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 Sole traders, informal partnerships and outdated partnership deeds are common.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
What are the practical implications of this case? Should the Court of Appeal’s position prevail and Fordham J’s approach be rejected, the bases for contesting policies through administrative law will be markedly narrowed. The so‑called ‘duty of prescription’—a duty to publish a policy indicating how discretion is to be exercised—now appears restricted to cases where a statute expressly requires it, or where such prescription is needed to satisfy the European Convention on Human Rights ( ECHR). Without those elements, it will not be possible to rely on any purported duty of prescription. It is helpful to recall why the duty was accepted in at least some contexts in Lumba. In that decision, Lord Dyson stated that, in certain situations, the rule of law requires an open and transparent statement by the executive of the circumstances in which broad statutory criteria will be applied ( Lumba at...
Original news Mr N ( CAS-44368- C3K1)—24 April 2024 Summary The Pensions Ombudsman has only partly supported a grievance concerning the recovery of a pension overpayment. Owing to an error, the Scheme did not cease a premature retirement payment once the full Scheme benefits commenced. A change of position defence was unavailable to the complainant, since he was not in good faith; he ought to have noticed that the premature retirement instalment continued. Nevertheless, the Ombudsman awarded compensation for significant distress and inconvenience because the Scheme’s correspondence was unduly combative and the mistake ought to have been identified sooner. The decision underscores that good faith is an essential component of any change of position defence. The Ombudsman also observed that the Scheme ought to have detected the problem earlier and moderated the tone of its...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Information law Subsidy control and State aid Public procurement 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 Brexit headlines EC advances action against UK over non-compliance with free movement. The European Commission ( EC) has confirmed it will issue a reasoned opinion ( INFR(2020)2202) to the United Kingdom, alleging a failure to meet EU law obligations on the free movement of EU citizens and their families—specifically the right to move and live freely across the territories of EU Member States under Article 45 of the Treaty on the...
Original news Mr G ( CAS-30170- T9C1)—27 June 2024 Summary The Pensions Ombudsman partly upheld a complaint about reclaiming a spouse’s pension overpayment that continued in error after the complainant remarried. Given repeated warnings in annual newsletters that the pension would cease on remarriage, the Ombudsman decided the complainant ought to have appreciated this, so a change of position defence was unavailable. There was no limitation bar: the Scheme could not reasonably have detected the mistake sooner, and time only began running much later when it was discovered. However, the Scheme committed maladministration by assuming Treasury guidelines obliged recovery in every instance. It fettered its discretion by failing to weigh hardship and by not considering whether Mr G had any repayment defences. The Scheme was therefore ordered to pay £500 to Mr G for significant distress and inconvenience. The...
Summary The Pensions Ombudsman has partly upheld a complaint about reclaiming an overpaid pension. The statutory Teachers’ Pension Scheme did not properly exercise its discretion under its rules or the general law of unjust enrichment, and proceeded as though Treasury guidance obliged recovery. It also breached section 91 of the Pensions Act 1995 ( PA 1995) by recovering the overpaid sums without first securing a court order. The determination underlines that pension schemes must give genuine consideration to any discretion available to them. What were the facts? Mrs L was a member of the Teachers’ Pension Scheme. She retired from the Scheme in 2010 and received both a lump sum and a pension......
Bailey v Stonewall Equality Ltd [2024] EAT 119 What are the practical implications of this judgment? The debate over gender‑critical beliefs, gender‑neutral approaches and trans rights remains intensely politicised and highly emotive, attracting substantial press attention and widespread social media coverage, and frequently prompting forceful commentary and scrutiny. This EAT judgment sets out HHJ Bourne’s interpretation of Eq A 2010, s 111—the statutory prohibition on instructing, causing or inducing contraventions in relation to Eq A 2010—and frames the questions a tribunal must address on causation and liability. According to the EAT: section 111 does not require any test of reasonable foreseeability once ‘but for’ causation is established, the issue is whether it is fair, reasonable or just to hold person A liable for person B’s contravention of the Eq A 2010 On the facts found, the EAT agreed that the employment tribunal had not erred in dismissing the...
In this issue: Brexit headlines Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial review Subsidy control and State aid Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines DBT publishes Assimilated EU Law Parliamentary Report The Department for Business and Trade ( DBT) has issued the Assimilated EU Law Parliamentary Report for January to June 2024. It charts the government’s work to repeal and reshape assimilated law and sets out forthcoming plans for further revocations and reforms. This is the second edition in a series to be released every six months until June 2026. The report begins with an update on the assimilated law dashboard, then details the revocations and reforms enacted in the period by the...
