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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Public procurement Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Equality and human rights Subsidy control and state aid State security and intelligence Other Public Law updates Management and strategic planning Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Public procurement Cabinet Office announces 28 October 2024 as provisional go-live date for procurement regime The Government Commercial Function ( GCF) has set 28 October 2024 as the intended ‘go-live’ for the new procurement regime. The timing will be confirmed by commencement regulations, which the GCF expects to be made in May 2024. Procurements begun under the existing rules will still be governed by that legislation. This notice starts a six‑month preparation window; during it, a...
It speaks to the current moment that a study by the UN Environment Programme ( UNEP) and Columbia Law School’s Sabin Center for Climate Change recorded 2,180 climate change legal actions pending between 2020 and 2022. The number underscores the magnitude of the matter in legal terms. On 9 April 2024, the European Court of Human Rights ( ECt HR) delivered, for the first time, rulings in three distinct climate cases: Duarte Agostinho and Others v Portugal and 32 Others Verein Klima Seniorinnen Schweiz and Others v Switzerland Carême v France The ECt HR also set a landmark by becoming the first international court to grant a complaint brought by climate activists. Although two actions ( Agostinho and Carême) were struck out on procedural grounds, in all three matters the applicants alleged violations of human rights arising from states’ failures to take adequate measures to reduce...
What are the practical implications of this case? The key takeaway for local authorities is to ensure that relevant policy documents are reviewed at intervals so they keep pace with shifts in legislation and guidance, and to update policies so those developments are clearly mirrored. Westminster’s policy contained no express reference to the PSED. The judgment reaffirmed Lord Justice Mc Combe’s observations in R ( Bracking) [2013], All ER ( D) 75 ( Nov), namely that the PSED imposes a significant obligation on public authorities and sits at the centre of policy-making. It follows that explicit recognition of the PSED within policy texts is essential. The shortcomings extended further: the policy, introduced in 1990, failed to acknowledge numerous pertinent and more recent changes in statutory guidance. Where a policy confers discretion—and that will often be the case—it is essential that internal or published guidance is...
Both committees examined the following proposed negative SIs and made no recommendation to upgrade: Draft Weights and Measures ( Intoxicating Liquor) ( Amendment) Regulations 2024 Draft Health Claims ( Revocation) Regulations 2024 Latest ESIC recommendations The most recent ESIC report is: ESIC—3rd Report of Session 2023–24, 18 April 2024 Latest SLSC recommendations The most recent SLSC report is: SLSC—21st Report of Session 2023–24, 18 April 2024 Instruments drawn to the special attention of the House The SLSC highlighted the following Brexit-related instrument(s) as politically or legally significant and containing policy likely to be of interest: Windsor Framework ( Implementation) Regulations 2024, SI 2024/404 Official Controls ( Location of Border Control Posts) ( England) Regulations 2024, SI 2024/416 Additional conclusions are available here......
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Draft 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 presents the main, overarching Brexit news headlines. Brexit— EU Commission moves to open youth mobility talks The EU Commission has asked the EU Council for a mandate to begin discussions with the UK on a pact to ease youth mobility. Under the proposal, such an accord would help young people from the EU and the UK to study, work and live more readily across the UK and the EU. The Commission’s recommendation will now go before the Council and, if approved, the Commission would be authorised to start negotiations with the UK on youth mobility. The...
In this issue: Public Law case law quarterly Brexit SIs Post- Brexit transition guidance 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 New Q& A Useful information Public Law case law quarterly Public Law case law quarterly— Q1 2024 The Lexis+® Public Law team’s quarterly round-up presents key decisions and commentary from the last quarter. This issue features: a Court of Appeal ruling examining how redaction aligns with the duty of candour in judicial review; a Scottish judgment on when courts may refuse to give effect to a statutory provision; and a significant procurement case clarifying the threshold of ‘sufficiently serious’. See News Analysis: Public Law case law quarterly— Q1 2024... Brexit SIs Pressure Equipment ( Safety) ( Amendment) Regulations 2024 SI 2024/490: Made under powers in the Retained EU Law ( Revocation and Reform) Act 2023...
