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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Practical delivery remains daunting, highlighted by the European Commission’s plan to push back by 12 months the commencement of the European Union Deforestation Regulation, allowing businesses extra time to ready themselves for its granular legal due diligence obligations. The range of moving parts companies must weigh includes: the EU Corporate Sustainability Due Diligence Directive, or CSDDD, which took effect at the end of July the significant ruling on supply chain oversight issued by the Court of Appeal in World Uyghur Congress v National Crime Agency in late June, and recent corporate supply chain shortcomings that have undermined trust and re-emphasised established benchmarks such as the UK’s Modern Slavery Act 2015 Alongside more enduring soft law, reference points include the Organisation for Economic Co-operation and Development Guidelines for Multinational Enterprises and the United Nations Guiding Principles on Business and Human Rights. Viewed together, these shifts underline the need to...
Whistleblowing ( Reporting and Disruption of Fraud and Wrongdoing) Bill At a launch on 21 October 2024, lawyers, parliament and a retired judge backed the new Whistleblowing ( Reporting and Disruption of Fraud and Wrongdoing) Bill, asserting that, if passed, it would enhance protections for whistleblowers throughout the UK. Whistleblowers UK, the non-profit supporting the Bill, said it would create a government office for whistleblowers, headed by a commissioner appointed by the secretary of state. The office would have wide-ranging powers to: set, monitor and enforce standards seek information carry out investigations impose fines for retaliation Victoria Mc Cloud, a retired judge and director of Whistleblowers UK, said the UK is waking up and recognises that urgent steps are needed, with cross-party support in both the Lords and Commons, to bring the Whistleblowing Bill into law. A copy of the...
The Association for Financial Markets in Europe ( AFME) flagged ambiguities in the FCA’s consultation that closed on 18 October 2024. The watchdog has suggested revising its guidance to clearly state that politically exposed persons in the UK— PEPs, including parliamentarians and senior public figures—ought to be seen as lower risk. In its submission, AFME said it remains unclear what degree of enhanced due diligence the FCA intends to bring in and apply—the extra background checks that UK subsidiaries or branches of international firms must conduct on domestic PEPs. The FCA’s premise is that UK institutions should regard domestic PEPs as lower risk by default. AFME sought explicit confirmation that this rule would not apply to UK subsidiaries within international groups in cases......
See Q& A: Are sanctioned persons entitled to receive interest on sums owed to them that accrue during the period in which they are sanctioned? Do the sanctions affect the statute of limitations? Are sanctioned persons due interest on sums owed that build up while they are designated? UK financial sanctions typically centre on asset freezes that: forbid dealing with a designated person’s frozen funds or economic resources ban making funds available to that person prohibit any steps that seek to circumvent those restrictions — see Practice Note: Understanding the financial sanctions regime Defined offences include: dealing with a designated person’s funds making funds available to a designated person — see Practice Note Financial sanctions—offences If such an offence is committed by a firm authorised under Part 4A of the Financial Services and Markets Act 2000 ( FSMA 2000), there will also be regulatory consequences — see Practice Note...
In this issue: Practice Compliance forecast Financial sanctions Other financial crime Data protection Other Practice Compliance updates this week Daily and weekly news alerts New and updated content Latest Q& A Practice Compliance forecast New Practice Compliance forecast as at 15 October 2024 Our latest Practice Compliance forecast (15 October 2024) is now available. This month we cover: (1) publication of the SRA’s updated 2024–25 business plan; (2) ICO notices on anticipated new and revised guidance for data security and cyber security; (3) publication of the Employment Rights Bill 2024; (4) confirmation from the Department for Science, Innovation and Technology that the Cyber Security and Resilience Bill will be introduced to Parliament in 2025; and (5) confirmation that the Office of Trade Sanctions Implementation is now operational. See News Analysis: New Practice Compliance forecast as at 15...
The Worker Protection ( Amendment to Equality Act 2010) Act 2023 Coming into force on 26 October 2024, this Act requires employers to take ‘reasonable steps’ to prevent sexual harassment or face a 25% uplift in employment tribunal awards. It also hands the Equality and Human Rights Commission ( EHRC) new powers to step in where employers breach that duty. On 10 October 2024, the government signalled, through the Employment Rights Bill, an intention to raise the bar to ‘all reasonable steps’. Lawyers say Labour has set such a demanding threshold that few employers would risk relying on it as a defence. That reform is not anticipated to apply until 2026 at the earliest. Even so, EHRC guidance published in September 2024 confirms that employers will be judged against a tougher benchmark than many had expected. The regulator has also warned it stands ready to act...
