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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The European Commission stated that Facebook’s owner exploited its power in social media to push Marketplace adverts on users, unlawfully linking the two products in breach of EU competition rules. The Commission said Facebook’s parent company had abused its dominance by doing so. The regulator further alleged the tech giant set unfair terms for other classified advertising firms wishing to market their services on Facebook, granting the company access to data from those rivals’ adverts to strengthen its own Marketplace proposition. Margrethe Vestager, Executive Vice- President of the Commission, said the practice breaches EU antitrust law and that Meta must now cease this behaviour. According to the Commission, Meta coupled its online classified adverts service, Facebook Marketplace, with its personal social network, Facebook, while imposing inequitable trading conditions on competing online classified ads providers......
In this issue: New technologies Information technology Internet Fintech Data protection Advertising, marketing and sponsorship Reputation management Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Smart contracts—where are we now and does AI have a role to play? Jonathan Gilmour, head of Derivatives & Structured Products, and Natalie Lewis, head of Fintech, Market Infrastructure & Payments, with partners Samuel Brewer, John Lee, James Longster & Richard Brown, senior associate Sarah Robinson, and associates Katie Fry- Paul & Toby Major ( Travers Smith LLP), examine current applications and constraints of smart contract technology in the setting of typical commercial agreements, and its possible interface with artificial intelligence ( AI). See News Analysis: Smart contracts—where are we now and does AI have a role to play? Ofcom publishes letter to online service providers on generative AI and chatbots Ofcom has released an open letter to online service providers operating in the UK...
In 2010, the lender became the first new high-street bank to launch in the UK for more than a century, but later fell foul of the FCA over shortcomings in financial crime controls dating back to 2016. Metro was hit with a £16.6m fine for failing to adequately monitor tens of millions of transactions valued at over £50bn. The deficiencies, which ran from June 2016 to December 2020, triggered a remediation programme that was only finalised in 2022. Nearly 1,500 suspicious activity reports were subsequently sent to the National Crime Agency, and the bank’s review resulted in 43 customer accounts being closed. Under the UK’s anti-money laundering regime, banks are required to submit suspected money laundering cases to the financial intelligence agency. Metro, which notified the regulator in 2019, has appeared on the FCA’s financial crime watchlist since June 2023 and was placed under...
Topalsson GMBH v Rolls- Royce Motor Cars Ltd [2024] EWCA Civ 1330 What are the practical implications of this case? This decision underscores the need for crisp, accurate drafting to prevent disputes arising from interpretative ambiguity. Lord Justice Coulson stressed giving primacy to the ‘words actually used’ in the contract to identify the parties’ genuine intentions when addressing questions of construction. Clear, unequivocal wording is vital in core clauses—particularly liability and contractual remedies—to avoid unforeseen consequences, financial or otherwise. The judgment also highlights the value of rigorous negotiation around limitations of liability and associated terms, so as to avert future difficulties. Parties should adopt a forward‑looking stance, setting out with precision how the rights and remedies in the agreement will operate in real‑world scenarios if triggered. More generally, the parties’ conduct can shape the court’s discretionary approach when resolving disputes and determining...
After a series of high-profile probes, several US technology firms have halted the training of generative AI systems across the 27 EU Member States in 2024 throughout the bloc. Supervisory authorities fear such training may breach the EU GDPR, as generative AI can ingest immense volumes of personal data without users’ consent or an appropriate legal basis. Building these models depends on sweeping up data from the public internet, spanning personal, non-personal and mixed datasets, much of it scraped from publicly accessible sources, including social media platforms, often at scale. This approach has triggered knotty debates about how data protection rules should be interpreted and enforced. How can AI providers develop generative models while fully honouring GDPR principles such as lawfulness, transparency and fairness, purpose limitation, data minimisation, storage limitation, accuracy, security and accountability? Authors and creators also face the pressing concern of whether these...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Telecommunications Lex Talk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Smart contracts—where are we now and does AI have a role to play? Samuel Brewer, John Lee, James Longster and Richard Brown, partners, together with Sarah Robinson, senior associate, Katie Fry- Paul and Toby Major, associates, plus Jonathan Gilmour, head of Derivatives & Structured Products, and Natalie Lewis, head of Fintech, Market Infrastructure & Payments, all at Travers Smith LLP, examine how smart contract technology is presently applied and where it falls short for typical commercial contracts, and consider its potential interface with artificial intelligence ( AI). The surge of attention on...