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 features refreshed and new Brexit webpages and guidance addressing legal and practical developments. Weekly roundup of HMRC import, export and customs guidance—8 April 2024 A summary of revisions to HMRC import, export and customs guidance for 2 April 2024 to 8 April 2024. See: LNB News 08/04/2024 14. Editor’s picks—the practice area/sector view Highlighted Brexit updates selected by Lexis+®UK lawyers from within their own specialisms. Financial Services FCA publishes Market Watch 78 The FCA has issued Market Watch 78. It sets out supervisory findings on the completeness and accuracy of instrument reference data ( IRD) under Commission Delegated Assimilated Regulation ( EU) 2017/585 ( UK RTS 23), of note to RIEs, MTFs, OTFs and SIs. See: LNB News...
In this issue: Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights State security and intelligence 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 Brexit SIs Cosmetic Products ( Restriction of Chemical Substances) Regulations 2024 ( SI 2024/455): Exercising legislative powers conferred by Regulation ( EC) 1223/2009 of the European Parliament and of the Council on cosmetic products, within the sphere of assimilated law, these Regulations amend a piece of assimilated direct legislation relating to consumer protection. They take effect on 22 April 2024. See: LNB News 04/04/2024 17. Post- Brexit transition guidance Weekly roundup of HMRC import, export and customs guidance—8 April 2024: Details of changes to HMRC...
Editor’s note Welcome to the inaugural 2024 issue of the Public Law case law quarterly, which reviews developments from the year’s opening quarter. We begin at the outset with an Administrative Court decision addressing a judicial review brought against recommendations attributed to the defendant Lord Chancellor in the Criminal Legal Aid Independent Review ( CLAIR) report, alongside, in particular, a ruling illustrating the court’s rigorous approach when the government attempts to place reliance on a policy paper. The Supreme Court material in this issue spans the court’s conclusion that the Mental Health Review Tribunal properly declined to discharge a patient and that the patient’s ongoing hospital detention complied with the law, together with a decision identifying the governing law for torts said to have been committed by the UK Security Service and the UK Secret Intelligence Service. The edition also surveys a series of...
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 contains key overarching Brexit news headlines and updates. Northern Ireland Assembly does not obtain cross-community approval in inaugural vote on EU law in Northern Ireland The Northern Ireland Assembly ( NIA) considered and held a vote on the inclusion, via the Joint Committee, of Regulation ( EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023—on the protection of geographical indications for craft and industrial goods and amending Regulation ( EU) 2017/1001 and Regulation ( EU) 2019/1753—into the Windsor Framework by the UK and the EU, in accordance with Article...
In this issue: Public procurement Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Subsidy control and State aid Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public procurement Procurement Policy Note provides updated Standard Selection Questionnaire The Cabinet Office has formally issued Procurement Policy Note 03/24: Standard Selection Questionnaire ( SQ) ( PPN 03/24), directing contracting authorities to the refreshed standard SQ and its linked accompanying statutory guidance materials for use. PPN 03/24 covers all contracting authorities in England, and contracting authorities in Wales and Northern Ireland carrying out wholly or mainly reserved functions, in each case when running above-threshold procurements within part 2 of the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102. The updated selection questions, along with any other amendments arising from PPN 03/24, must be adopted no later than three months from the...
XY v Secretary of State for the Home Department [2024] EWHC 81 ( Admin) What are the practical implications of this case? Despite clear authorities condemning reliance on undisclosed policies that conflict with published guidance—see R ( Lumba) v Secretary of State for the Home Department [2012] 1 AC 245—and affirming the constitutional requirement to communicate adverse administrative decisions so individuals can challenge them— R ( Anufrijeva) v Secretary of State for the Home Department and another [2004] 1 AC 604—the defendant in this case secretly halted decisions that ought to have been taken under the published policy. While no new legal principle emerges, the judgment serves as a prompt to practitioners that, notwithstanding the clarity of these authorities, judicial review may still be required and substantial steps taken to secure adequate disclosure of any concealed policies. It further warns against...
In this issue: Public procurement 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 Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public procurement Draft Procurement Regulations 2024 SI 2024/ Draft: These draft Regulations aim to give effect to the new public procurement framework created by the Procurement Act 2023 ( PA 2023). Many provisions prescribe detailed notice content so that organisations regulated by the PA 2023, referred to as contracting authorities, can run procurements in a manner that is open, transparent and informative, while also stating where and how those notices must be published. Additional elements place duties on...