As at 15 October 2024, our Practice Compliance forecast maps out proposed regulatory shifts relevant to law firm compliance, enabling you to prepare for developments that could affect your organisation. A careful read is essential; below we flag several points that merit attention. New items we’re tracking this month SRA inspection and review plans—the Solicitor’s Regulation Authority ( SRA) has confirmed its next thematic review will examine source of funds. It also intends to carry out two further inspection rounds between January and March 2025, concentrating on AML and sanctions. See: AML, CTF and counter-proliferation financing SRA guidance on sham litigation—the SRA told delegates at the Law Society Anti-money laundering and financial crime conference 2024 that it plans to issue guidance on sham litigation in October 2024. See: AML, CTF and counter-proliferation...
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) Enacted a year ago, ECCTA 2023 contains a clause requiring large companies to put in place ‘reasonable procedures’ to protect against prosecution for failing to prevent fraud. This aligns with the UK’s Bribery Act, under which organisations can face action for failing to prevent bribery. The provision has not yet taken effect, as the UK is awaiting the publication of guidance explaining the changes. The regime will commence no earlier than six months after that guidance is released. That guidance was originally due to be published in June 2024......
The UK Treasury is currently examining numerous alleged breaches of Russian oil sanctions introduced after the invasion of Ukraine more than two years ago. The move follows fears that firms are skirting measures intended to suppress Russia’s oil earnings. The UK’s Treasury, which is responsible for ensuring the enforcement of sanctions, has confirmed it has launched 37 inquiries into suspected violations linked to an oil price cap. It is understood these investigations are not confined to UK companies alone, but also extend to cases with a UK nexus, rather than relating specifically to domestic businesses only in scope overall......
Why is vendor lock-in a particular problem in contracts for AI systems? The extent of this concern depends on the type of AI solution and the risk profile. When a standard, out-of-the-box model is deployed without bespoke elements, customers may experience less lock-in, as comparable alternatives are likely available on similar terms. However, where a bespoke model has been built for a customer, the significant effort and expense invested in training the underlying model on that customer’s data makes changing supplier complex, and there is no assurance another provider’s AI will produce equivalent results, even if trained on the same data. In addition, growing layers of internal governance and procurement procedures for AI can mean internal sign-offs add further delay to any move, making a switch less attractive unless the incumbent provider’s system is not performing as...
In this issue: Financial sanctions Other financial crime Data protection Question of the week Daily and weekly news alerts Trackers New and updated content Financial sanctions FCA's £29m fine of Starling sends wider compliance warning Law360, London: On 2 October 2024, the Financial Conduct Authority ( FCA) levied a £28.9m penalty on Starling Bank Ltd for deficiencies in anti-money laundering and sanctions controls, sending a broader message that compliance standards must scale alongside growth. See News Analysis: FCA's £29m fine of Starling sends wider compliance warning. FCDO publishes updated Mali and Counter- Terrorism International sanctions guidance The Foreign, Commonwealth and Development Office ( FCDO) has refreshed guidance for the Mali ( Sanctions) ( EU Exit) Regulations 2020, SI 2020/705, and the Counter- Terrorism ( International Sanctions) ( EU Exit) Regulations 2019, SI 2019/573. Both updates add references to the director disqualification measure. See: LNB News 04/10/2024 35. Trade sanctions— New civil enforcement...
See Q& A: Can a law firm have a compliance officer for legal practice ( COLP) who is an unqualified employee? Under the SRA Authorisation of Firms Rules, any authorised law firm must, at all times, appoint an individual as its COLP, with that appointment submitted to, and approved by, the SRA to satisfy regulatory requirements......
The FCA’s biggest fine of 2024 so far signals its expectation that financial crime controls at a scaling business must mirror the organisation’s size and complexity—something lawyers say did not occur at Starling. ‘ Starling’s case is a cautionary tale for those with ambitious plans to expand,’ said James Alleyne, legal director at Kingsley Napley LLP. ‘ Breakneck growth can be commercially tempting, but if it comes at the cost of compliance, firms put themselves and their customers at needless risk and can find themselves in difficulty with the regulator.’ Alleyne points to Starling’s breach of a voluntary requirement, or VREQ, as a particularly notable element of the matter. A VREQ is where a firm voluntarily asks the FCA to restrict aspects of its business activities. Practitioners often treat the “voluntary” tag as a euphemism for “voluntary or else”, although it is...
The new offence does not target individuals: Individuals are not the direct focus of the new offence; they can already face proceedings under statutes such as the Bribery Act 2020 or the Fraud Act 2006. Where a company commits a crime with the demonstrated 'consent or connivance' of a senior member of staff, that person can, in some cases, be culpable as well. Lawyers caution that corporates likely to be charged with the 'failure to prevent fraud' offence may try to strike arrangements with prosecutors to avert a trial—a deferred prosecution agreement ( DPA). A common term of a DPA is that the business assists in the prosecution of individuals. Once the 'failure to prevent fraud' offence takes effect, we should expect an uptick in formal fraud investigations by the Serious Fraud Office, said Daren Allen, a partner at Shoosmiths LLP. He also...