National Council for Civil Liberties, R ( On the Application of the National Council for Civil Liberties) v Secretary of State for the Home Department What are the practical implications of this case? Appreciating this judgment’s effect will assist practitioners guiding clients who may seek to contest both the vires of regulations and the fairness of an earlier consultation exercise. Ahead of introducing the new Regulations, the Government engaged with law enforcement about the operational consequences of reshaping the law to enlarge the definition of 'serious disruption' so that it encompassed anything 'more than minor'. However, it did not undertake broader consultation with the public or with other organisations or bodies that might have resisted the proposals, despite their adverse ramifications for the civil right of protest. Liberty advanced four grounds of challenge, namely: that the Regulations were ultra vires; that they were ultra vires...
Jump to: General Brexit headlines Editor's picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section contains key overarching Brexit news headlines. Weekly round-up of EU- UK TCA Specialised Committees’ publications—16 July 2024. This overview highlights publications released by the Specialised Committees formed under the EU- UK Trade and Cooperation Agreement between 10 July 2024 and 16 July 2024. See: LNB News 16/07/2024 71. Editor's picks—the practice area/sector view This section presents key Brexit updates selected by Lexis+®UK lawyers from their respective practice areas. Financial Services ESMA consults on draft RTS on order execution policies under Mi FID II. The consultation outlines criteria for investment firms to create and review the effectiveness of their order execution policies. Responses are invited by 16 October 2024. Drawing on stakeholder input, ESMA will finalise a report and send the...
R ( Care Northeast) v Northumberland County Council 2024 EWHC 1370 ( Admin) What are the practical implications of this case? The court sets out a rigorous roadmap for how a public body should exercise discretionary decision-making. The judgment offers a careful analysis of the method to be adopted when exercising such discretion. First, define the issue it must resolve; next, make suitable enquiries to underpin the choice; finally, provide adequate justification for the outcome. The ruling will aid practitioners in scrutinising decision-making procedures and documenting the rationale for choices made under an authority’s discretion, prior to starting a challenge. It also promotes swift engagement and questions about whether a decision is lawful. Where determinations on public finances and budgets could be affected, virtually no delay will be tolerated if a claim seeks to quash the decision. This framework will help ensure decisions are...
In this issue: King's Speech 2024 Case law quarterly Brexit headlines Constitutional and administrative law State accountability and liability Equality and human rights Subsidy control and State aid Public procurement Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King's Speech 2024 King's Speech 2024—key announcements for public lawyers At the State Opening of Parliament on 17 July 2024, His Majesty set out the government’s priorities and planned policies for the upcoming parliamentary session. The programme includes the Budget Responsibility Bill, National Wealth Fund Bill, The Crown Estate Bill, Border Security, Asylum and Immigration Bill, Draft Conversion Practices Bill, Holocaust Memorial Bill, English Devolution Bill, Hillsborough Law, Northern Ireland Legacy Legislation, House of Lords ( Hereditary Peers) Bill, Lords Spiritual ( Women) Act 2015 ( Extension) Bill, and the Digital Information and Smart Data Bill......
Editor’s note Welcome to the second edition of the Public Law case law quarterly for 2024, which reviews developments from the second quarter of the year. This instalment begins with a successful first instance judicial review of the Conservative government’s Carbon Budget Delivery Plan. It then turns to a first instance decision that the High Court lacks jurisdiction to entertain a judicial review of the Upper Tribunal’s ( UT) refusal of permission to appeal from the First- Tier Tribunal, a landmark ECt HR judgment on climate change, and the Supreme Court’s declaration that section 146 of the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992) is incompatible with the Article 11 Convention right. We also spotlight a housing judicial review where a council’s decision was found unlawful due to discrimination and breach of the Public Sector Equality Duty (...
Jump to: Post- Brexit transition guidance Editor’s picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information Post- Brexit transition guidance This area provides refreshed and newly issued Brexit webpages and guidance notes covering the legal and practical shifts. Weekly roundup of HMRC import, export and customs guidance—8 July 2024 A summary of changes to HMRC import, export and customs guidance spanning 1 July 2024 to 8 July 2024. See: LNB News 08/07/2024 2. Editor’s picks—the practice area/sector view Curated highlights of significant Brexit developments selected by Lexis+®UK lawyers within their specialist disciplines. Commercial Supreme Court clarifies status of accrued EU law rights in cancelled flight compensation claim appeal ( Lipton v BA Cityflyer Ltd) In Lipton ( Respondents) v BA Cityflyer Ltd ( Appellant), the Supreme Court unanimously rejected the appeal, deciding that a pilot’s illness prior to a 2018 flight did not constitute...
