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PUBLIC LAW

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

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ARBITRATION

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...

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PRIVATE CLIENT

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 Sole traders, informal partnerships and outdated partnership deeds are common.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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NEWS

Bevan v Ministry of Defence [2025] EWHC 1145 ( KB) What are the practical implications of this case? This ruling is poised to become a key authority on handling acoustic shock claims within occupational environments. The court squarely endorsed the Grindleford Criteria, devised in Parker et al (2020) ( Parker, W. A. E., Parker, V. L., Parker, G., & Parker, A. J. (2020). Acoustic shock: an update review. The Journal of Laryngology & Otology, 134(10), 861–865), as the definitive framework for deciding whether an acoustic shock has occurred. Practitioners should be aware that claims resting solely on exposure—absent a specific acoustic event, close temporal onset of symptoms, sufficient symptomatology, and lateral consistency—are unlikely to succeed. The judgment confirms that establishing causation requires a demonstrable mechanism of injury. Generalised or ongoing noise will not meet the threshold in an acoustic shock claim; the claimant must show that their...

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NEWS

R (on the application of Ryan Castellucci) v Gender Recognition Panel and another [2025] EWCA Civ 167 What are the practical implications of this case? In this appeal, the Court of Appeal followed the Supreme Court’s lead in R ( Elan- Cane) v Secretary of State for the Home Department [2021] UKSC 56; [2023] AC 559, confirming that UK law does not recognise non-binary gender and that the courts should not strain statutory wording to secure such recognition. A reform of this scale is for Parliament, not the judiciary. Citing the Divisional Court, the judgment provides a notable overview of differing legal approaches to non-binary or third-gender status across countries both within and outside Europe. The Court observed that Parliament could, in future, introduce a non-binary category through the foreign law route in the GRA, or incorporate it into domestic law, following public...

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NEWS

On 29 May 2025, Employment Appeal Judge Akhlaq Choudhury indicated that the claimant’s employer would not automatically have known whether its rule to wear a mask was discriminatory towards individuals sharing the claimant’s philosophical belief in bodily autonomy. He noted that the worker himself was entirely neutral about whether others who held the same belief could or should wear a mask. The appeals judge concluded that there was no sufficiently close and direct link between the act of refusing to wear a mask and the belief itself that could give rise to any shared disadvantage......

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NEWS

In this issue: Brexit highlights Post- Brexit transition guidance State security and intelligence Constitutional and administrative law Equality and human rights Projects and infrastructure Public procurement Judicial review Information law Subsidy control and State aid Other Public Law news Free webinar: Judicial Review: Practice and Procedure Pt 1 Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Weekly summary of EU– UK TCA Specialised Committees’ publications—27 May 2025. This summary sets out materials issued by the Specialised Committees formed under the EU– UK Trade and Cooperation Agreement ( TCA) during 21–26 May 2025. See: LNB News 27/05/2025 13. Post- Brexit transition guidance Weekly digest of HMRC import, export and customs guidance—27 May 2025. An outline of revisions to HMRC import, export and...

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NEWS

R ( Grantchester Parish Council) v Greater Cambridge Partnership [2025] EWHC 923 ( Admin) What are the practical implications of this case? This was a highly atypical judicial review, because five witnesses gave oral testimony to resolve the single disputed issue of whether, in the terms alleged by the claimant, a local councillor made an oral commitment at an informal meeting. As might be expected, differing recollections across the witnesses meant the oral evidence was ultimately inconclusive. The court applied the practical guidance in Gestmin v Credit Suisse [2013] EWHC 3560 ( Comm)—guidance more often seen in commercial litigation—namely that a judge should place little, if any, reliance on what witnesses recall being said in meetings and conversations, and should instead anchor factual findings in contemporaneous documents and in known or probable facts. Accordingly, the court preferred the documentary record and the inherent...

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NEWS

Background to NISTA’s formation Bringing the NIC and IPA together tackles the entrenched gap between high-level planning and on-the-ground delivery that has long hindered major infrastructure schemes. This move is backed by strong evidence: the Construction Leadership Council reviewed 20,000 schemes and found that thorough front-end planning cut costs markedly and sped up completion. The NIC’s 2024 report also singled out the split between strategy and execution as a key cause of rising UK infrastructure costs. By merging, government intends to streamline infrastructure development, trim red tape, and strengthen coordination across all facets of delivery. NISTA’s role and potential impact NISTA’s brief goes well beyond tidying up structures. It will act as the focal point for both strategy and delivery, from shaping the ten-year infrastructure plan to advising on private finance and delivery practice. In priority places like the Oxford– Cambridge Growth Corridor, NISTA will plan in the...

