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 Sole traders, informal partnerships and outdated partnership deeds are common.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
In this issue: General election announced for 4 July 2024 Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial review Equality and human rights State security and intelligence 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 General election announced for 4 July 2024 Prime Minister Rishi Sunak sought and obtained the King’s consent to dissolve Parliament, and has set a general election for 4 July 2024. Consequently, Parliament will be prorogued on 24 May 2024 and dissolved on 30 May 2024, in line with the Dissolution and Calling of Parliament Act 2022. This analysis examines the ramifications of the announcement for bills presently before parliament, as well as the effects on government and public bodies through to the election. See News Analysis: General election announced for 4 July 2024......
What has happened? The Prime Minister ( PM) has confirmed that the next UK general election will take place on 4 July 2024. This is the first such announcement since DCPA 2022 reinstated the Sovereign’s prerogative to dissolve Parliament on the PM’s advice. What follows is guided mainly by parliamentary convention rather than statute. The headline timetable is: 22 May — PM asked the King to dissolve Parliament 22 May — King Charles agreed; the election was announced to the country 23 May — ‘ Wash-up’ period starts 24 May — Parliament prorogued 25 May — Pre-election period of sensitivity begins (formerly ‘purdah’) 30 May — Parliament dissolved 30 May — Pre-election period begins 4 July — General Election What does ‘wash-up’ mean? ‘ Wash-up’ is the stretch between calling a general election and...
Karon Monaghan KC of Matrix Chambers, acting for the claimants, contended that the appellate court should overturn an Employment Appeal Tribunal ( EAT) decision which concluded that the tribunal could not entertain their discrimination claim. The claimants, former police officers N Clark of Derbyshire Constabulary and Michaela Bell of West Midlands Police—both forces based in central England—were the applicants. The EAT determined that regulation 12 of the Police ( Injury Benefit) Regulations, SI 2006/932, does not constitute a pension payment and therefore falls outside the jurisdiction of the employment courts. Regulation 12 provides for a lump-sum award to officers who suffer serious injury in the course of duty without fault on their part. However, Clark and Bell, each injured whilst serving and later acquiring significant disabilities, asked the Court of Appeal to reject the EAT’s conclusion and allow their challenge to...
Pady & Others (the FDA claimants) v HMRC, Foreign Commonwealth and Development Office and the Home Office [2024] EAT 73 The Employment Appeal Tribunal concluded that permitting the workers to pursue their case afresh, after a separate panel had rejected similar claims by other trade unions concerning the same scheme in 2022, would unfairly subject the government to repeated litigation on the same points. The cohort was known as the FDA claimants because they were represented by the First Division Association, a trade union for civil servants in senior and middle management. They were among several groups that brought claims relating to the Civil Service Compensation Scheme. The claimants contended that the scheme, which introduced a cap on redundancy and exit payments for staff approaching pension age, discriminated against them when compared with their younger colleagues......
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 Updated Practice Note Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section highlights the principal overarching Brexit news headlines. ESC publishes letter criticising EU- UK Gibraltar agreement The European Scrutiny Committee ( ESC) has issued a letter from its Chair, Sir William Cash, to the Foreign Minister, David Rutley, criticising the proposed EU- UK arrangement governing Gibraltar’s frontier with Spain. He maintains that the plans described by ministers during an evidence session on 30 April 2024 amount to a ‘serious diminution of UK sovereignty’. The correspondence also questions how UK nationals and...
Original news Professor G ( PO-17403) – 23 January 2024 Summary The DPO upheld a complaint about a public sector scheme that wrongly advised the complainant he could remain an active member past age 60. Suggesting he could, on an exceptional basis, continue to accrue benefits amounted to a negligent misrepresentation. It was also a breach of the duty to administer the scheme in line with the statutory regulations. The case serves as a reminder that scheme providers should not promise benefits that are not authorised by their scheme rules... What were the facts? Professor G became a deferred member of the NHS Pension Scheme (the Scheme) in 1985. NHS Business Service Authority ( NHS BSA) was the Scheme’s administrator. The NHS Pension Regulations 1995 (the Regulations), SI 1995/2008, stated that members could not accrue further pensionable service or pay contributions in the Scheme after age 60. In April...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review 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 headlines ESC publishes letter criticising EU- UK Gibraltar agreement The European Scrutiny Committee ( ESC) has released a letter from its Chair, Sir William Cash, to the Foreign Minister, David Rutley, setting out strong objections to the draft EU– UK arrangements for Gibraltar’s border with Spain. He argues the package presented by ministers at an evidence session on 30 April 2024 would amount to a ‘serious diminution of UK sovereignty’. The letter also probes how UK nationals and Gibraltarians would be processed were Schengen checks to operate at...
