Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
Whiplash Injury Regulations: minor psychological injury The Whiplash Injury Regulations 2021, SI 2021/642, set a tariff fixing the overall damages for pain, suffering and loss of amenity that a court may grant for road traffic whiplash lasting up to two years, together with any minor psychological effects arising at the same time. It concerns pain, suffering and loss of amenity for injuries lasting up to two years in traffic accidents. Following the first three-year statutory review of those Regulations, the Lord Chancellor issued a report on 21 November 2024. Among the outcomes was an intention to seek ways of offering further guidance on how ‘minor psychological injuries’ should be defined. Although section 1 of the Civil Liability Act 2018 provides the meaning of a ‘whiplash injury’, the expression ‘minor psychological injury’ has not been defined. The Explanatory Memorandum to the Whiplash Injury...
R (on the application of Anaesthetists United Ltd and others) v General Medical Council [2025] EWHC 2270 ( Admin) What are the practical implications of this case? The practical consequences are these: Physician associates (‘ PA’) and Anaesthesia Associates (‘ AA’) will not be bound by GMC-imposed national limits on practice. The Royal Colleges will issue additional guidance on Associates’ scope of practice, and employers, via local clinical governance, will ensure Associates are practising safely. With the medical model adopted for Associates, those involved in professional discipline can expect a fitness to practise framework the same as, or closely akin to, that which applies to doctors......
The Competition Appeal Tribunal ( CAT) is weighing where to send leftover settlement funds from Justin Gutmann’s £25m agreement with Stagecoach, after rail customers drew down just £216,000 in pay-outs. At the hearing, Woodsford, the litigation funder, together with the after-the-event insurers and Gutmann’s firm, Charles Lyndon, stepped in to address how close to £10m in unclaimed damages ought to be distributed. CAT chair Hodge Malek KC informed counsel present that the tribunal does not welcome tussles of this sort between funders and class representatives, urging them to collaborate and treat one another fairly. He remarked that it was “not great” to be confronting another row between a claim’s backer and legal team so shortly after the high-profile fallout that followed Walter Merrick’s £200m settlement with Mastercard. The tribunal head added that the court had already made plain its...
PI & Clinical Negligence weekly highlights—11 September 2025 In this issue: Key PI and Clinical negligence news Product liability Road traffic accidents Regulation of healthcare professionals Other PI and Clinical negligence news Lexis Nexis® PI & Clinical Negligence Quantum Database Lexis Nexis® Quantum Portal Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Useful information Key PI and Clinical negligence news RTA Small Claims Pre- Action Protocol ( PAP) updates—in force 1 October 2025 The Master of the Rolls has given approval to amendments to the Pre- Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents ( RTA Small Claims Protocol), coming into force on 1 October 2025. The changes address the handling of non- Protocol vehicle costs ( NVC) in the...
Harriet Harman KC Harriet Harman KC, who chaired the independent review into bullying, harassment and sexual harassment at the bar, has put forward a new commissioner for conduct as one of 36 recommendations intended to address ‘systemic’ wrongdoing in and around the bar. Published on 8 September 2025, her report stresses that such behaviour is a problem at the bar and on the bench, within chambers and courtrooms, in open court and behind robing-room doors. She proposes that the Bar Council appoint the commissioner as a senior officer to co-ordinate its efforts to tackle bullying, harassment and sexual harassment across the profession. The commissioner’s brief would include developing, disseminating and delivering guidance and training on good practice for all chambers and inns; advising individuals who have witnessed or experienced such behaviour on how they can bring complaints and the routes available; and providing support to...
PI & Clinical Negligence weekly highlights—4 September 2025 In this issue: Key PI and Clinical negligence news Occupational disease Product liability Accidents abroad Claims involving a child Costs and funding Scottish PI and Clinical negligence news Other PI and Clinical negligence news New Content Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Key PI and Clinical negligence news Personal Injuries ( NHS Charges) ( Amounts) ( Amendment) Regulations 2025 SI 2025/986: These Regulations revise the Personal Injuries ( NHS Charges) ( Amounts) Regulations 2015, SI 2015/295, setting out the sums due under the NHS charges recovery scheme where an injured individual, who obtains a compensation payment for their injury, has received NHS hospital care or ambulance services. They take effect from 1 October 2025. See: LNB News...
Lunt v BAC Impalloy Ltd [2025] Lexis Citation 2143 What are the practical implications of this case? Limitation The court’s handling of the limitation defence offers practical and balanced guidance to claimant and defendant practitioners alike on a continuing cause of action extending across 20 years. It considers a date of knowledge arising mid‑way through the exposure period, and carefully weighs the principal considerations bearing on the court’s discretion under section 33 of the Limitation Act 1980 ( LA 1980) to disapply the limitation period. Medical causation The court’s evaluation of competing medical opinions clearly illustrates the features that may prompt acceptance or rejection of an expert’s evidence. Here, the judge closely examined whether the experts’ reasoning withstood scrutiny against any concessions (or the absence of them), the appropriate deference shown to the other expert where warranted, and the extent to which their conclusions were...