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NEWS

In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial Review Equality and human rights Public procurement Information Law Subsidy control and State aid Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The inaugural UK– EU summit on 19 May 2025 concluded with a new strategic partnership, deepening the Withdrawal Agreement and the Trade and Cooperation Agreement. Core strands include a pledge to pursue a Sanitary and Phytosanitary Agreement, arrangements for UK involvement in the EU internal electricity market, and a deal to connect the UK and EU emissions trading schemes ( ETSs). A fresh Security and Defence Partnership was also settled, with annual summits to follow. See: LNB News 20/05/2025 45. Brexit SIs Persistent Organic Pollutants ( Amendment) ( No 3) Regulations 2025 SI 2025/605: This instrument updates assimilated direct legislation on persistent organic...

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NEWS

Background This appeal examines the breadth of the public’s access rights over Dartmoor under DCA 1985, s 10(1). The court was asked to decide whether that provision gives members of the public permission to erect tents or otherwise camp overnight on the Dartmoor Commons (the Commons). Section 10(1) states, in effect, that, subject to the Act and observance of any rules, regulations or byelaws in force for the commons, the public enjoys a right of access to the commons on foot or on horseback for the purpose of outdoor recreation. The Dartmoor National Park ( DNPA) was designated as a national park in 1951 under the National Parks and Access to the Countryside Act 1949 ( NPACA 1949). Within DNPA there are areas of moorland that are privately owned, yet other local people hold rights to place their livestock there. The...

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NEWS

In this issue: Brexit highlights Brexit SIs Constitutional and administrative law State security and intelligence Judicial review Equality and human rights Public procurement Subsidy control and State aid New and updated content Dates for your diary Trackers Useful information Brexit highlights Weekly round-up of EU- UK TCA Specialised Committees’ publications—13 May 2025. This summary covers items released by the Specialised Committees created under the EU- UK Trade and Cooperation Agreement ( TCA) between 8 May 2025 and 13 May 2025. See: LNB News 13/05/2025 27. Brexit SIs Phytosanitary Conditions ( Amendment) Regulations 2025 SI 2025/559: This instrument revises assimilated legislation concerning plant health and trade, exercised under powers in Regulation ( EU) 2016/2031 as applied to assimilated law. It takes effect in part on 30 May 2025 and in full on 8...

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NEWS

In this issue: Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Public procurement Information law Subsidy control and State aid Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit SIs REUL( RR) A 2023 SI Bulletin—latest drafts and sifting committee reports, 2 May 2025. The Commons select committees and the Lords Secondary Legislation Scrutiny Committee ( SLSC) oversee the sift required by the Retained EU Law ( Revocation and Reform) Act 2023. They examine proposed negative statutory instruments under REUL( RR) A 2023 and advise on the suitable parliamentary procedure before those instruments are laid before Parliament. The SLSC also undertakes routine scrutiny of all secondary legislation, including SIs that amend assimilated law. This bulletin...

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NEWS

Latest SLSC recommendations The SLSC has released its latest report: SLSC—23rd Report of Session 2024–5, 1 May 2025 Instruments of interest The Committee noted the Brexit-related instruments below as of interest, but did not draw them to the special attention of the House: Drivers’ Hours and Tachographs ( Amendment and Modification) Regulations 2025, SI 2025/402 Noise Emission in the Environment by Equipment for use Outdoors ( Amendment) ( Northern Ireland) Regulations, SI 2025/407 Additional conclusions are available here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 sets out a suite of delegated powers that enable the government and the devolved administrations to bring forward SIs to reform REUL and assimilated law......

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In this issue Brexit highlights Brexit statutory instruments Guidance on the post- Brexit transition Ukraine conflict Equality and human rights Constitutional and administrative law Public procurement Judicial review Information law State security and intelligence Subsidy control and State aid Daily and weekly news alerts Dates for your diary Trackers Useful information Brexit highlights Cabinet Office publishes joint statement on implementation of Windsor Framework The Cabinet Office and the European Commission released a joint statement after the Withdrawal Agreement Joint Committee met in London on 29 April 2025. It records progress so far on putting the Windsor Framework into effect, spanning agri-foods, trade, VAT and excise, alongside engagement with stakeholders. It further notes UK legislation providing legal certainty for EU citizens under the EU Settlement Scheme, the...

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NEWS

For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16 As many employers have self-contained, lockable toilets and no transgender employees, a significant number are pausing for the Equality and Human Rights Commission ( EHRC) to publish summer guidance before laying down internal rules on who may use which facilities, lawyers noted. However, organisations that must offer changing areas for staff, or operate from older premises with banks of cubicles, urinals and shared sinks — typically larger public sector bodies — cannot simply wait to see what becomes standard practice. Missteps risk tensions at work and potential employment tribunal claims, specialists cautioned. Much turns on the make-up of the workforce and whether your staff are likely to be affected, said Audrey Williams, partner at Keystone Law. She added that the Supreme Court’s conclusion that transgender people do not have a legal...

