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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Farley v Paymaster (1836) Ltd, trading as Equiniti [2024] EWCA Civ 781 What are the practical implications of this case? By recognising that a person can suffer distress from non-compliant processing without needing to prove that a third party accessed or read their personal data, this judgment expands the scope for individuals to seek compensation for infringements of their data protection rights arising from a data breach involving their information. Claimants pursuing compensation for data breaches must be able to establish financial loss or distress resulting from the breach (section 13 of the Data Protection Act 2018 and Article 82 of Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR)). The Court of Appeal confirmed that distress may stem from processing that contravenes UK data protection law, irrespective of whether the personal data was...
Meta Platforms in talks with UK watchdogs over ad‑free subscription model Meta Platforms, the social‑media heavyweight behind Facebook, Instagram and Threads, is in discussions with the UK’s privacy and competition regulators about introducing a paid, no‑advertisements subscription, MLex has learnt. The company aims to win support for the rollout and avoid the difficulties it faced in the EU after unveiling a ‘consent or pay’ approach there in 2023. A Meta representative told MLex the firm is working constructively with the Information Commissioner’s Office on its subscriptions service and expects to provide further details in due course. There is understood to be no confirmed timetable for concluding the process. The initiative follows an ICO public consultation on its assessment of the pay‑or‑consent model, where people either opt for a free service funded by personalised advertising or pay a fee to remove adverts. The regulator has...
In this issue: New technologies Internet Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies X will halt the processing of personal data from EU and EEA users’ public posts for training its AI tool, ‘ Grok’, under an arrangement reached with the Irish Data Protection Commission ( DPC). The pause runs from 7 May to 1 August 2024. This agreement followed an urgent High Court application made by the Irish DPC pursuant to section 134 of the Irish Data Protection Act 2018 — the first occasion on which the DPC has exercised the powers available under that provision. Hearing the matter, Ms Justice Richards found that the protection of data subjects’ rights and freedoms across the EU and EEA sat at the centre of the case. See: LNB News 09/08/2024 12......
It is not only dedicated AI watchdogs drawing attention; financial legislators across Europe are now deeply engaged. In April 2024, the UK’s Financial Conduct Authority ( FCA) and the Bank of England set out strategic plans for supervising AI, and from January 2025 the EU’s Digital Operational Resilience Act will apply, bringing fresh duties to safeguard the robustness and security of technology systems, including AI. Data protection authorities have moved swiftly too, issuing guidance, opinions and enforcement measures. This piece summarises the principal laws and regulations applying to AI at fintech companies and offers practical suggestions on how to navigate them, and where to focus limited legal and compliance resources. Background AI has transformed fintech, driving major progress across use cases including fraud detection, anti‑money laundering, onboarding, personalised products and forecasting. Recent rapid advances present abundant opportunities, further boosting the efficiency, accuracy and...
Crypto Open Patent Alliance v Wright; Wright and another company v Coinbase Global Inc and other companies; Wright and another company v Payward, Inc and other companies and other cases [2024] EWHC 1809 ( Ch) What are the practical implications of this case? Applying settled principles, the court underlined the breadth and adaptability of injunctive relief, noting the existing authority that novel circumstances can justify new forms of injunction. It also addressed the imperative to act where the IP regime is being misused to choke creativity and technical progress, thereby defeating the system’s underlying purpose. The court was required to balance freedom of expression against the need to deter those minded to advance dishonest claims, while also weighing the prospective damage to legitimate commercial activity were relief to be withheld. Taken together, these considerations justified orders restraining the making or pursuit of claims or...
In this issue: New technologies Internet Media Advertising, marketing and sponsorship Telecommunications Technology sourcing 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 Crypto damages quantification—valuation at the date of breach or date of judgment? In Southgate v Graham [2024] EWHC 1692 ( Ch), the High Court considered an appeal from the County Court which, inter alia, questioned the correct date for assessing damages in a cryptocurrency loan dispute. At first instance, the County Court ruled that damages should be calculated by reference to the cryptocurrency’s fiat value as at the breach date. Given the cryptocurrency’s volatility, that approach would have produced a markedly lower award in fiat than if a later valuation point were used. The High Court allowed the appeal on the valuation-date issue and directed a further hearing to determine the appropriate date. Dan Wyatt and Christopher...
Background A verbal lending arrangement from June 2018 lies at the centre of the dispute. Southgate maintained he advanced 144 ETH—then worth roughly £50,000—to Graham, with a 10% uplift to be repaid. Graham argued the loan was for £50,000 in sterling, with ETH used merely as the vehicle for the transaction. When Graham did not repay the full amount, Southgate sought specific performance, requiring Graham to obtain and return the requisite ETH, or alternatively to pay damages equal to its value... County Court judgment and appeal The County Court preferred Southgate’s interpretation, concluding the agreement obliged repayment of 144 ETH plus 10% (158.4 ETH). As Graham had already paid the fiat equivalent of 42.7 ETH, 115.7 ETH remained outstanding. However, the court declined to order specific performance, citing the potential hardship of acquiring the remaining ETH and noting it ‘would do no more than set up [...
