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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Other Risk & Compliance updates this week Question of the week Lex Talk®Risk & Compliance: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content Data protection Council of the EU approves protocol to facilitate free data flow with Japan The Council of the EU has signed off on a protocol designed to ease cross-border transfers of data between the EU and Japan. It will be annexed to the EU– Japan economic partnership agreement. The instrument seeks to bolster legal certainty, so that exchanges of information are not obstructed by unwarranted data localisation rules, while allowing both parties to benefit from the unhindered movement of data, in line with their respective frameworks on data protection and the digital economy. Businesses will be able to process information more efficiently without onerous administrative or storage...
See Q& A: Do the FCA and the SRA use the same metrics when judging PEPs? Under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, a politically exposed person ( PEP) is an individual entrusted with prominent public functions, excluding those who are middle-ranking or in more junior posts. Family member includes: the PEP’s spouse or civil partner the PEP’s children, and the spouses or civil partners of those children the PEP’s parents A known close associate means: a person known to share joint beneficial ownership of a legal entity or legal arrangement with a PEP, or otherwise to have close business relations with a PEP a person with sole beneficial ownership of a legal entity or legal arrangement that is known to have been...
Following the government’s February 2024 campaign to highlight the victims’ code—a practical guide assisting victims of crime to understand the services and support they are entitled to in the UK—the focus has shifted back to the misuse, or perceived misuse, of NDAs and their effects. On 28 March, the UK Ministry of Justice announced plans to introduce legislation to ensure victims are not prevented from accessing justice or essential support services. [1] The proposed reforms would render ‘gagging’ provisions unenforceable where they would stop victims providing information about actual or alleged criminal conduct to: the police or other prosecuting authorities qualified and regulated legal practitioners, or other support services operating under clear confidentiality principles, including, for example, counsellors, advocacy services and medical professionals This article examines the drivers for the proposed legislation, the Solicitors Regulation Authority’s ( SRA’s) warning notice on the use of...
The Commission engaged with firms on a set of eight principles designed to curb the prevalence of cookie banners shown to people on their first visit to sites, aiming to make cookie choices more straightforward for users. EU Justice Commissioner Didier Reynders unveiled the pledge in March 2023 and was due to confirm which companies would sign up at a consumer summit in Brussels. Although businesses broadly embraced the initiative, a Commission spokesperson said in an e-mailed statement that most stakeholders involved judged a voluntary path on digital advertising to be premature, given the very recent roll-out of new rules in this area, including the Digital Markets Act and the Digital Services Act......
The white-collar enforcement agency said in its report that it has adopted a strategic focus on preventing fraud, bribery and corruption. The approach prioritises streamlining its caseload, strengthening recruitment and retention, and deploying covert powers to secure evidence more quickly and build compelling cases in shorter timescales, as set out in the report. In the report’s opening, Ephgrave wrote that the SFO must be seen as a strong, dynamic, confident and pragmatic organisation. He added that this requires playing a greater role in the national drive to tackle fraud, ensuring SFO cases move at a faster pace, taking bold and pragmatic decisions on casework, and, ultimately, being regarded as the partner of choice both domestically and internationally......
Risk & Compliance weekly highlights—18 April 2024 In this issue: Risk & Compliance forecast Data protection Financial sanctions Other financial crime Daily and weekly news alerts Trackers New and updated content Risk & Compliance forecast Risk & Compliance forecast as at 16 April 2024 Our refreshed Risk & Compliance forecast (as at 16 April 2024) is now available. This month we cover: (1) the annual keeping of the roll exercise; (2) an update on the consultation into the effectiveness of the Money Laundering Regulations 2017; (3) progress on the Data Protection and Digital Information Bill; and (4) a new SRA consultation regarding the regulation of CILEX members. See News Analysis: Risk & Compliance forecast as at 16 April 2024. Data protection ICO launches consultation on accuracy of generative AI models The Information Commissioner’s Office ( ICO) has opened a...
Risk & Compliance forecast as at 16 April 2024 Our Risk and Compliance forecast, dated 16 April 2024, reviews forthcoming regulatory proposals relevant to risk and compliance, enabling you to plan for developments that could affect your organisation. You should examine the forecast thoroughly, as it outlines emerging changes; however, we have flagged a handful of matters that deserve attention and ought to be on your radar, summarised below for you. New items we’re tracking this month Annual keeping of the roll exercise—the SRA’s yearly keeping of the roll process is now open......
