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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Miller v University of Bristol ( ET/1400780/2022) At the Bristol Employment Tribunal on 5 February 2024, it was determined that former University of Bristol political sociology professor David Miller’s anti‑ Zionist stance constitutes a belief meriting respect within a democratic society. Judge Rohan Pirani further concluded that the university’s choice to dismiss Miller was a disproportionate response to concerns about safeguarding its reputation amid criticism of his remarks. Emphasising academic freedom, Judge Pirani stated that a university should anticipate and withstand scrutiny and reputational turbulence arising when academics lawfully express and explore ideas connected to their scholarship and fields of expertise. According to the judgment, Miller served as a professor of political sociology from September 2018 until his dismissal in October 2021, which followed a surge of complaints regarding anti‑ Zionist comments he made earlier that year......
Jump to: General Brexit headlines Brexit SIs and sifting updates EU settlement scheme 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 headlines. Brexit Bulletin— NIO issues policy paper on safeguarding the Union. The Northern Ireland Office ( NIO) has released a policy paper on safeguarding the Union, intended to reinforce the UK Internal Market and the Union over the long term while enabling the UK to benefit from EU freedom. Building on the Windsor Framework, its seven chapters report on progress to date, outline a new package of measures, and set out the next steps. See: LNB News 31/01/2024 79. Brexit Bulletin— Withdrawal Agreement Joint Committee draft decision published. The Prime Minister’s Office, 10 Downing Street, has published the ‘ Draft...
In this issue: 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 Public procurement Subsidy control and State aid Management and strategic planning Lex Talk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Brexit Bulletin— NIO unveils policy paper on safeguarding the Union. The Northern Ireland Office has issued a policy paper intended to bolster the UK Internal Market and the Union for the long haul, whilst enabling the UK to benefit from EU freedom. Building on the Windsor Framework, it spans seven chapters, setting out progress so far, outlining a new suite 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 features key, overarching Brexit news items. DBT publishes first ‘ Retained EU Law ( REUL) parliamentary report’ The Department for Business and Trade has released the Retained EU Law ( REUL) parliamentary report for June to December 2023. It sets out the government’s progress in revoking and reshaping REUL, as well as plans for future revocations and reforms. DBT confirms this is the first in a series of reports to appear every six months until June 2026. The document outlines the three pillars of the Smarter Regulation programme and where REUL reform sits within it. These are:...
Phillips v The Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 ( Admin), [2024] All ER ( D) 49 ( Jan) What are the practical implications of this case? This ruling is among a number of recent first-instance judgments in which the Administrative Court has scrutinised the lawfulness of sanctions listings made under the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855 (the Russia Regulations). The broad approach the court ought to take to claims of this kind was the focus of submissions before the Court of Appeal in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs, at a hearing held between 17–19 January 2024, where judgment remains reserved. Until the Court of Appeal delivers its decision, practitioners must look to these first-instance decisions for direction. The ruling in Phillips also examines aspects of the legal...
In this issue: 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 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& As Useful information Brexit headlines DBT publishes Retained EU Law ( REUL) parliamentary report The Department for Business and Trade ( DBT) has released the Retained EU Law ( REUL) parliamentary report spanning June 2023 to December 2023. It charts the government’s work to revoke and reshape REUL and sets out intended future revocations and reforms. DBT also confirms this is the inaugural instalment in a sequence of six‑monthly publications running to June 2026. Opening sections describe the three pillars of the Smarter Regulation programme and how REUL changes align with them: cutting regulatory burdens and future‑proofing the UK framework; reserving regulation as the option of last...
On 22 January 2024, Employment Judge Jennifer Young concluded that Open University academics instigated a 'call to discriminate' against Professor Jo Phoenix by issuing an open letter opposing her gender-critical research network. That discriminatory letter in turn also triggered a 'pile-on' directed at Phoenix, Judge Young expressly observed. Phoenix v The Open University ( ET/3322700/2021 & 3323841/2021) The judge found the university failed to secure an appropriate working environment for Phoenix, leaving her to weather the backlash within the institution. This failure amounted to a breach of the implied term of trust and confidence in her contract and ultimately prompted her resignation. According to Judge Young, the Open University did not shield Phoenix from the 'negative campaign' that followed thereafter the launch of her research network because it 'did not want to be seen to give any kind of support to academics with gender...