The High Court has ordered Carbon Holdings to pay Baker Botts—which is based in the Walkie- Talkie building in London— US$1m ahead of a trial The High Court directed oil and gas project developer Carbon Holdings Ltd, controlled by industrialist Basil El- Baz, to advance US$1m to the US law firm after deciding there was no dispute that Baker Botts had performed the work for Carbon Holdings. The company had argued the fees were not payable because the services were undertaken for its subsidiaries, but Judge David Elvin concluded the amount related to work Baker Botts carried out for the benefit of Carbon Holdings and EHI Ltd, a company that holds shares in Carbon Holdings on El- Baz’s behalf......
Matiere SAS (a company incorporated under the laws of France) v ABM Precast Solutions Ltd [2025] EWHC 2030 ( TCC) What are the practical implications of this case? This judgment signals scope for a more adaptable approach to consequential relief where a Part 36 offer is bettered at trial, yet the court is not persuaded that the offer represented a genuine effort to settle the proceedings in their entirety. It sets out the appropriate course where a Part 36 proposal authentically seeks to resolve a claim within the proceedings but, in substance, overlooks a substantially higher-value counterclaim pursued in the same action. The court rejects the suggestion that the enhanced cost consequences under Part 36 operate on an all-or-nothing basis, and accepts that it is both permissible and suitable to confer the enhanced consequences on the claim while directing that the...
DHV (a protected party through his litigation friend WTX) v Motor Insurer’s Bureau [2025] EWHC 2002 ( KB) What are the practical implications of this case? While the dispute largely turned on pre‑ Brexit jurisdictional rules and the particular application of Spanish law, it still carries wider lessons for general practice in foreign accident claims. It acts as a timely reminder of how jurisdiction was established for overseas accidents before the expiry of the Brexit transitional period. It will not assist those dealing with newer accidents, where the position is now more complex. How the position will evolve remains uncertain; however, see FS Cairo ( Nile Plaza) LLC v Brownlie [2021] UKSC 45 for examples of when jurisdiction may still arise. Much of the judgment addressed contributory negligence and had relatively modest wider effect, yet the outcome depended on the calibre of expert...
What is the purpose of PRMA 2025? PRMA 2025 obtained Royal Assent on 21 July 2025 and, apart from PRMA 2025, s 11(1) and (3), took effect that same day. As enabling legislation, it empowers the Secretary of State to make regulations to manage a wide spectrum of product safety risks and associated matters. On 22 July 2025, the Office of Product Safety and Standards (‘ OPSS’) issued a companion Code of Conduct that explains how government will exercise the powers granted under PRMA 2025. Why has PRMA 2025 been introduced? For years the UK’s product safety regime was shaped strongly by EU legislation. In the wake of Brexit, there was an increasing need for a distinct UK framework capable of evolving independently. At the same time, new hazards have appeared that the previous laws were not designed to deal with, including unsafe goods sold via online...
PI & Clinical Negligence weekly highlights—28 August 2025 In this issue: Key PI and Clinical Negligence news Accidents on the highway Case management Lexis Nexis® PI & Clinical Negligence Quantum Database Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Key PI and Clinical Negligence news Mo J announces Court Funds Office interest rate reductions following Bo E decision The Ministry of Justice ( Mo J) has confirmed reduced interest rates for Court Funds Office ( CFO) accounts with effect from 20 August 2025, responding to the Bank of England’s base rate cut on 7 August 2025. The Special Account rate shifts from 4.25% to 4.0%, and the Basic Account rate moves from 3.19% to 3.0%. The Mo J explains that these revisions aim to meet CFO operational costs whilst ensuring rates remain...
What are the practical implications of this case? Read v North Middlesex University Hospital NHS Trust [2025] EWHC 1603 ( KB) carries significance for personal injury practitioners considering QOCS. It clarifies when QOCS can be removed after a claim is struck out. Crucially, the method used to achieve strike out does not, by itself, decide whether QOCS continues. What matters is the substantive basis for the strike out, rather than the procedural pathway taken. As a result, claimants should not assume that QOCS will automatically remain in place where a claim is struck out under CPR 3.4 (2) (c) due to non-compliance with, for instance, an Unless Order... Those acting for claimants must ensure clients understand that the court will undertake a qualitative assessment of the strike out grounds when determining QOCS. For defendants, the decision confirms that a strike out obtained by any...
