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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Brexit headlines 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 Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Weekly digest of EU– UK TCA Specialised Committees’ publications—25 June 2024. A summary of material issued by the Specialised Committees created under the EU– UK Trade and Cooperation Agreement ( TCA) between 19 and 25 June 2024. See: LNB News 25/06/2024 24. Post- Brexit transition guidance Weekly digest of HMRC import, export and customs guidance—24 June 2024. An outline of amendments to HMRC import, export and customs guidance covering 18 to 24 June 2024. See: LNB News 24/06/2024...
Abbot v The Information Commissioner [2024] UKFTT 478 ( GRC) What are the practical implications of this case? This ruling mirrors the approach in other recent decisions on the operation of the exception to disclosure under EIR 2004, SI 2004/3391, reg 12(5)(b), again stressing the considerable weight that legal professional privilege carries within our justice system. It therefore highlights the obstacles applicants will encounter when attempting to access documents protected by legal professional privilege, and that only ‘special or unusual’ circumstances are likely to be sufficient for the public interest in disclosure to prevail over the interest in preserving legal professional privilege. That said, legal professional privilege was not the Tribunal’s only concern when concluding that EIR 2004, SI 2004/3391, reg 12(5)(b) applied. The Tribunal indicated that the exception would have been engaged even without legal professional privilege, particularly because releasing the material would not have added...
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 highlights principal, overarching Brexit news items. Weekly round-up of EU- UK TCA Specialised Committees’ publications—20 June 2024 A digest of releases from the Specialised Committees set up under the EU– UK Trade and Cooperation Agreement ( TCA) covering 12–19 June 2024. See: LNB News 20/06/2024 10. Post- Brexit transition guidance This section presents new and updated Brexit webpages and guidance addressing legal and practical changes. Weekly round-up of HMRC import, export and customs guidance—18 June 2024 Details of amendments to HMRC import, export and customs guidance for the period 10–18 June 2024. See: LNB News 18/06/2024 8. Editor’s picks—the practice area/sector view Key Brexit developments hand-selected by Lexis®+ lawyers from their own practice areas. Banking and Finance ISDA responds to joint Bo E and FCA...
In this issue: Brexit headlines Post- Brexit transition guidance State accountability and liability Judicial review Equality and human rights Information law Subsidy control and State aid Public sector contracts Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Weekly round-up of EU- UK TCA Specialised Committees’ publications—12 June 2024. This summary highlights items issued by the Specialised Committees created under the EU- UK Trade and Cooperation Agreement for 5–11 June 2024. See: LNB News 13/06/2024 32. Post- Brexit transition guidance Weekly round-up of HMRC import, export and customs guidance—18 June 2024. A digest of changes to HMRC import, export and customs materials from 10 June 2024 to 18 June 2024. See: LNB News 18/06/2024 8. State...
Pevensey Coastal Defence Ltd v Environment Agency [2024] EWHC 1435 ( TCC)) What are the practical implications of this case? This dispute is highly fact‑sensitive, largely focused on construing terms in a particular PFI contract. Nonetheless, some issues of broader interest arise from the circumstances prompting the claim and the treatment of clauses addressing adverse weather — here, the escalation in storm activity along the Sussex coast — within a PFI arrangement that began in 2000 and ends in 2025. Parties might scrutinise the Change Control Schedule wording in the judgment and decide whether to seek the same outcome recognised here (namely, that costs could be recoverable where there has been a material rise in storm incidents/adverse weather). In essence, the issue was whether the Change Control Schedule allowed recovery of extra costs from a material uptick in storm events. Similar PFI parties should review that...
Statutory consultation process challenge Kate Thomas, whose bid for elevation to circuit court judge was refused in 2021, is contesting the ‘statutory consultation’ stage through which the Judicial Appointments Commission ( JAC) seeks views from other judges on candidates’ suitability. On 13 June 2024, a three-judge panel granted permission for a review assessing the fairness of that procedure, its consistency with regulations on judicial appointments, and any breach of applicants’ right to a private life. The Master of the Rolls, Geoffrey Vos, observed there was ‘much to be said’ for the JAC’s contention that the confidentiality of references obtained via statutory consultation must be protected. Nevertheless, he considered that, in the exceptional circumstances of this case, the appellant’s criticisms of the process should be determined on the basis of all the evidence at a full judicial review hearing, rather than being disposed of at a...