No more Blank Spaces— Routine redaction of the names of junior civil servants is incompatible with the Duty of Candour ( R ( IAB & Others) v So S Home Department & Another) R ( IAB and others) v Secretary of State for the Home Department and Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 66 What are the practical implications of this case? This ruling means that when government departments disclose material in judicial review proceedings, the disclosing party can no longer, as a routine measure, remove the names of officials below SCS ( Senior Civil Service) level—covering about 98% of the Civil Service. The court observed that it will usually be acceptable to redact contact information where that is useful; otherwise, any such deletions must be justified, and permission obtained by applying in accordance with 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 presents the principal, overarching Brexit news items. Weekly round-up of EU- UK TCA Specialised Committees’ publications—20 March 2024. The summary sets out documents issued by the Specialised Committees created under the EU- UK Trade and Cooperation Agreement ( TCA) during 13–20 March 2024. See: LNB News 20/03/2024 69. Brexit SIs and sifting updates Here you will find the most recent made and draft Brexit SIs placed before Parliament, together with notices on proposed negative SIs submitted for sifting. Made Brexit SIs laid in...
The following proposed negative SI was reviewed by both committees with no suggestion to upgrade: Draft Pressure Equipment ( Safety) ( Amendment) Regulations 2024 The following proposed negative SI was examined by the ESIC with no upgrade advised: Draft Retained EU Law ( Revocation and Reform) Act 2023 ( Environment, Food and Rural Affairs) ( Revocation) Regulations 2024 Latest ESIC recommendations Here is the most recent ESIC report: ESIC—2nd Report of Session 2023–24, 21 March 2024 Latest SLSC recommendations Here is the latest SLSC report: SLSC—18th Report of Session 2023–24, 21 March 2024 Instruments drawn to the special attention of the House The SLSC drew the following Brexit-related instruments to the special attention of the House, noting their political or legal significance and policies likely to attract interest: Draft Plant Health ( Fees) ( England) and Official Controls ( Frequency of Checks) (...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Equality and human rights Judicial review 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 round-up of EU- UK TCA Specialised Committees’ publications—20 March 2024. This summary sets out items issued by the Specialised Committees constituted under the EU‑ UK Trade and Cooperation Agreement ( TCA) between 13 March 2024 and 20 March 2024. See: LNB News 20/03/2024 69. Brexit SIs REUL( RR) A 2023 SI Bulletin—drafts laid for sifting on 15 March 2024. The Retained EU Law ( Revocation and Reform) Act 2023 provides broad delegated powers,...
R (on the application of Law Society of England and Wales) v Lord Chancellor [2024] EWHC 155 ( Admin) What are the practical implications of this case? The Divisional Court stopped short of holding that the Lord Chancellor breached his statutory obligation under LASPO 2012, s 1. The Law Society failed to establish, on the balance of probabilities, that the criminal legal aid scheme is intrinsically so flawed and deficient that it will generate unfairness in at least a significant and identifiable cohort of cases, such that a contravention of LASPO 2012, s 1 is made out and established. The Court’s conclusion underscores that claimants mounting an ab ante challenge shoulder a heavy evidential load and must show a real, or at minimum impending, infringement of the pertinent legal duty to prevail and succeed. By the same token, the court set an equally exacting...
Latest REUL reform SIs laid for sifting On 19 March 2024, the following SI was submitted for sifting: Weights and Measures ( Intoxicating Liquor) ( Amendment) Regulations 2024 A comprehensive list of all proposed negative procedure SIs under REUL( RR) A 2023 is available here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 includes a suite of delegated powers enabling the government and the devolved administrations to bring forward SIs to revise REUL and assimilated legislation. The principal law-making powers are contained in REUL( RR) A 2023, ss 11–16. The key procedural obligations (including parliamentary scrutiny processes) for these instruments are provided in REUL( RR) A 2023, s 20 and Schs 4–5......
Dalston Projects Ltd and others v Secretary of State for Transport; Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWCA Civ 172 What are the practical implications of this case? This judgment will be of note to sanctions practitioners and, more broadly, to anyone with an interest in public law. Put plainly, the effect of the decision is that designated individuals (or those owning designated assets) must overcome an exceptionally demanding barrier if they are to persuade the court to lift their designation. Delivering the court’s reasons, Lord Justice Singh held that, once a person falls within the (wide) definition of an “involved person” for the purposes of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855, reg 6, there is a sufficient rational link for the classic proportionality exercise in Bank Mellat to be satisfied (see Bank Mellat v HM...
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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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