Amid the current spotlight on artificial intelligence—especially generative AI—smart contracts have slipped a little from view of late. Even so, they remain highly useful, and over time generative AI may work alongside them to further automate the contracting process even more, extending what can be handled without manual intervention. What is a smart contract and why use one? According to the Law Commission’s 2021 study, a ‘smart legal contract’ is a binding agreement where certain, or even all, obligations are expressed within, and/or executed automatically by, software. A commonly cited, easy-to-grasp illustration is the vending machine. When a person meets the conditions—choosing an item and paying—the machine fulfils the bargain by dispensing the selected treat. Smart contracts follow the same conditional logic: if X, then Y. In the vending example, X equals selection plus payment, and Y is the automated delivery of the chosen snack. This...
In this issue: Key developments and materials New technologies Internet Data protection Media Advertising, marketing and sponsorship Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information Key developments and materials Autumn Budget 2024—key TMT announcements In the 2024 Autumn Budget on 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out plans to publish an AI Opportunities Action Plan; enable claims for the Independent Film Tax Credit from April 2025; prolong the small and medium-sized enterprises taskforce; and launch a review into obstacles to transformative technologies. She also confirmed funding of £2bn for NHS innovation, £500m for Project Gigabit and the Shared Rural Network, £340m for the Single Intelligence Account settlement, £3m for the Creative Careers...
The watchdog’s decision According to the regulator, the major social network’s handling of information breached multiple provisions and infringed several articles of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). The ruling stems from a 2018 complaint lodged by the French non-profit organisation La Quadrature Du Net, and was initially submitted to the French Data Protection Authority ( CNIL). At that time, the group brought several complaints concerning Big Tech companies during the first week of the EU GDPR’s operation. Lawfulness of processing is central to data protection law, and processing personal data without an appropriate legal basis is a clear and serious breach of data subjects’ fundamental right to data protection, said the DPC’s deputy commissioner, Graham Doyle......
On 9 September 2024, Liberal Democrat life peer Lord Clement- Jones brought forward a fresh Private Member’s Bill in the House of Lords. The proposal aims to oversee how AI systems are used in public-sector decision making and related processes. Private Members’ Bills are draft laws typically tabled by MPs and peers who are not government ministers in Parliament. They provide a route for non-governmental parliamentarians to put forward legislation. While only a small number become law, such Bills can shape debates on specific issues and influence policy and legislation indirectly......
ESG context and glossary Regulators, investors, employees, other stakeholders, and society more broadly are propelling companies to engage with their ESG ( Environmental, Social, Governance) agenda. In recent years there has been a clear cultural shift towards a worldwide community with a heightened social and environmental conscience. Domestic and international laws, rules, policies, politics, and broad commercial pressures together place both explicit and implicit expectations on companies to get their ESG strategy right. Responsible organisations will recognise the notion of ‘greenwashing’: the practice of making false or overstated assertions about a company’s environmental credentials and the sustainability of its products, services and environmental impact, so as to seem more environmentally aware and less harmful to the planet. Yet corporate and consumer ethics now reach beyond the ‘ E’. They also reflect a call for openness, integrity, and for modern commerce to be enlisted as a driver of...
In this issue: New technologies Internet Media Advertising, marketing and sponsorship Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies European Commission seeks views on rules to create AI science advisory panel The European Commission is conducting a public consultation on a draft implementing measure intended to set up a scientific advisory group of independent AI specialists. This panel will provide technical guidance, support the implementation and enforcement of the EU AI Act, and warn the AI Office about risks arising from AI models. The consultation closes on 15 November 2024. See: LNB News 21/10/2024 6. Internet DSIT issues update to Online Safety Act 2023 impact assessment The Department for Science, Innovation and Technology ( DSIT) has released an impact assessment updating the Online Safety Act 2023 ( OSA 2023) final...
Reynders has said that online platforms face oversight under the EU’s digital framework and the customs union reforms, to make sure goods coming into the bloc comply with its safety requirements. He added that the EU Digital Services Act, Regulation ( EU) 2023/988 (the EU General Product Safety Regulations), and the customs union overhaul are vital to shield the EU from unfair competition by online marketplaces. ‘ Safeguarding consumers and ensuring marketplace compliance will continue as a core enforcement focus,’ Reynders stated on 21 October 2024 during a formal debate in the European Parliament’s plenary session. ‘ We take this duty seriously and will not hesitate to act decisively.’ The outgoing Commissioner explicitly named Chinese platforms Temu, Shein and Alibaba, as well as US-based Amazon, as among the companies that will need to......