AP v JP and another [2024] EWHC 1197 ( Fam) What are the practical implications of this case? The court characterised this as an ‘unfortunate’ and ‘unusual’ matter, the intricacy of which justified appointing an advocate to the court to assist. AP’s difficulties in securing legal recognition of his and JP’s ongoing relationship arose squarely from the terms of MCA 1973, s 11 as they applied at two particular moments in time. First, in 2009—the date of their initial marriage ceremony— MCA 1973, s 11(c) expressly provided that any purported marriage between two people of the same sex was void. That statutory bar in turn fundamentally unravelled AP’s first application, issued in 2018, for a declaration under section 55(1)(a) of the Family Law Act 1986 ( FLA 1986) that the 2009 marriage was ‘at its inception a valid marriage’ (emphasis added). In short, the...
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Draft Brexit SIs laid for sifting and sifting committee recommendations 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 features principal, cross-cutting Brexit news headlines. Weekly round-up of EU- UK TCA Specialised Committees’ publications—12 June 2024 This summary sets out details of publications issued by the Specialised Committees created under the EU- UK Trade and Cooperation Agreement ( TCA) for 5 June to 11 June 2024. See: LNB News 13/06/2024 32. Brexit SIs and sifting updates This section provides updates on the most recent final and draft Brexit SIs presented to Parliament, together with notices on proposed negative SIs submitted for...
Interpreting statutory language— Applying common law principles in the context of judicial review: R (on the application of LJ Fairburn & Son Ltd and others) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 65 ( Admin) What are the practical implications of this case? The decision explores how common law protections operate through statutory construction where property rights are interfered with, seemingly in the absence of an entitlement to compensation. When construing para [5(2)] of Schedule 3 to the Animal Health Act 1981 ( AHA1981), the court found the text sufficiently equivocal to justify giving the claimants the benefit of the doubt on the interpretative question. Accordingly, the claimants succeeded on their reading of the point in time at which compensation is engaged where birds are condemned for culling to contain the spread of Avian Influenza (‘ AI’). Put...
In this issue: Brexit SIs Post- Brexit transition guidance Constitutional law Equality and human rights Information law Subsidy control and State aid Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit SIs REUL( RR) A 2023 SI Bulletin—drafts laid for sifting on 22 May 2024 The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) equips relevant national authorities with a suite of powers to reshape retained EU law ( REUL) by using secondary legislation to amend, revoke, restate and/or replace assimilated provisions. Before certain statutory instruments—referred to here as ‘ REUL reform SIs’—are formally presented to Parliament, the Act requires an initial sifting stage to determine the correct parliamentary procedure. The sifting committees set out their...
R (on the application of Cambrian Offshore South West Ltd) v Norfolk County Council [2024] EWHC 1042 ( Admin) What are the practical implications of this case? Procurement professionals should remain constantly vigilant to identify and address potential conflicts of interest, both internally and within external bodies. They must apply robust procurement best practice, together with suitable audit measures and financial prudence, so that public funds are correctly and appropriately accounted for. The decision also assists those advising private contractors, underscoring the need to manage conflicts of interest properly within organisations to avoid non-recovery... What was the background? The project was supported by the European Regional Development Fund and governed by EU Regulation No 1303/2013. Norfolk County Council ( NCC) acted as the Managing Authority for the Programme, and the interested party ( OREC Ltd) was the Programme’s Lead Partner, contracting with 18 Project Partners. Cambrian...
Latest REUL reform SIs laid for sifting The SI below was presented for sifting on 22 May 2024: Companies Act 2006 ( Recognition of Third Country Qualifications and Practical Training) ( Amendment) Regulations 2024 A full list of all proposed negative procedure SIs under REUL( RR) A 2023 is accessible here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 provides a set of delegated powers enabling the government and devolved administrations to bring forward SIs to amend assimilated law. The principal legislative powers are contained in REUL( RR) A 2023, ss 11–16. The key procedural requirements (including parliamentary scrutiny arrangements) applicable to these instruments are set out in REUL( RR) A 2023, s 20 and Schs 4–5. Where the government intends to bring forward SIs......
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament 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, cross-cutting Brexit news headlines. Withdrawal Agreement Joint Committee publishes Annual Report 2023 The Withdrawal Agreement Joint Committee has issued its Annual Report 2023, the fourth UK– EU annual review of how the Withdrawal Agreement operated from 1 January to 31 December 2023. It records that the six Specialised Committees set up under the Agreement met during 2023, with further virtual and in‑person meetings held throughout the year on implementing the Agreement. The Committee emphasises that this programme of meetings and related engagement in 2023 evidences UK– EU dialogue and...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Equality and human rights Information law Subsidy control and State aid Public procurement Projects and infrastructure 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 Withdrawal Agreement Joint Committee publishes Annual Report 2023 The Withdrawal Agreement Joint Committee has released its Annual Report 2023, the fourth UK– EU annual overview of how the Withdrawal Agreement operated from 1 January to 31 December 2023. It records that the six Specialised Committees created under the Agreement met during 2023, alongside a number of virtual and in-person sessions across the year focused on the Agreement’s...