In this issue: Financial sanctions Other financial crime Cybersecurity Other Practice Compliance updates this week Lex Talk®Practice Compliance: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content Latest Q& A Financial sanctions OFSI has added two further FAQs to the UK Financial Sanctions FAQs, covering General Licence INT/2024/4919848 and trust services. See: LNB News 01/10/2024 24. General Licence INT/2023/3179120, relating to payments to water companies for water and sewage, has been revised. OFSI has updated the definitions of UK Designated Persons and Return Payments, and has made the Licence indefinite. See: LNB News 01/10/2024 23. OFSI has imposed a monetary penalty on Integral Concierge Services ( ICSL) for breaches of the Russia financial sanctions regime introduced in response to Russia’s 2022 illegal invasion of...
The launch of OTSI is accompanied by legislative changes to the UK's sanctions enforcement framework via the Trade, Aircraft and Shipping Sanctions ( Civil Enforcement) Regulations 2024, SI 2024/948. The most significant changes are as follows: OTSI gains authority to levy civil fines for certain breaches of trade sanctions. Penalties may reach £1 million per contravention, or 50% of the breach’s value if higher, and can be imposed on a strict liability footing. These reforms do not cover infringements involving the movement of goods across the UK’s borders, or those relating to military and dual‑use goods; such matters stay solely with HMRC under the existing criminal penalties regime. Nor do the new measures apply to violations of the Russian Oil Price cap or to internet‑related sanctions concerning Russia and Belarus. OTSI will take on selected trade licensing...
The court found In three distinct cases brought by the Belgian and French bar associations, the court determined that the EU’s ban on supplying legal advisory services to the Russian government or entities established there does not undermine the fundamental right to obtain legal advice from a lawyer. The judges held that the restriction does not apply to services strictly necessary to exercise the right of defence in judicial proceedings and to ensure an effective legal remedy. Consequently, legal counsel connected to judicial, administrative, or arbitral proceedings falls outside the scope of the prohibition, meaning only non-contentious matters remain barred......
In September 2024, the Office of Financial Sanctions Implementation ( OFSI) issued a £15,000 fine to a concierge and management firm that processed property transactions connected to a designated individual — the first instance of the regulator penalising a company for a Russia sanctions breach. Many observers and commentators thought OFSI would treat this watershed sanction as a warning shot to head off future violations. However, the authority has used the case to spotlight compliance lessons arising from Integral Concierge Service’s missteps. “ The core message that businesses should take sanctions seriously and install measures to curb their risks is indeed sound, and penalties are needed to keep that message current,” said John Binns, a partner at BCL Solicitors. OFSI’s tone is practical, notable from a regulator whose perceived lack of zeal for enforcement has prompted criticism of its appetite for...
In this issue: Practice Compliance forecast AML, CTF and counter-proliferation financing Other financial crime Other Risk & Compliance updates this week Daily and weekly news alerts New and updated content Practice Compliance forecast New Practice Compliance forecast as at 24 September 2024 Our latest Practice Compliance forecast (as at 24 September 2024) is now live and available. This month we cover, in brief: (1) the Law Society’s review of the implications of World Uyghur Congress v National Crime Agency for solicitors, practices and their clients; (2) a fresh consultation from the Department for Science, Innovation and Technology on the data protection fee regime; (3) proposed changes to the AML supervisory regime; (4) revisions to the ICO’s consultation on regulating Artificial Intelligence; and (5) also confirmation that the new Office of Trade Sanctions Implementation will be operational from October 2024. See News Analysis: New Practice Compliance forecast as at 24 September 2024......
Ephgrave, who will celebrate his first year in post on 25 September 2024, launched five fresh fraud inquiries in rapid order as he moved to recast the reputation of the white-collar agency after a run of headline failures. With the burst of openings now easing and the agency devoting time and resources to sifting evidence, white-collar specialists are asking if Ephgrave can sustain his early emphasis on swift action, pragmatism and consumer-protection matters. That concern is sharper while cross-border bribery and corruption investigations — by nature more intricate and slower — remain, for many white-collar practitioners, the blockbuster work the specialist prosecutor is singularly positioned to pursue. Louise Hodges, head of white-collar crime at Kingsley Napley LLP, said there is intense pressure on the SFO to prove itself in its stated mission as a specialist prosecuting authority targeting top-level serious or complex fraud,...
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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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