In this issue: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information New technologies Council of the EU approves Cyber Resilience Act The Council of the EU has approved the Cyber Resilience Act, setting security obligations for products featuring digital components. It brings in harmonised EU rules on the design, development, manufacture and placing on the market of hardware and software, including use of the CE marking to signal compliance with safety benchmarks. The framework covers any product that connects, directly or indirectly, to another device or a network, and is designed to help consumers identify items with appropriate cybersecurity...
Parish v Wikimedia Foundation Inc [2024] EWHC 2301 ( KB) What are the practical implications of this case? This decision offers a concise, practical roadmap to the settled principles governing permission to serve proceedings beyond the jurisdiction. In doing so, the court offered structured guidance of direct use to practitioners. The judgment addresses, sequentially, all three requirements a claimant must satisfy to obtain permission to serve out, noting that the ‘ Forum Test’ was recast by DA 2013, s 9. More significantly, it is a pointed reminder of the obligation to provide full and frank disclosure of material matters on a without notice application, and the repercussions of neglecting that duty. Of particular interest is the court’s treatment of DA 2013, s 8, and whether two iterations of a Wikipedia page were materially alike. Despite stylistic differences, the defendant persuaded the court that the...
Kompaktwerk GMBH (a company incorporated under German law) v Liveperson Netherlands BV (a company incorporated under Dutch law) [2024] EWHC 2278 ( Comm) What are the practical implications of this case? Kompaktwerk v Live Person is the first judicial foray into whether the Saa S model can sit within the ‘sale of goods’ category. Historically, English law has not treated computer software as ‘goods’; however, after the Court of Justice decision in The Software Incubator v Computer Associates ( Case C410/19), it remained a live issue how English law would characterise software—and, in particular, how it would address the now‑dominant Saa S model. The court determined that a time‑bound subscription to Saa S is not a ‘sale’ and does not concern ‘goods’, a conclusion with broad reach. Although the ruling concerned the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (...
Why is vendor lock-in a particular problem in contracts for AI systems? The extent of this concern depends on the type of AI solution and the risk profile. When a standard, out-of-the-box model is deployed without bespoke elements, customers may experience less lock-in, as comparable alternatives are likely available on similar terms. However, where a bespoke model has been built for a customer, the significant effort and expense invested in training the underlying model on that customer’s data makes changing supplier complex, and there is no assurance another provider’s AI will produce equivalent results, even if trained on the same data. In addition, growing layers of internal governance and procurement procedures for AI can mean internal sign-offs add further delay to any move, making a switch less attractive unless the incumbent provider’s system is not performing as...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information New technologies TMT analysis: John Salmon, partner, and James Sharp, senior associate, at Hogan Lovells explore why vendor lock-in presents a distinct concern in AI system contracts. They assess vendors’ stances on customers holding IP in any customisation and the ability to deploy separable work product or know-how with alternative AI solutions. They further flag potential IP and competition law risks that can surface when allocating ownership or exclusivity for bespoke changes to an AI system, alongside practical challenges around technical feasibility. See News Analysis: Problem of vendor lock-in when customers are contracting with AI...
Motorola Mobility LLC and another v Ericsson Ltd and another [2024] EWCA Civ 1100 What are the practical implications of this case? Practitioners and industry participants engaged in negotiating SEP licences will note the relationship between FRAND licensing undertakings and the discretionary remedy of an interim injunction. The court offered helpful observations likely to matter in forthcoming FRAND contests: when assessing whether to grant injunctive relief for infringement of a UK patent, loss arising from a party’s pursuit of overseas patent rights through injunctive measures was not something to weigh, as expressly stated by the court in this decision for clarity......
Addressing the Times Tech Summit on 1 October 2024, Feryal Clark underlined that the route—be it new legislation or a change to existing policy—has not yet been determined, though she anticipated a conclusion in the coming weeks, by year-end, in the very near future. She added that both are vital to the UK economy, so the issue must be settled; it has persisted far longer than it should for all parties concerned......
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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...
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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