What is the background to IWA 2024? The Infrastructure ( Wales) Bill reached the Senedd on 12 June 2023, following a public consultation in April 2018 on proposed changes to the consenting of infrastructure in Wales. The Developments of National Significance ( DNS) regime was introduced in 2015. IWA 2024 replaces DNS with a ‘one-stop shop’ bringing together existing consent regimes for Wales and the territorial sea adjacent to Wales, which closely mirrors the DCO regime under the Planning Act 2008 ( PA 2008) in England. It establishes a new framework for ‘ Significant Infrastructure Projects’ ( SIPs), which are awarded a Welsh Infrastructure Consent ( WIC) by means of an Infrastructure Consent Order ( ICO). The Act’s aims are broadly to: improve consistency, certainty, prospects of success and the quality of applications, while reducing confusion and complexity. The......
Jump to: General Brexit headlines Brexit SIs and sifting updates 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 highlights the principal, cross‑cutting Brexit news items. New regulations complete commencement of REUL( RR) A 2023 — The Retained EU Law ( Revocation and Reform) Act 2023 ( Commencement No 2 and Saving Provisions) Regulations 2024, SI 2024/714, bring section 6 of the Retained EU Law ( Revocation and Reform) Act 2023 into effect on 1 October 2024. That provision amends section 6 of the European Union ( Withdrawal) Act 2018, introducing new court procedures for issues concerning assimilated law (and points of retained EU law where the facts pre‑date 2024). See: LNB News 29/05/2024 74. NIAC Chair writes letter on...
In this issue: General election Public procurement Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Equality and human rights Subsidy control and state aid Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information General election Bills receive Royal Assent ahead of 2024 general election The Prime Minister, Rishi Sunak, has sought and obtained the King’s consent to dissolve Parliament and has set a general election for 4 July 2024; Parliament will therefore be prorogued on 24 May 2024. The run-up to prorogation, referred to as the ‘wash-up’, is the stage when outstanding parliamentary business must be agreed by both Houses or will fall on dissolution. As confirmed by Penny Mordaunt MP on 23 May 2024, the Victims and...
Adam Tolley KC of Fountain Court Chambers, acting for the Home Secretary, contended that two police officers injured on duty who later became disabled should be prevented from using the Employment Tribunal to pursue disability discrimination claims. He told the court that such matters ought not to be heard by an employment tribunal but resolved in another forum instead, elsewhere. In other circumstances the officers might reasonably have qualified for a payment under regulation 12 of the Police Injury Benefit Regulations, yet that provision applies solely to officers who depart the force within 12 months of the injury. In the two cases, brought by N Clark of Derbyshire Constabulary and Michaela Bell of West Midlands Police, each maintains that their impairments emerged gradually over time and that they fell foul of the time bar. Tolley further argued they should not be...
HM Solicitor General v Trudi Ann Warner [2024] EWHC 918 ( KB) What are the practical implications of this case? There are numerous global issues driving sizeable demonstrations. Climate change is one such concern, prompting controversial protests across the world. These movements are likely to continue and may, in some instances, lead to criminal convictions. However, when protest activity is directed at, or situated around, criminal proceedings, it cannot simply be assumed to amount to contempt of court. The position depends entirely on the evidence of what, in fact, the protestors were doing during the protest. In this matter, Mr Justice Saini determined that the claim rested on a mischaracterisation of Ms Warner’s conduct that morning and failed to recognise that her placard conveyed essentially the same message commonly read by jurors on the Old Bailey plaque—something acknowledged by our highest courts as part of the...
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Draft Brexit SIs laid in Parliament 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 highlights the principal, overarching Brexit news items. The Foreign, Commonwealth & Development Office ( FCDO) has confirmed that the Withdrawal Agreement Joint Committee, on 16 May 2024, agreed two new decisions alongside a corrigendum. Decision No 1/2024 updates Joint Committee Decision No 1/2023 on the use of UK tariff rate quotas for imports into Northern Ireland. Decision No 2/2024 enables the inclusion of a newly adopted Union act in Annex 2 to the Windsor Framework, relating to Regulation ( EU) 2023/2419. Additionally, a corrigendum to Decision No 1/2023...
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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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