The EU General Court has set aside the first round of sanctions on Mikhail Fridman and Petr Aven, ruling that the evidence did not adequately demonstrate links to Vladimir Putin’s regime or efforts to destabilise Ukraine following Russia’s 2022 invasion. The pair—major shareholders in Alfa Group, the conglomerate behind the Russian heavyweight Alfa Bank—remain listed while their challenge to a subsequent package of measures, imposed in March 2023 after their designation, moves through the courts in a separate action. Lawyers suggest this early win may encourage some of the other 1,700 listed people and organisations with cases before the European court, especially where proceedings in England have fizzled out. Maria Nizzero, a financial crime and security specialist at the Royal United Services Institute think tank, said the decision marks a notable departure from UK court cases, where judges have shown marked deference to...
In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Question of the week Daily and weekly news alerts Trackers New and updated content Data protection ICO signs cross-border data protection and privacy enforcement agreement The Information Commissioner’s Office ( ICO) has entered a fresh multilateral international arrangement with the Global Cooperation Arrangement for Privacy Enforcement ( Global CAPE), enabling collaboration on cross-border privacy and data protection enforcement. This allows the ICO to support inquiries and share information with participating jurisdictions without the need for separate memoranda of understanding. Global CAPE’s participants include the United States, Australia, Canada, Mexico, Japan, the Republic of Korea, the Philippines, Singapore and Chinese Taipei. Global CAPE was established to complement the Asian Pacific Economic Cooperation Cross-border Privacy Rules ( APEC CBPR), which likewise facilitates co-operation and assistance in privacy and data...
See Q& A: What CDD challenges could remote working present? If your practice falls within the scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, you are required to meet the statutory obligations at all times, regardless of how or where you work. The coronavirus ( COVID-19) outbreak drove a broad move to remote working that largely persists; nevertheless, confirming who your client is and checking their identity remains essential and central to client due diligence ( CDD). Offenders did not stop during the pandemic and some attempted to exploit the circumstances. With remote and hybrid models enduring, many of the CDD issues first examined then are still pertinent, as criminals continue seeking opportunities to take advantage. You should factor the risks of...
Risk & Compliance weekly highlights—4 April 2024 In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Other Risk & Compliance updates this week Lex Talk®Risk & Compliance: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content Data protection The Information Commissioner’s Office has outlined its 2024–2025 programme to safeguard children’s privacy online. The refreshed Children’s Code strategy proposes default privacy on young users’ profiles, geolocation switched off and locked, targeted ads disabled, scrutiny of how recommender tools treat children’s searches, and oversight of data relating to under‑13s. The ICO also intends stronger cooperation with Ofcom and international regulators to raise UK standards for children’s data protection. See: LNB News 03/04/2024 39. Financial sanctions The Office of Financial Sanctions Implementation has revised General Licence INT/2023/3626884 concerning payments to Companies House. The update widens the licence by adding two additional permissions to the list of permitted payments linked to the...
Justice Secretary, Alex Chalk, has said the move is intended to end the 'murky world of non-disclosure agreements' Under plans to curb misuse of NDAs, those bound by confidentiality clauses would still be free to raise alleged criminality with key professionals and crime-fighting bodies. On 28 March 2024, Alex Chalk set out an ambition to end the ‘murky world’ where such agreements are used to conceal wrongdoing, adding that the reforms will make clear in law that gagging orders cannot lawfully be wielded against victims to block justice or silence them. Lawyers and the police Medical practitioners and counsellors Advocates and other organisations that investigate crime The change will not bite immediately; legislation will be brought forward ‘when parliamentary time allows’, the Ministry of Justice said. The Mo J also confirmed the bill will not capture NDAs signed before it secures royal...
In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other Risk & Compliance updates this week Question of the week Daily and weekly news alerts Trackers New and updated content Data protection Deadline for transitional arrangements allowing contracts to rely on 'old EU SCCs' for UK GDPR compliant international data transfers Under the UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), organisations sending personal data outside the UK on or after 21 March 2022 may use two sets of standard data protection clauses issued by the ICO as an ‘appropriate mechanism’: (a) the ICO’s International Data Transfer Agreement ( IDTA), or (b) the International Data Transfer Addendum ( UK Addendum). The UK Addendum permits the use of the standard contractual clauses adopted by Commission Decision ( EU) 2021/914 under the EU GDPR in...
