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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Auto-enrolment and penalty notices—a reasonable excuse for non-compliance? ( A& P Trading Solutions v Pensions Regulator) A& P Trading Solutions Ltd v Pensions Regulator [2023] UKFTT 772 ( GRC) What are the practical implications of this case? Under section 44 of the Pensions Act 2008 ( PA 2008), an employer may appeal to the FTT against a determination of the Pensions Regulator issuing an unpaid contributions notice ( UCN), a fixed penalty notice, or an escalating penalty notice. In theory, an employer can advance a reasonable excuse for failing to comply with a UCN, which could result in penalty notices being set aside. In reality, attempts to overturn such notices almost always fail. In this matter, the reference relied on the oft-raised contention of reasonable excuse arising from non-receipt of the relevant correspondence. Such submissions must be assessed in light of the facts that (i)...
On 29 April 2020, the Fire Safety Bill received its second reading in the House of Commons and was also referred to a Public Bill Committee. The Bill will amend the Regulatory Reform ( Fire Safety) Order 2005, SI 2005/1541, to provide clearer guidance on the duties of the Responsible Person or duty-holder in multi-occupied, residential premises. Currently, under the Fire Safety Order, fire and rescue authorities hold enforcement powers over the shared parts of blocks of flats, for example entrance halls and landings. They do not possess such powers beyond the front doors of flats to act within individual homes, nor do they also have powers concerning the exterior of buildings. The Fire Safety Bill proposes amendments to the scope of the Fire Safety Order to make clear that the responsible person or duty-holder for multi-occupied residential buildings must manage and reduce fire risk relating to the...
Miller and others v Ministry of Justice [2019] UKSC 60, [2019] All ER ( D) 83 ( Dec) What are the practical implications of this case? The Supreme Court’s ruling is a clear success for Mr Miller and the other Appellants, and appears to have finally drawn to a close the O’ Brien litigation, which began more than a decade ago. The Appellants’ PTWR claims were held to be in time, and they—alongside many judges in comparable circumstances—will now have their pensions assessed by reference to all service both before and after 7 April 2000, the deadline for implementing the Part-time Workers’ Directive into UK law, in line with the Court of Justice’s decision in O’ Brien v Ministry of Justice (note that a separate Supreme Court consent order dated 28 October 2019 dealt with the pre/post 7 April 2000 service point—see further below). The...
Downe v Universities Superannaution Scheme ( USS) and another [2019] EWHC 2403 ( Ch), [2019] All ER ( D) 75 ( Sep) What was the background? Ms Downe is a member of the Universities Superannuation Scheme ( USS). Under the USS rules, a member may receive an early retirement pension on a non-reduced basis if their employment ends for redundancy. For USS purposes, redundancy is made out where a member’s employment is terminated and this is due, wholly or mainly, to the employer’s requirements for employees to carry out work of a particular kind ceasing or reducing, or being expected to cease or reduce. Ms Downe worked for the Society of College, National and University Libraries ( SCONUL) in various roles, notably in accounts and in events management, up to 16 November 2012. She had a strained working relationship with her manager, Mrs R, who joined...
Plevin v DAS Legal Expenses Insurance Company Ltd [2019] EWHC 1339 ( Comm) What are the practical implications of this case? Disputes over the reach of CFAs and after-the-event ( ATE) insurance are routine within inter partes detailed assessment proceedings. This matter is somewhat out of the ordinary because it concerns a quarrel between a claimant, her solicitors, and an ATE insurer—though, in substance, between the solicitors and the insurer—about the effect of a clumsily drafted CFA and policy of insurance. The ruling is not the first occasion on which issues of construction of the CFA and the insurance policy in this litigation have surfaced. During the detailed assessment before the Supreme Court that culminated in Plevin v Paragon Personal Finance Limited [2017] UKSC 23, Paragon mounted similar objections. The case stands as a cautionary illustration of the hazards of neglecting to reach clear...
What is the current legislation/regulation relating to drug misuse in the workplace and does this go far enough? Is there any guidance available for employers? Employers are legally required, under the Health and Safety at Work etc Act 1974, to safeguard the health, safety and welfare of their workforce so far as is reasonably practicable. The Management of Health and Safety at Work Regulations 1999 ( SI 1999/3242) add a duty to identify and evaluate risks to employees’ health and safety. Where an employer knowingly permits someone to work while impaired by drugs or alcohol, and that behaviour endangers them or others, the employer may face prosecution. Workers, for their part, must also exercise reasonable care for their own safety and for anyone who could be affected by what they do—or fail to do—at work. The Misuse of Drugs Act 1971 is the key UK...
Original news O’ Brien v Ministry of Justice [2017] UKSC 46 What was the background to the case? Mr O’ Brien began serving as a part‑time Recorder in 1978 and continued in part‑time judicial office until 2005. Earlier chapters of this protracted dispute confirmed that part‑time judges should have access to a judicial pension, building benefits pro rata to the sittings they undertake against the sittings of a full‑time colleague. The right flows from the Part‑time Workers Directive ( Directive 97/81/ EC on the Framework Agreement for part‑time work), which had to be implemented in domestic law by 7 April 2000. Implementation in England was attempted via the Part‑time Workers ( Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551, yet regulation 17 carved part‑time judges out of their scope. In Ministry of Justice (previously the Department for...
What is Australia’s approach towards international free trade agreements? Australia is a proactive participant in global trade. In recent years, its commercial ties have centred on Asia, having lately finalised free trade agreements ( FTAs) with China, Japan and South Korea. Shortly after the 2016 EU referendum, the Australian Government signalled its readiness to negotiate an FTA with the UK. To advance this, a trade working group was established with a remit to ‘scop[e] out the parameters of a future ambitious and comprehensive’ FTA. The group first met in late November 2016. However, talks may not start until the UK has left the EU. How does Australia’s market compare to the UK? UK– Australia trade has taken place within the EU framework. The EU is Australia’s third-largest trading partner. Australia’s sales to the EU are dominated by mineral commodities (fuels and mining products) and...
How do you expect the provision of legal education at university level, namely the LLB, to change and adapt in order to attract the best students and promote the legal profession while also meeting market demands? We’re likely to see sharper distinctions between law schools, each appealing to particular kinds of students and forging links with different corners of the profession. With reforms proposed by the Solicitors Regulation Authority ( SRA) and the Bar Standards Board ( BSB), some programmes may resemble a fusion of academic study and the Legal Practice Course ( LPC), whilst others will, I hope, develop richer, more imaginative and multidisciplinary curricula. Have there been any recent proposals to change the structure or content of this course—for example, many argue the study of contract law in the first leaves students unprepared for when they next come across it, possibly four or more years...
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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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