Crypto Open Patent Alliance v Wright; Wright and other companies v BTC Core and others [2024] EWHC 1198 ( Ch) What are the practical implications of this case? At the conclusion of the case earlier this year, Mr Justice Mellor stated that, over the course of the trial, Dr Wright had repeatedly and extensively misled the court and had fabricated documents said to substantiate his claim to be Satoshi Nakamoto. A central unresolved issue, however, concerned the injunctive relief to be imposed on Dr Wright. The not-for-profit COPA sought a series of injunctions intended to stop him from continuing to advance his false claims in proceedings against Bitcoin developers and others within the cryptocurrency community. The court’s ruling grants injunctions restraining Dr Wright (and the other claimants in the related claims) from bringing further proceedings, in this or other...
The European Commission has circulated a revised proposal for an EU Artificial Intelligence Liability Directive, intended to complement the new AI Act, to EU governments as well as lawmakers charged with examining it closely. The update, viewed by MLex, chiefly brings the AI Liability Directive into line with the AI Act’s final wording, the flagship statute passed earlier this year that sets out product-safety requirements for AI. However, fresh language could markedly widen the responsibility borne by those who deploy a risky AI application and bring it into actual operation. The aim of the AI Liability Directive is to standardise certain elements of court actions brought under national fault-based liability systems. Originally tabled by the commission in September 2022 (see here), the plan was paused while EU policymakers prioritised completing the AI Act......
The maker of Star Wars is contesting a December 2023 decision that a full trial is required to examine Tyburn Film Productions’ allegation that Lucasfilm needed its consent to ‘resurrect’ Peter Cushing as Grand Moff Tarkin in the 2016 film Rogue One. Cushing, a veteran of English cinema, died in 1994. Edmund Cullen KC of Maitland Chambers, acting for Lucasfilm, told Judge Tom Mitcheson at the High Court that the earlier judge erred when assessing its prior bid to fend off the case. He argued that Tyburn’s unjust enrichment claim should be struck out as ‘bizarre’ and ‘just weird’. He told the Court that the law does not allow Tyburn to sue for unjust enrichment merely because it was ‘tangentially involved’ in an alleged breach of a 1993 agreement between Cushing and Tyburn granting the production company rights to use his...
The Prudential Regulation Authority ( PRA) The Prudential Regulation Authority ( PRA), which oversees banks, building societies and credit unions, has granted Revolut New Co Ltd, the online banking subsidiary of Revolut Group Holdings Ltd, which states it has over 9m UK customers and 45m globally. Francesca Carlesi, UK Chief Executive of Revolut New Co Ltd, said: ' Today's announcement represents a major step forward for Revolut and for our customers ... It is a profound responsibility to be a bank in the UK, and we will work tirelessly to provide products and services'......
In this issue: New technologies Information technology Internet Data protection Media Reputation management Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies European Commission publishes information on the AI Pact The European Commission has shared details on the AI Pact. Following a call for interest in November 2023, the AI Office has moved forward with the Pact’s development, built on two pillars: ‘ Pillar I: gathering and exchanging with the AI Pact network’ and ‘ Pillar II: facilitating and communicating company pledges’. The AI Office is preparing the pledges; a final text will be unveiled and debated at a workshop in September 2024, with the goal of securing official signatures on the pledges in the latter half of...
The Consumer Protection Cooperation ( CPC) Network (which enforces EU consumer protection laws) The Consumer Protection Cooperation ( CPC) Network has informed Meta that it is worried about the firm’s demand that consumers either agree to their personal data being used for personalised advertising or pay for a subscription. The action, led by France’s consumer authority and co-ordinated by the commission, argues that the pay-or-consent model introduced in the EU in November 2024 may mislead people by using the word ‘free’, while Meta asks them to accept that it can generate revenue by using their personal data to display personalised ads. The CPC network lodged its complaint alongside the European Commission’s ongoing examination of whether Meta’s pay-or-consent approach satisfies the obligations of the EU Digital Markets Act ( DMA). That law requires Meta to secure users’ consent when it plans to combine or use their...