In this issue: Key PI and Clinical negligence news Proving negligence or breach of statutory duty Occupational disease Claims involving a mentally incapacitated claimant Interim payments, periodical payments and provisional damages Costs and funding Other PI and Clinical negligence news Lexis Nexis® PI & Clinical Negligence Quantum Database Lexis Nexis® Quantum Portal Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Key PI and Clinical negligence news ACSO hails early indications of proposals in forthcoming Df T road safety review The Association of Consumer Support Organisations ( ACSO) has voiced support for signals from the Department for Transport ( Df T) on what may feature in its upcoming road safety review—the first in ten years. ACSO points out that, although serious road casualties fell from 41,000 in 2000 to 24,000 by 2010, they have since climbed by nearly 20%. Likely measures are expected to tackle drink- and...
Climate change Climate change and the energy transition will continue to shape cross‑border disputes through the rest of this year and beyond. In investor–state arbitration, the tension has emerged because governments find themselves caught between competing imperatives, notes Christina G Hioureas, global co‑chair of Foley Hoag LLP’s international litigation and arbitration department and chair of its United Nations practice group. On the one hand, states owe duties under international law on climate, including commitments in accords such as the Paris Agreement. On the other, investors are bringing claims over measures aimed at cutting greenhouse gas emissions, for example limiting conventional oil and gas developments and winding down coal‑fired generation. Illustratively, the UK was served this month with a claim constituting its first climate‑related investor‑state dispute and its debut before the International Centre for Settlement of Investment Disputes. Reports indicate the case concerns the setting aside of a...
Trustees of AFM and SAG- AFTRA Intellectual Property Rights Distribution Fund and others v The Secretary of State for Science, Innovation and Technology [2025] EWHC 1944 ( Ch) What are the practical implications of this case? This ruling may pave the way for substantial cross-border disputes in the music royalties arena. It brings several practical consequences: ongoing relevance of EU-derived substantive rights post- Brexit: the decision shows that claims for equitable remuneration grounded in EU standards can still be advanced, particularly where domestic law departed from those obligations (namely, Francovich damages). In this matter, UK law meant that a performer’s status as a US national yielded only a limited right to equitable remuneration (broadly aligned with protection in the US). By contrast, the EU stance is more generous representative proceedings: the court’s readiness to allow four performers (claimants 9–12) to act as...
HMCTS insisted it acted swiftly on a technical bug which affected documents on its digital platform, adding that it did not change the outcome of any cases. An HMCTS spokesperson said an internal review found no indication that the technical problems altered any case outcomes. The agency was answering a BBC report that accused it of a cover‑up, after a leaked document suggested HMCTS failed to address an IT fault that led to case evidence going missing, being overwritten, or apparently disappearing. The BBC further claimed that judges in the civil, family and tribunal courts reached decisions with incomplete material as a consequence. Publication of the findings led the Bar Council to demand......
In this issue: Employer's liability Product liability Clinical negligence Coroner’s inquests Costs Other PI and clinical negligence news Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Useful information Employer's liability Book Review— Munkman on Employer’s Liability, 18th Edition Marking 75 years in print, the 18th, thoroughly revised and wide-ranging edition of Munkman on Employer’s Liability marks a milestone, reinforcing its reputation as a pre-eminent authority on personal injury and employment-related tort law. Guided by an editorial panel of seasoned barristers and judges, it delivers rigorous legal analysis alongside clear, practical direction for readers ranging from junior lawyers to veteran practitioners. Written by Shilpa Shah of Ropewalk Chambers. Consult News Analysis: Book Review— Munkman on Employer’s Liability, 18th Edition. Product liability UK product liability reform—new redress rules for AI systems?......
Cohen and another v Co- Operative Group Ltd and others [2025] EWHC 1892 ( Ch) What are the practical implications of this case? The ruling brings together, in one place, the key rules governing changes to particulars of claim, confirming there is nothing unique about insolvency contexts: the Civil Procedure Rules and the established authorities on amendment continue to govern. It reiterates that no bespoke regime applies in insolvency matters, so the CPR and authority on amendments must be followed. It surveys the guidance on amendments made after expiry of limitation, the court’s broad discretion, how that discretion applies to late and very late amendments, and the matters the court should weigh when exercising that discretion generally. Practitioners dealing with any amendment bid—whether inside insolvency processes or in ordinary litigation—will find the decision an instructive point of reference. Crucially, the court underlined the...
The Bar Council has called for an 'urgent and comprehensive' probe into software errors that might have affected the outcome of cases, which were revealed by a leaked HM Courts and Tribunals Service ( HMCTS) report. The BBC initially revealed the claims. According to the broadcaster, HMCTS conducted an internal inquiry, analysing a three-month sample of Social Security and Child Support Tribunal cases after software faults were uncovered, despite signs the flaw might have been present for years. Barbara Mills KC, who chairs the Bar Council, said they were alarmed at reports that the bug could have produced miscarriages of justice. She urged a swift and thorough investigation to determine any effect on case outcomes, and in particular whether emergency child protection cases have been affected. She added that this is the latest in a string of problems with the courts’ IT systems, which appear to...
Popular documents
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 ]...
Discover more from LexisNexis
