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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The Investigatory Powers Tribunal concluded it would be unjust to allow survivors of the May 2017 suicide bombing to pursue their claims, as they should have been lodged swiftly after the Manchester Arena Inquiry report was issued in March 2023, rather than many months later. The tribunal noted the claims were only put in during February 2024, emphasising the delay Writing for the tribunal, Court of Appeal Justice Rabinder Singh and High Court Judge Judith Farbey said the start of the proceedings had not been accorded the objective priority it deserved, stating that the requirement to file promptly following the Inquiry Report was not treated with the urgency it demanded or given the priority it required The claimants argued that the security services, including MI5, displayed institutional defensiveness about their failings and breached their human rights by missing opportunities to uncover evidence that might have...
In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/ EU TCA Partnership Council decision ( COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour...
Fairbanks v Change Grow Live , ET Case Number:2409700/2023 Employment Judge Paul Humble, in a decision released on 18 November 2024, found that the drug and alcohol rehabilitation charity Change Grow Live did not subject the claimant, Mrs Fairbanks, to unfair treatment on the grounds of philosophical belief. The judge concluded that Fairbanks had not, in fact, advanced any philosophical beliefs. ' A claimant cannot simply come to a hearing, set out four views, however sincerely held, and expect them to qualify as philosophical beliefs. Nor does belonging to a political party, on its own, amount to a philosophical belief', the tribunal determined formally......
In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Coronavirus ( COVID-19) SIs Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid State security and intelligence Information law Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Supreme Court finds Sky applied for trade marks in bad faith ( Sky Kick UK Ltd v Sky Ltd) In Sky Kick UK Ltd and another ( Appellants) v Sky Ltd and others ( Respondents) [2024] UKSC 36, the Supreme Court upheld the High Court’s view that Sky pursued its trade marks in bad faith and that the first‑instance process was fair, overturning the Court of Appeal’s...
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...
In this issue: Autumn Budget 2024 Brexit highlights Brexit SIs Subsidy control and State aid Judicial review Equality and human rights Constitutional and administrative law Information law Other Public law news Lex Talk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Useful information Autumn Budget 2024 Bar Council responds to Autumn Budget 2024 The Bar Council has issued its reaction to the Autumn Budget, praising the ‘overall settlement for justice’. The settlement sets a departmental expenditure limit of £13.8bn for 2025–2026 for the Ministry of Justice. The Bar Council’s Chair, Sam Townend, welcomed the uplift, describing it as an overdue move towards treating justice as a core public service. He nevertheless cautioned that the sector remains far from...
Tindall and another ( Appellants) v Chief Constable of Thames Valley Police ( Respondent) [2024] UKSC 33 What are the practical implications of this case? The standout development is the acknowledgement of the interference principle. It confirms that liability can attach where a rescuer intentionally supplants another potential rescuer. That said, such cases will be uncommon. Emergency services will seldom have the requisite foresight; absent that, they will not be liable, even where they instruct willing third parties who would have acted to stand down. More broadly, the judgment underlines the ongoing difficulty of succeeding in negligence claims against the emergency services. Although the Supreme Court regarded the police conduct as a serious dereliction of a public duty owed to society at large, that still did not found negligence liability. Crucially, the interference principle is simply a manifestation of making matters worse. The core rule...
In this issue: Autumn Budget 2024 Brexit highlights Post- Brexit transition guidance Brexit SIs Constitutional and administrative law Judicial review State accountability and liability Public procurement Subsidy control and State aid Projects and infrastructure Management and strategic planning Information law Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Autumn Budget 2024 Autumn Budget 2024—key Public Law announcements In the Autumn Budget 2024, on 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out a series of measures of interest to Public Law practitioners, touching on devolved matters, state security and intelligence, state accountability and liability, Ukraine policy, public procurement, projects and infrastructure, the state pension, and trade. Paul Maile, partner and head of planning and...