In the curious case of Fiona Harvey versus the streaming giant Netflix, the plot thickens. Netflix’s latest hit series ' Baby Reindeer' has set tongues wagging across the board. It charts comedian Richard Gadd (playing himself) and his real‑life ordeal with a stalker. Yet from the moment it aired earlier this year, weighty legal and ethical questions have hovered over privacy, commercial exploitation, and whether Netflix owed Ms Harvey a duty of care. Those debates centre on privacy, commercial exploitation, and the platform’s putative duty of care to Ms Harvey. Ms Harvey, reportedly the unwilling inspiration for ' Martha' in the programme, is not merely seeking the price of a subscription back; she is pursuing a $170m lawsuit. She alleges the show’s supposed failure to shield her identity caused defamation, negligence, intentional infliction of emotional distress, and infringements of the right of...
At the Court of Appeal, judges rejected Emotional Perception AI’s assertion that the technology behind its recommendation algorithm was ‘fundamentally different’ from accepted meanings of a ‘computer’ and a ‘computer’ programme. Writing for the court on 19 July 2024, Judge Colin Birss stated: ‘ The first point to make is that, however it is implemented, such a machine [an artificial neural network] is clearly a computer—it is a machine for processing information’. In turn, the court aligned with the Comptroller- General of Patents, Designs and Trade Marks that the Patent Act 1977 ( PA 1977) provisions excluding patentability for computer programmes applied to Emotional Perception’s invention. The judges also concluded that the judge at an earlier hearing was wrong to hold that the AI company’s artificial neural......
In this issue: Key developments and materials New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications Daily and weekly news alerts Dates for your diary Trackers Useful information Key developments and materials King’s Speech 2024—key TMT announcements His Majesty, King Charles III, outlined the administration’s priorities and intended measures for the forthcoming parliamentary term during the State Opening of Parliament on 17 July 2024. Central strands for TMT comprise creating fresh statutory frameworks to enable the growth and roll-out of cutting-edge data uses via the Digital Information and Smart Data Bill, strengthening the UK’s product safety and metrology regime through the Product Safety and Metrology Bill, and bringing in restrictions to curb advertising and brand presentation for vapes and consumer nicotine products under the Tobacco and Vape Bill. Rosie Burbidge, Partner at Gunnercooke LLP, comments on the Tobacco and Vape Bill. See: LNB News 17/07/2024 84. King’s Speech 2024— Key themes and...
The last government promised a voluntary code of practice clarifying how IP law intersects with AI, but it never materialised. The incoming Labour administration must tackle this and bring certainty to both creative and AI communities. Labour has signalled elements of its stance in its plan for arts, culture and creative industries, and, prior to Parliament’s dissolution ahead of the July 2024 general election, the House of Commons Science, Innovation and Technology Committee outlined steps it urged the next administration to adopt. We explore what the immediate agenda might entail now that Labour is set to govern... AI v IP? Many leading AI models, including the engines behind generative tools, are trained on publicly available material, often harvested from the web, much of which is covered by IP rights. The creative industries broadly argue that deploying IP-protected works to train models that may then...
An automated contract might see a smart refrigerator reorder milk the moment supplies run dry, or a production line seek out a missing part without a person placing the order. Yet this emerging method of contracting is already stirring considerable debate among policymakers and legal scholars. Conventional contract law has long presumed that people alone took the decisions. Consequently, the EU executive is weighing a possible regulatory response. The initiative remains at a very nascent stage, with officials commissioning a study ‘on novel forms of contracting in the digital economy’ and collecting broad stakeholder views, MLex has learnt. According to a letter from the Commission inviting a stakeholder’s input, seen by MLex, ‘the study assesses how far existing legal frameworks can support business models that use AI in contracting, while delivering legal certainty for companies and protecting the rights of all...
In this issue: New technologies Advertising, marketing and sponsorship Internet Media Telecommunications Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT announces restructuring aimed at better public service delivery The Department for Science, Innovation and Technology ( DSIT) has set out a significant expansion in remit and size. It will unite experts in data, digital tech and artificial intelligence from bodies including the Government Digital Service, the Central Digital and Data Office and the Incubator for AI. Bringing these teams together will focus efforts to digitally transform public services under one department and improve how people in Britain deal with government. DSIT will work with the Cabinet Office and the Treasury to maximise the use of digital technologies, data and innovation in delivering services to the...
GEMA v GL, Case C‑135/23 What are the practical implications of this case? The reach of the Court of Justice’s ruling is unclear. It could be read as finding that any property with a television or radio for short‑term lets (such as Air Bn B) communicates all broadcasts to the public. Consequently, a copyright licence would be needed before any EU premises can be let, or the television and radio removed. Unlikely the judgment covers a single one‑off short let, but the more a letting resembles a hotel, the likelier a licence is required. The line between those who must obtain a licence to let and those who do not remains uncertain. What was the background? There is a block of 18 apartments used for short‑term lets......
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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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