In this issue: General Election 2024 Post‑ Brexit transition guidance Constitutional and administrative law Judicial review Subsidy control and State aid Public procurement Management and strategic planning Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information General Election 2024 What does the new Labour government mean for public law? After the General Election on 4 July 2024, the UK has its first Labour administration since 2010. Early cabinet roles include Yvette Cooper as Home Secretary, Shabana Mahmood as Lord Chancellor and Justice Secretary, Lord Hermer KC as Attorney General, Bridget Phillipson and Anneliese Dodds as Ministers for Women and Equalities, and Ian Murray, Jo Stevens and Hilary Benn as the Secretaries of State for Scotland, Wales and Northern Ireland. We outline likely shifts from the new government by assessing headline Labour policies on public law set out before the vote. See News Analysis: What does the new...
Clayson and Others v Ministry of Justice and Another [2024] EAT 99 What are the practical implications of this case? This judgment underscores the difficulties that can emerge when evaluating complaints of less favourable treatment where the structure of pension provision has altered markedly over time. In short, the claimants argued that, upon the introduction of JUPRA from 1 April 1995, they should have enjoyed the same transitional protection as circuit judges already appointed before that date. The Employment Tribunal, however, found as a matter of fact that, for JUPRA’s purposes, the offices of recorder and circuit judge were distinct, and that if a pension scheme had then existed for fee‑paid (ie, part‑time) judges, including recorders, it would have been different from the JPA scheme. Such a scheme was later applied retrospectively for the claimants while they served as recorders, with benefits on terms...
Jump to: Editor's picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information Editor's picks—the practice area/sector view This section showcases key Brexit updates curated by Lexis+®UK lawyers from their respective practice areas. Life Sciences New EU clinical evaluation guidance for orphan medical devices Guidance on evaluating orphan medical devices clinically has been issued by the Medical Device Coordination Group ( MDCG). Regulation ( EU) 2017/745, the Medical Devices Regulations ( MDR), has raised the level of clinical evidence that is required to place medical devices on the market, including for orphan medical devices (ie devices or accessories for rare diseases). This creates difficulties for orphan devices, as small patient populations make meeting the higher clinical evidence threshold challenging, and the guidance acknowledges that manufacturers might need to depend more on post-market studies and non-clinical data to support adequately these products......
Background In September 2021, the Labour Party unveiled its programme for working people, titled ‘ A new deal for working people’, at the Labour Party Conference. Since then, the paper has been revised multiple times, culminating in the final text— Labour’s Plan to make work pay: Delivering a new deal for working people (the New Deal)—issued shortly before the manifesto’s publication in June 2024. The Labour Manifesto confirms the New Deal will be delivered in full. What has the Labour Party promised? Labour has committed to: Table legislation in Parliament within the first 100 days in office, including a new Employment Rights Bill Advance further primary and secondary legislation within the same 100-day period, consulting fully with employers, trade unions and workers on practical implementation before laws are passed Undertake a review of parental leave within the first year of a Labour...
In this issue: General Election 2024 Constitutional and administrative law Subsidy control and State aid Public procurement 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 General Election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges This News Analysis brings together 2024 General Election coverage by practice area, featuring expert commentary, Practical Guidance, news, analysis and journal content. See News Analysis: General Election 2024—parliamentary process, wash-up and manifesto pledges. Constitutional and administrative law Senedd Cymru ( Members and Elections) Act 2024 This Act sets out provisions relating to Members of the Senedd and their offices, Senedd Cymru constituencies, the returning and maintenance of Senedd Cymru, the Local Democracy and Boundary Commission for Wales, and associated purposes. It...
Parliamentary process On 22 May 2024, the Prime Minister, Rishi Sunak, asked the King to dissolve Parliament so a general election could take place on 4 July 2024, and the King consented. As a result, Parliament was prorogued on 24 May 2024 and formally dissolved on 30 May 2024. The parliamentary timetable is set out below: 22 May: The Prime Minister asked the King to use the prerogative to dissolve Parliament 22 May: King Charles approved the request and a general election was announced nationwide 23 May: ‘ Wash-up’ period begins 24 May: Parliament is prorogued 25 May: Pre-election period of sensitivity begins (previously known as ‘purdah’) 30 May: Parliament is dissolved 30 May: Pre-election period starts 4 July: General election 17 July: State Opening of Parliament For an explanation of the ‘wash-up’ period and the period of...
Jump to: General Brexit headlines Post- Brexit transition guidance Editor's picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section presents the principal Brexit news headlines. Weekly summary of EU– UK TCA Specialised Committees’ publications—25 June 2024 This digest sets out details of papers issued by the Specialised Committees created under the EU– UK Trade and Cooperation Agreement ( TCA) covering 19 June 2024 to 25 June 2024. See: LNB News 25/06/2024 24. Post- Brexit transition guidance This section hosts new and refreshed Brexit webpages and guidance addressing legal and practical changes. Weekly summary of HMRC import, export and customs guidance—24 June 2024 A note of updates to HMRC import, export and customs guidance for the period 18 June 2024 to 24 June 2024. See: LNB News 24/06/2024 13......
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