R ( TTT) v Michaela Community Schools Trust [2024] EWHC 843 ( Admin) What are the practical implications of this case? The ruling concerns a particular school with a secular ethos and an idiosyncratic disciplinary approach—often labelled the ‘strictest school in Britain’—together with a defined policy on prayer rituals that was introduced urgently by the headteacher and subsequently adopted by the governing body. Despite its specific context, the decision provides a valuable examination of the protections afforded by Article 9 of the ECHR, section 19 Eq A 2010 and section 149 Eq A 2010. It further illustrates how the court interrogates a school’s decision-making processes, including its treatment of relevant facts and legal questions. Understanding the court’s analysis will aid lawyers advising any educational institution, employer or service provider who must grapple with which restrictions may lawfully be placed on a pupil, employee or...
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 highlights the principal, cross-cutting Brexit news stories. The Foreign, Commonwealth and Development Office has issued the agenda for the 13th meeting of the Withdrawal Agreement Joint Committee, set for 16 May 2024, to be held both in person and via video conference. Items include: a stocktake of Specialised Committee activity from 29 September 2023 to 16 May 2024; an update on the Withdrawal Agreement pursuant to Article 164; citizens’ rights; the Windsor Framework; and acts for adoption by the Joint...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Coronavirus ( COVID-19) Constitutional and administrative law Judicial review Equality and human rights Information law 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 Useful information Brexit headlines Brexit Bulletin— FCDO releases the agenda for the 13th meeting of the Withdrawal Agreement Joint Committee. Scheduled for 16 May 2024, the session will run in person and via videoconference. Items slated include: a stocktake of Specialised Committee work from 29 September 2023 to 16 May 2024; an update on the Withdrawal Agreement under Article 164; citizens’ rights; the Windsor Framework; and measures to be adopted by the Joint...
Original news Dr Y ( CAS-37814- G1K9)—20 December 2023 Summary The DPO has partly turned down a complaint that a member was misled into leaving a pension scheme to avoid a lifetime allowance tax charge. It concluded there was no causal link between the scheme’s communications and the decision to opt out. The scheme had not provided advice or a recommendation. However, the scheme administrator was found to have committed maladministration due to delays in replying to the member’s complaint and by overpaying the retirement lump sum. The determination serves as a reminder that pension schemes should be cautious not to give advice or direct members towards any particular course of action. What were the facts? Dr Y was a member of the NHS Superannuation Scheme ( Scotland) (the Scheme). The Scottish Public Pensions Agency ( SPPA) administered the Scheme. In 2014 and 2016, SPPA wrote to Dr Y...
Background In March 2024, the Information Commissioner’s Office ( ICO) issued new guidance (the Guidance) explaining how it will determine penalty notices and set fines under the UK General Data Protection Regulation, the assimilated Regulation ( EU) 2016/679 ( UK GDPR), and the Data Protection Act 2018 ( DPA 2018) (collectively, the UK data protection laws). This Guidance replaces the penalty notice sections of the ICO Regulatory Action Policy from November 2018 and is far more detailed. It applies to all fresh cases concerning infringements of the UK data protection laws, and to ongoing matters where no notice of intent to impose a fine has yet been served... What are the key questions on which the Guidance provides greater clarity? The Guidance is divided into three sections: statutory background circumstances in which the ICO would consider a penalty notice...
Latest REUL reform SIs laid for sifting On 22 April 2024, the following SI was placed before the sifting process: The Health Claims ( Revocation) Regulations 2024 A complete list of proposed negative procedure SIs under REUL( RR) A 2023 can be found here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 provides a suite of delegated powers enabling the government and the devolved administrations to make SIs that reform REUL and assimilated law. The principal legislative powers are contained in REUL( RR) A 2023, ss 11–16. The key procedural requirements, including the arrangements for parliamentary scrutiny of these instruments, are set out in REUL( RR) A 2023, s 20 and Schedules 4–5......
