in that scenario. The court confirmed that, in determining whether a single joint expert is appropriate, two core factors will be paramount: first, the imperative to manage proceedings justly and proportionately in accordance with the overriding objective; and second, the obligation to limit expert testimony to what is reasonably necessary for resolving the claim. Perhaps most noteworthy for...
Harrison v Cameron and another company [2024] EWHC 1377 ( KB) What are the practical implications of this case? This judgment provides helpful clarification for data controllers on handling DSARs. It also confirms that company directors, when acting in that role and processing data for their company, are not controllers; the controller is the company alone. Article 15(1)(c) of the UK GDPR The decision carries important implications for the reading of Article 15(1)(c). It confirms controllers must disclose the identities of personal data recipients, not merely categories, unless an exception applies (ie identification is impossible, or the request is manifestly unfounded or excessive). Organisations may wish to revise internal procedures so the default is to provide identities rather than categories. More broadly, documentation and records should be reviewed and kept up to date to record recipient identities, so this information can be easily provided if...
Giuseppe Abbamonte, who heads media policy at the Commission, noted that the EU’s executive has been locked in ‘endless’ talks with rights holders over whether European copyright rules function effectively in reality when applied to generative AI tools such as Open AI’s Chat GPT and Google’s Gemini. Opt-out protocol Under Directive ( EU) 2019/790—the EU Digital Single Market Copyright Directive, known as the EU DSM Copyright Directive—there is a text and data mining exception that permits content owners to ‘opt out’ of scraping of online material by a reservation of rights. However, implementing it in practice is proving difficult today. ‘ The primary hurdle is the absence of a recognised, machine‑readable opt‑out protocol—there is no standardised method to state a reservation of rights,’ Abbamonte observed at the AI and Copyright: policy, challenges and perspectives, Digital Constitutionalism & Policy on 20 June...
Replacement of an expert witness following impermissible interference by solicitors ( Glover and another v Fluid Structural Engineers & Technical Designers Ltd and others) Glover and another v Fluid Structural Engineers & Technical Designers Ltd and others [2024] EWHC 1257 ( TCC) What are the practical implications of this case? On the claimants’ own account, their solicitors were deeply involved in crafting the expert’s joint statement. Mr Lofthouse KC accepted that this interference arose from a misunderstanding rather than any wilful flouting of the governing principles, and the claimants acknowledged the conduct was improper. Paragraph 13.6.3 of the TCC Guide states clearly that a party in breach may, as occurred here, compromise its ability to rely upon its own expert’s views. Mr Lofthouse KC then addressed the claimants’ request to instruct a new expert. From that consideration, the following practical points can be drawn...
In this issue: Road traffic accidents Employers’ liability Clinical negligence Costs Daily and weekly news alerts Useful information Road traffic accidents Preliminary issues decided in road traffic accident claim The King's Bench Division determined preliminary questions in Yordanov v Vasilev [2024] EWHC 1496 ( KB), stemming from a fatal road traffic collision involving four vehicles and seven individuals. The crash occurred when a Volkswagen Eos (the VW), driven by the deceased, sought to pass an Alfa, which was being driven by another individual ( VA)......
The number of Russian litigants in the commercial courts has fallen to 27 since April 2023, according to figures from communications consultancy Portland. That tally is less than half the total recorded the year before. The analysis also notes that just 30% of Russian litigants had legal representation, a marked shift from the previous year when a little over 70% were represented by a law firm. This reduction comes as commercial court claims saw representation for more international litigants than ever. While UK law does not stop sanctioned entities from accessing the English courts, many international law firms have halted operations in Russia or taking instructions from clients there, Portland said. The government stated last year that it would prevent UK lawyers from advising Russian companies on business transactions judged to assist Moscow’s military......
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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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