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 overarching Brexit news headlines. Weekly round-up of EU- UK TCA Specialised Committees’ publications—16 January 2024 This summary outlines publications released by the Specialised Committees set up under the EU- UK Trade and Cooperation Agreement ( TCA) covering 10 to 16 January 2024. This week’s digest includes the agenda and minutes from the third meeting of the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development, the minutes from the third meeting of the Trade Specialised Committee on Customs Cooperation and Rules of Origin, the minutes of the second Civil Society Forum of the TCA, and the decision adopted by the Foreign,...
The NI Office ( Northern Ireland Office) has issued a statement from the Secretary of State for Northern Ireland, Chris Heaton- Harris, regarding the Northern Ireland Executive Formation Deadline. As stated by NI Office, the deadline to choose a......
In this edition: Brexit headlines Brexit SIs Post- Brexit transition guidance Coronavirus ( COVID-19) Constitutional and administrative law State accountability and liability Equality and human rights State security and intelligence Subsidy control and State aid Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines ESC releases first Special Report of Session 2023–2024. The European Scrutiny Committee ( ESC) has issued its opening Special Report for Session 2023–2024, setting out the government’s reply to the ESC’s 23rd Report of Session 2022–2023, arising from its inquiry into UK representation to the EU. Regarding publication of UK Mission to the European Union ( UKMis) activities and updates on UK– EU relations, the government pointed to the...
HXA v Surrey County Council and another party [2023] UKSC 52, [2023] All ER ( D) 97 ( Dec) What are the practical implications of this case? The decision clarifies that, as a general rule, a local authority does not assume responsibility merely by carrying out its child protection functions in the course of its work. The Supreme Court nevertheless confirmed that an authority may, in the context of its social work activities, assume responsibility to shield a child from harm. Any such assumption is not confined to occasions where the authority has secured a care order in respect of the child concerned. It is also unnecessary to demonstrate particular reliance by the child on anything the authority said or did in order to establish that responsibility was assumed towards them. The judgment is therefore materially helpful to local authorities, and to their...
Jump to: 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 Brexit SIs and sifting updates Here you will find the latest final and draft Brexit SIs presented to Parliament, together with updates on proposed negative SIs submitted for sifting. Made Brexit SIs laid in Parliament Data Protection ( Fundamental Rights and Freedoms) ( Amendment) Regulations 2023 SI 2023/1417: Made using powers in the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) in the context of Brexit. These Regulations alter one item of UK primary legislation and one piece of...
In this issue: Public Law case law quarterly Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Information law Subsidy control and State aid Daily and weekly news alerts Dates for your diary Trackers New and updated content New Q& As Useful information Public Law case law quarterly Public Law case law quarterly— Q4 2023 The Public Law case law quarterly sets out curated summaries and analysis of significant judgments prepared by the Public Law team each quarter. Standouts in this Q4 2023 issue include the Supreme Court ruling on the government’s ‘ Rwanda policy’, a Court of Justice decision linked to the Windsor Framework, a pivotal judgment concerning the Scottish devolution settlement, and judicial review matters addressing redaction and mandatory orders. See News Analysis: Public Law case law...
Editor’s note Welcome to the fourth issue of the Public Law case law quarterly for 2023, spanning the closing quarter of the year. This instalment opens with a Court of Justice decision on how penalties should be calculated for UK breaches of EU law under the Windsor Framework, alongside a constitutional law ruling from the Scottish Court of Session affirming the UK Government’s intervention under section 35 of the Scotland Act 1998 ( SA 1998) to stop Royal Assent for a Scottish Bill. Also featured are Supreme Court decisions, including the finding that the UK Government’s Rwanda policy concerning asylum seekers is unlawful, together with rulings on the scope of the duty in human rights law to investigate deaths occurring before the Human Rights Act 1998 ( HRA 1998) took effect, on the factors judges ought to weigh when deciding whether to grant a...