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Equality and human rights State security and intelligence Information law 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 Brexit headlines Cabinet Office releases agenda for Windsor Framework Committee session. The Cabinet Office has issued the agenda for the Specialised Committee on the Implementation of the Windsor Framework, which met on 25 April 2024. Topics covered included delivering the Windsor Framework, the Joint Consultative Working Group, and engagement with stakeholders in Northern Ireland. See: LNB News 01/05/2024 75. Brexit SIs Protection of Trading Interests ( Authorisation) ( Amendment) Regulations 2024 ( SI 2024/559): Made using powers in Council Regulation ( EC) 2271/96 concerning assimilated law, this instrument updates UK secondary legislation relating to trade. It took effect on 25 April 2024. See: LNB News...
Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another [2024] EWHC 766 ( TCC) What are the practical implications of this case? This judgment stands as both a warning and a reference point for suppliers and contracting authorities on managing non-compliant tenders. For authorities, there are two principal lessons: Non-compliance can be complex to assess, so decisions must be robust, impartial and well-evidenced. The court placed weight on DWP’s structured approach, noting it mapped out and evaluated multiple options, which underpinned the finding that DWP acted lawfully and rationally when making the Decision. Clear, unambiguous tender documentation is essential. Although the court found entirely in DWP’s favour, shortcomings linked to its tender materials prolonged the mini-competition and fuelled the dispute. For example, it took 12 months and five versions of the Pricing Schedule before a...
Meade v (1) Westminister City Council (2) Social Work England ( ET Case No 2200179/2022, 2211483/2022) Employment Judge Richard Nicolle, in a remedy judgment released on 1 March 2024, decided that the social work regulator and Rachel Meade’s managers at the council must pay an injury to feelings sum of £40,000 together with aggravated damages. The judgment further makes the regulator liable for an additional £5,463 by way of exemplary damages. Nicolle J recorded that, in the tribunal’s view, every witness for the respondents failed to recognise that the claimant’s gender-critical beliefs were legitimate and views she was free to express, a failure which underpinned the awards made as clearly set out in the same published ruling......
Ghaoui v Waltham Forest London Borough Council [2024] EWCA Civ 405 What are the practical implications of this case? This decision offers down-to-earth direction for homelessness officers on handling human rights considerations when judging suitability, confirming that, even where human rights are engaged, the task remains essentially practical rather than a purely legal one. Officers should focus on pinpointing and balancing the pertinent factors as mandated by the Homelessness ( Suitability of Accommodation) ( England) Order 2012, SI 2012/2601, and take their cue from the statutory Homelessness Code of Guidance. Paragraph 1.28 of the Code imposes an obligation to consider human rights implications in the exercise of the authority’s powers. The exercise is not meant to be a piece of legal theorising, and the presence of EHCR principles does not require an officer to undertake a ‘structured human rights analysis’ for each...
R (on the application of the British Medical Association) v His Majesty’s Treasury and another; R (on the application of The Fire Brigades Union and others) v His Majesty’s Treasury and another [2024] EWCA Civ 355 What are the practical implications of this case? Barring any further appeal, the Court of Appeal’s ruling places the Mc Cloud Remedy’s costs on present scheme members, in the same way as other valuation components tied to member profiles (for example life expectancy and pay growth), rather than on scheme employers. Employers, together with the Exchequer, continue to shoulder variability from financial and technical assumptions, such as the discount rate and actuarial methods. Unsurprisingly, members are unlikely to view this favourably, particularly where it can fairly be said that the government’s own failure to avoid discriminatory treatment when setting up the new public sector pension...
Original news Mr D ( CAS-32978- T3X8)—17 October 2023 Summary The PO found in favour of a complaint challenging a pension scheme’s decision not to return overpaid employer contributions. It concluded the surplus should be refunded to the member’s employer, which in this case was the complainant’s incorporated company. No proof was provided of any arrangement assigning the entitlement to a refund to a successor employer. Nor was there a sufficient link between the amount owed to the complainant’s company and a liability the successor employer owed the scheme to permit the scheme to net the two amounts off. The PO’s ruling underlines how critical it is to identify the proper parties to a complaint. Accordingly, the refund could neither be redirected nor set off against unrelated sums... What were the facts? Mr D served as the principal director and shareholder of Tower House School Torbay Ltd (...
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 key, overarching Brexit developments. Brexit— The EU Commission has asked the EU Council to permit negotiations with the UK on a youth mobility agreement. The plan is intended to simplify opportunities for young EU and UK citizens to study, work and live across the UK and the EU. The Council will now consider the recommendation and, if endorsed, the Commission would be authorised to begin talks with the UK on youth mobility. See: LNB News 18/04/2024 81. Brexit SIs and sifting...
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