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NEWS

Sullivan v Isle of Wight Council [2025] EWCA Civ 379 Background The claimant sought employment with the respondent local authority. In that applicant capacity, she was not permitted to pursue a whistleblowing claim under the Employment Rights Act 1996 ( ERA 1996). She had applied, without success, for two posts with the respondent local authority. Following those rejections, she wrote to her Member of Parliament to set out her complaints, sending the respondent a copy of the letter. She relied on that correspondence as constituting her protected disclosure. Following its investigation, the respondent concluded there was no evidence of wrongdoing by staff, and the complaint was not upheld. The respondent further decided that, in the particular circumstances of the case, the standard option of a further review of her complaint would not be made available to...

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NEWS

On the morning of 17 April 2025, EHRC chair Kishwer Falkner said the regulator is ‘working at pace’ to deliver a refreshed code of conduct this summer, following the Supreme Court’s ruling that clarified transgender people do not have a legal entitlement to enter single‑sex spaces that match their chosen gender. In response to the judgment, legislators and employers have similarly been urged to revisit existing legal guidance and related policies. Kemi Badenoch, leader of the Conservative Party, stated that the Equality Act 2010 ( Eq A 2010) — the principal anti‑discrimination statute — and the Gender Recognition Act 2004 ought to be examined to ensure they prevent discrimination and do not enable ‘social engineering’. ‘ These laws were written more than 20 years ago, when the world was different. A lot of people are trying to change what the law means,’...

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NEWS

In this issue Equality and human rights Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Post- Brexit transition guidance Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information No Weekly Highlights on 24 April 2025 Equality and human rights Supreme Court rules that the Eq A 2010 terms ‘man’, ‘woman’ and ‘sex’ denote biological sex ( For Women Scotland Ltd v The Scottish Ministers). In For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, the UK Supreme Court unanimously concluded that these terms identify biological sex rather than ‘certificated sex’. The court determined that those holding a Gender Recognition Certificate ( GRC) are not included within the Eq A 2010...

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NEWS

Background This appeal concerns the Appellant’s challenge to the legality of statutory guidance from the Respondent, which treats a GRC confirming a person’s gender as female as bringing them within the Eq A 2010 definition of ‘woman’. The Gender Representation on Public Boards ( Scotland) Act 2018, an Act of the Scottish Parliament ( ASP 2018), sets targets to boost the share of women on public boards. Originally, ASP 2018 defined ‘woman’ to include those with the protected characteristic of gender reassignment: individuals living as women and proposing to undergo, undergoing, or having undergone a process of gender reassignment. In 2022, following a challenge by the Appellant ( FWS1), the Inner House held that this statutory definition was unlawful, as it addressed matters beyond the Scottish Parliament’s legislative competence. After FWS1, the Respondent published revised statutory guidance, which is now under...

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NEWS

What does the Guidance cover? The Guidance covers the following topic: Core principles of anonymisation and pseudonymisation The Guidance opens by affirming the core legal position: anonymised information lies beyond the reach of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), whereas pseudonymised information does not. The ICO then explains how this plays out in practice and the advantages linked to each category of data. It frames anonymisation as a personal data minimisation exercise, and pseudonymisation as a means of mitigating risk. Anonymisation involves transforming data so that the individuals to whom it pertains are not, or are no longer, identifiable. Under the UK GDPR, the standard is ‘effective’ anonymisation—reducing the chance of a person being identified to a sufficiently remote level, thereby severing any link between the information and the individual. Merely removing direct...

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NEWS

In this issue Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State security and intelligence Equality and human rights Judicial review Public procurement 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 Brexit SIs REUL( RR) A 2023 SI Bulletin—latest drafts and sifting committee reports, 4 April 2025. The Commons select committees and the House of Lords Secondary Legislation Scrutiny Committee ( SLSC) oversee the triage process under the Retained EU Law ( Revocation and Reform) Act 2023. They examine draft negative statutory instruments made under REUL( RR) A 2023 and advise on the suitable parliamentary route before instruments are laid. The SLSC also provides regular oversight of all secondary...

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NEWS

R (on the application of Amalgamated Smart Metering Ltd) v Rotherham Metropolitan Borough Council [2025] EWHC 97 ( Admin) What are the practical implications of this case? The court underscored that allowing extra time to bring a late judicial review is exceptional, not routine. Such extensions are seldom permitted. The court emphasised that any delay must be rigorously justified. Clear, prompt steps and proof of urgency are essential. Equilibrium between private rights and orderly public administration is central. This framework directs the court’s discretion in planning claims. The ruling also distilled two key points for planning judicial reviews issued after the six weeks challenge period. First, it reaffirmed the court’s approach to extensions set out in Thornton Hill Hotel: the claimant must demonstrate they acted with the greatest possible celerity in issuing a claim; and the court must strike a fair balance between the...

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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