Sammut (on his behalf and as administrator of the Estate of Paul Sammut) and others v Next Steps Mental Healthcare Ltd (formerly K Bond Healthcare Ltd t/a Next Steps) and another [2024] EWHC 2265 ( KB) What are the practical implications of this case? The result of the case exposes an anomaly stemming from YL v Birmingham City [2007] UKHL 27, and the subsequent, partial legislative rollback of that ruling’s effect in defined categories of situation across specified cases (originally through section 145 Health and Social Care Act 2008 ( HSCA 2008), now replaced by the current provision CA 2014, s 73). In YL, the House of Lords, by a majority, determined that private care home operators and providers delivering community care were not performing a public function for the purposes of HRA 1998, s 6(3)(b). Significantly, the majority drew a...
Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 ( KB) What are the practical implications of this case? This decision serves as a clear reminder that CJCA 2015, s 57 is not engaged in every matter that, on first glance, appears to be a personal injury claim. The court held that the tort of false imprisonment is not a personal injury claim because its essence is the deprivation of liberty. The practical takeaway for claimants advancing multiple causes of action is to think carefully before adding a personal injury head to their pleadings. In this instance, Mr Reynolds included an assault claim which was properly dismissed for fundamental dishonesty, giving rise to costs consequences that influenced the false imprisonment claim. Although the court concluded that the false imprisonment claim neither could nor should be dismissed for fundamental dishonesty, the presence of the...
In the matter of an application by JR222 for Judicial Review ( Northern Ireland) [2024] UKSC 35 Background This appeal is concerned with the correct construction of IA 2005, s 13(1), a provision that permits the suspension of a public inquiry. At the relevant times to these proceedings, Muckamore Abbey Hospital delivered inpatient assessment and treatment services and care for vulnerable people with severe learning disabilities, mental health needs, and challenging behaviour. In 2017, claims surfaced of improper conduct towards, and abuse of, patients by members of Hospital staff at the Hospital. Independent examinations uncovered systemic shortcomings in safeguarding procedures and deficiencies in governance, which had then caused harm to patients. Those allegations also prompted an investigation by the Police Service of Northern Ireland ( PSNI). The Public Prosecution Service for Northern Ireland ( PPS) brought charges against the Appellant ( JR222), a former staff nurse at the...
Background The Fee- Paid Judicial Pension Scheme (‘ FPJPS’) was introduced in 2017, arising from the ruling in O’ Brien v Ministry of Justice [2013] UKSC 6. It broadly replicated the pension arrangements for salaried judges under the Judicial Pensions and Retirement Act 1993 (‘ JUPRA’) but, at launch, only awarded benefits for qualifying service from 7 April 2000 onwards. Following O’ Brien v Ministry of Justice ( Case C-432/17), FPJPS was revised to extend benefits to eligible service prior to 7 April 2000. The changes also allowed qualifying members to have benefits assessed under the Judicial Pensions Act 1981 (‘ JPA81’), whose provisions covered certain salaried judges with service before 31 March 1995. The Judicial Pension Scheme 2015 (‘ JPS15’), covering both salaried and fee-paid judges, began in 2015. In 2022, in response to concerns about recruiting and retaining judges, the Judicial Pension Scheme 2022 (‘...
Oracle Security Services Ltd v Barts Health NHS Trust and others [2024] EWHC 1201 ( TCC) What are the practical implications of this case? Mr Andrew Mitchell KC’s judgment offers significant clarification on how limitation periods operate in procurement challenges under PCR 2015, SI 2015/102, reg 92, confirming that the 30‑day window to issue proceedings starts on the very day the claimant acquires actual or constructive knowledge of the material facts, rather than the next day. For legal advisers, the ruling also highlights the imperative to act without delay on client instructions and pre‑action communications. As illustrated here, knowledge possessed by a claimant’s solicitor is attributed to the claimant, so solicitors must note any pertinent information received during pre‑action exchanges and calculate deadlines accordingly. The decision likewise stresses that contracting authorities and economic operators should clearly record when such information is provided, to...