The House of Lords Secondary Legislation Scrutiny Committee ( SLSC) has released its seventh Report for the 2022–2023 Session. Items singled out for the House’s attention include Draft Data Reporting Services Regulations 2023, Draft Public Offers and Admissions to Trading Regulations 2023, Draft......
R (on the application of IAB and others) v Secretary of State for the Home Department and another [2023] EWHC 2930 ( Admin) What are the practical implications of this case? This important ruling (which may yet be appealed) appears to mark a shift in the Administrative Court’s approach to when it is acceptable to redact names in materials produced by the defendant on disclosure. It is delivered against a backdrop where, via social media and websites, documents used in litigation routinely become accessible to the public. Moreover, defendants at times feel compelled to carry out a comprehensive disclosure exercise (searching for documents) to convince claimants that they have fulfilled their duty of candour. Even so, Mr Justice Swift emphasised that the conduct of litigation should not be driven by fear of the baser instincts of a misguided minority (para [28]), and remarked that open debate about...
Virgin Enterprises Ltd v Brightline Holdings LLC [2023] EWHC 2240 ( Comm) What are the practical implications of this case? The decisive issue is how the contractual clause is construed and the meaning assigned to it when assessing whether a breach has occurred. The pertinent expressions in the TMLA were considered unclear, as they were neither defined nor terms of art with a settled, widely recognised meaning among marketing practitioners. Consequently, greater weight had to be given to the factual and commercial background: the overarching purpose of the clause and the agreement containing it; the facts and circumstances known or readily available to both parties at the time of contracting; and commercial common sense—more than is usually required when interpreting a professionally drafted commercial contract. For the defendant to prevail, it needed to demonstrate that the conditions for...
Campbell v NHS Business Services Authority [2023] EWCA Civ 1351 What are the practical implications of this case? This judgment confirms that the NHSBSA has been properly administering the 1995 section of the NHS Pension Scheme (the 1995 Scheme), and clarifies that the date of retirement from pensionable employment is extended where leave has accrued but remains untaken. The court went on to make observations about statutory interpretation, with particular emphasis on the nature and operation of ‘deeming’ provisions in practice. It also remarked that it would appear ‘odd’ to be receiving benefits in respect of an employment whilst, at the very same time, accruing further service and paying the contributions upon which those benefits are calculated. The aspect likely to attract the widest interest among litigants is the determination on costs. Ultimately, despite the claimant’s impecuniosity, and...
R (oao London Fluid System Technologies Ltd and others) [2023] EWHC 2206 ( Admin) The claimant company had participated in a disguised remuneration scheme and later concluded a settlement with HMRC. Subsequent to the Morse review of the loan charge and the launch of the 2020 disguised remuneration repayment scheme, the company sought a repayment, which HMRC declined. The claimants therefore commenced judicial review proceedings challenging HMRC’s decision, utilising the email service that HMRC introduced during the coronavirus ( COVID–19) pandemic. The claimant’s solicitor sent the claim forms to the email address of the solicitor already appointed to handle the matter, rather than to the address specified in the press release announcing the email facility. In doing so, he relied in particular on prior experience in three other judicial review cases in which HMRC had accepted that......
What is the background to the IPO’s Transformation Programme and what stage has the consultation process reached? The UK government unveiled the One IPO Transformation Programme (the Programme) on 22 April 2021. Its objective is to create a centralised, digital platform for administering all UK‑registered intellectual property ( IP) rights, renewing how the UK Intellectual Property Office ( IPO) delivers its services and internal processes, and ironing out unnecessary discrepancies in the treatment of different categories of IP rights. Between 3 November 2022 and 6 January 2023, the IPO conducted its first consultation on how the IP legal framework might be adapted to achieve the Programme’s proposed outcomes. That consultation had two strands, with Part A addressing the digitisation of IPO services and Part B examining the uniform operation of the IPO Tribunal ( Tribunal). It further permitted respondents to nominate...
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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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