What do online services likely to be accessed by children need to consider? The ICO issued a refreshed Opinion on age assurance for the Children’s Code in January 2024, a little over two years after the initial publication. The updated document emphasises that this field is fast-moving, still advancing and in flux, with the recent growth in AI use and the commencement of the OSA 2023 driving changes to the earlier text. Although Ofcom will oversee the OSA 2023, Ofcom will draw upon the ICO’s work undertaken since the Children’s Code was first produced, and the two regulators have been—and continue to be—working closely together on these matters. Between the first and revised editions, the ICO shaped its guidance through focus groups and engagement with innovators, specialists, technologists and organisations. It also carried out voluntary audits, reviewing how online services recognise risks to...
See Q& A: Our website displays staff names and images. Which legal basis should we use to process this personal information under the UK GDPR, and may employees also object?......
The latest measures further widen the already broad reach of sanctions on Russia. Importantly, certain additions pursue Europe-based individuals and entities suspected of sanctions evasion. This sits against a backdrop of Western governments closely scrutinising the effectiveness of sanctions on Russia and declaring an intention to ramp up enforcement against evaders. This article considers the expansion of sanctions from a UK viewpoint, with reference to the US and EU, and evaluates the UK government’s current steps to enhance the effectiveness of sanctions enforcement. Russia sanctions On 22 February 2024, the UK imposed over 50 new sanctions linked to the war in Ukraine, targeting core sources of Russian revenue and tightening controls on metals, diamonds and the energy trade. The following day, the US added more than 500 further sanctions targets in response to Russia’s invasion and the recent death of Russian opposition leader Alexei Navalny in a...
At a joint webcast meeting, the committees on economic affairs and on justice and home affairs voted overwhelmingly for a compromise on legislation earlier agreed by negotiators representing the Parliament and EU governments. The legislative package will set up a European authority to combat money laundering and the financing of terrorism......
Risk & Compliance forecast as at 19 March 2024 Our latest Risk & Compliance forecast dated 19 March 2024 outlines proposed regulatory developments relevant to risk & compliance, helping you prepare for changes that may impact your organisation. Please review the full detail carefully; key items to keep in view are summarised below. New items we’re tracking this month Consultation on the effectiveness of the MLR 2017—on 11 March 2024, HM Treasury commenced a consultation evaluating the effectiveness of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017). See: AML, CTF and counter-proliferation financing Survey on the cost of complying with the MLR 2017—in tandem with the consultation above, HM Treasury is conducting a survey on the costs of compliance with the MLR 2017. See: AML, CTF and...
Background On 23 February 2022, the Commission unveiled its proposal for a new Directive on corporate sustainability due diligence. The measure seeks to create a corporate sustainability due diligence duty, obliging companies to conduct checks across their supply chains to identify and then prevent, mitigate, or stop actual and potential adverse effects of their activities on human rights and the environment. The Corporate Sustainability Due Diligence Directive ( CSDDD) sits within a broader legislative framework on sustainable corporate governance alongside the EU Corporate Sustainability Reporting Directive ( Directive ( EU) 2022/2464), and complements measures in the EU Sustainable Finance Disclosure Regulation ( Regulation ( EU) 2019/2088) and the EU Taxonomy Regulation ( Regulation ( EU) 2020/852). Which companies are in scope? As provisionally agreed in December 2023, the CSDDD was initially intended to apply to EU companies with more than 500 employees and a net...
The new probe into an alleged investment scam run by the property developers Carlauren Group The fresh inquiry into a purported investment fraud linked to property developer Carlauren Group signals that the white-collar watchdog is zeroing in on sprawling, intricate domestic scams that have left tens of thousands short-changed. Prioritising fraud underscores the magnitude of the challenge confronting consumers across Britain, while also indicating that Ephgrave recognises the SFO must bring matters to a conclusion more rapidly. According to Alex Swan of Greenberg Traurig LLP, the director has plainly committed to tackling fraud and to sending a strong message that the SFO will not only chase what some see as ‘big ticket’ cross-border work, but will also safeguard members of the UK public who have been defrauded. This case follows a succession of arrests and searches executed by the SFO since Ephgrave succeeded Lisa Osofsky in...
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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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