In this issue: Brexit highlights Post- Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK- EU data adequacy The House of Lords European Affairs Committee ( EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑ EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic...
Tindall and another v Chief Constable of Thames Valley Police [2024] UKSC 33 Background For the purposes of the appeal, the facts are taken as follows. On 4 March 2014, Mr Kendall’s car hit a stretch of black ice on the A413, causing a skid, loss of control and a rollover into a ditch. After placing an emergency call, and worried about the road’s condition, he stood at the roadside, signalling approaching drivers to slow. Roughly twenty minutes later, police officers arrived. They began removing accident debris and erected a ‘ Police Slow’ sign. Having warned the officers about the hazardous state of the carriageway, Mr Kendall then went to hospital to be treated for injuries that were not life‑threatening. It is said that, had the police not appeared, he would have continued trying to warn other road users of the risk. Once the debris had been...
In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Judicial review State accountability and liability Subsidy control and State aid Public procurement Constitutional and administrative law Equality and human rights State security and intelligence Management and strategic planning Information law New and updated content Dates for your diary Trackers Latest Q& A Useful information Brexit highlights UKICE publishes report on Product Regulation and Metrology Bill The UK in a Changing Europe ( UKICE) has released a report on the Product Regulation and Metrology Bill, first introduced in the House of Lords on 4 September 2024. The Bill would empower UK ministers to align unilaterally with EU rules concerning products’ environmental impacts. Flagging numerous ‘known unknowns’, Joël Reland, Senior Researcher at UKICE, poses: ‘ Which EU laws fall within scope? How will these powers be used? By whom? To what end? On what principles? And what oversight will Parliament exercise?’. Parliamentary scrutiny is described as ‘crucial’ in addressing these issues. See: LNB News...
In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Public procurement Equality and human rights Constitutional and administrative law Subsidy control and State aid State security and intelligence Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Weekly summary of EU– UK TCA Specialised Committees' publications—8 October 2024. This digest sets out details of documents issued by the Specialised Committees created under the EU– UK Trade and Cooperation Agreement ( TCA) covering 2 to 8 October 2024. See: LNB News 08/10/2024 45. Brexit SIs Syria ( Sanctions) ( Overseas Territories) ( Amendment) Order 2024 SI 2024/986: This instrument revises the Syria ( Sanctions) ( Overseas Territories) Order 2020, SI 2020/1580, reflecting changes to the Syria (...
Editor’s note Welcome to the 2024 Public Law case law quarterly’s third issue, reflecting developments from the year’s third quarter in full. We open with the Supreme Court’s judgment in Lipton, where the Justices, in obiter remarks, expressed differing positions on if the post‑ Brexit retained EU law and assimilated frameworks govern claims predating IP‑completion day, or not. Next comes the Court of Justice’s decision in Alchaster, addressing how Member State courts are to approach fundamental rights, more broadly, when considering extradition to the UK. We also feature, in particular, the Court of Appeal’s ruling in Northumbrian Water, confirming there is no public law ‘duty of prescription’ at all concerning the publication of policies, and rejecting any reading of the Supreme Court’s decision in Lumba as having created such an obligation in law......
In this issue: Public Law case law quarterly— Q3 2024 Brexit highlights Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Public procurement Subsidy control and State aid Management and strategic planning Lex Talk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public Law case law quarterly— Q3 2024 The quarterly Public Law case law round-up sets out summaries and commentary on significant rulings gathered by the Lexis+® UK Public Law team each quarter. This issue spotlights, in particular: the Supreme Court’s obiter remarks on the applicability of retained EU law to events predating Brexit; an ECJ preliminary reference concerning extradition to the UK; and the Court of Appeal’s conclusion that public authorities are not obliged in public law to issue a policy describing the exercise of a discretion. See News Analysis: Public Law case law quarterly— Q3...
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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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