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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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For more on significant movements in Information Law, consult Trackers—overview and, in particular, these key Practice Notes: Data ( Use and Access) Act—tracker UK e Privacy law reform—tracker The UK NIS Regulations—timeline ICO consultations tracker 2025 Additional trackers can be found within our EU Law practice area, including the following Practice Notes: EU GDPR—cross-border enforcement reforms—tracker EU e Privacy Directive—tracker EU Cybersecurity initiatives tracker The EU NIS 2 Directive—timeline EU GDPR— EDPB supranational level guidance tracker Further commentary and updates are delivered via our current awareness alerts and highlights. Select ‘ Create Alert’ on your ‘ Alerts’ tab and adjust your personal settings to subscribe. Confidential information What were the key developments in 2025? In the UK, section 17 of the Victims and Prisoners Act 2024 ( VPA 2024) commenced on 1 October 2025. This provision places on a...
For more on key TMT developments, consult these Practice Notes: UK artificial intelligence—tracker Media and digital tracker and telecoms— UK Online Safety Act 2023—tracker Adtech and programmatic advertising—tracker UK automated vehicles—tracker DABUS AI patent proceedings—tracker UK drones—tracker Further insights and analysis are available via our current awareness alerts and highlights. Select ' Create Alert' in your ' Alerts' tab and adjust your personal settings to subscribe. Artificial intelligence ( AI) What were the key developments in 2025? No movement on an AI Bill in the UK Despite earlier indications that the UK government would bring forward a targeted AI Bill in 2025, no overarching legislative framework emerged (although Lord Holmes of Richmond reintroduced his private AI ( Regulation) Bill in the House of Lords—see: LNB News 05/03/2025 28). Instead, the government largely retained its...
Statement follows in full. US creators launch ‘ Stealing Isn’t Innovation’ campaign targeting tech companies’ sweeping theft of copyrighted works. The effort spotlights harm to American creators and US jobs, economic growth, and the country’s international standing. Washington, DC (22 January 2026) — The Human Artistry Campaign has unveiled an advocacy initiative representing a wide cross-section of the American creative community to challenge Big Tech’s unlawful mass harvesting of copyrighted material to build and fuel their Gen AI platforms. In the scramble to lead the new Gen AI frontier, profit-seeking technology firms — from some of the richest companies on the planet to private equity–backed ventures — have copied vast amounts of creative content online without authorisation or paying the people who made it. This large-scale rip-off endangers US employment, stifles growth, and weakens the global ‘soft power’ long underpinned by the US...
The EU may have assembled one of the globe’s most sweeping and robust digital regulatory rulebooks, yet it is currently under fire from critics for allegedly failing to curb the use of X’s Grok chatbot to produce sexualised deepfakes of individuals without consent. In reply, the EU’s digital chief, Henna Virkkunen, said the European Commission is weighing fresh prohibitions on AI-generated material within its flagship AI legislation. Specialists and European legislators argue that, although the EU could supplement its content‑moderation statute and related rules, the priority should be to make current provisions operate together much more swiftly and coherently and effectively when AI-fuelled harm unfolds in real time. X disclosed last week that it will prevent Grok from generating non‑consensual sexualised pictures of people, after widespread public fury and regulatory moves worldwide that included bans in Malaysia and Indonesia, a probe by the UK’s...
Abraaj Investment Management Ltd (in liquidation) and other companies v Kes Power Ltd and others [2026] EWHC 65 ( Comm) What are the practical implications of this case? The recent High Court judgment in Abraaj Investment Management v Kes Power closely analyses assignment principles within secured lending. In particular, the court considers when estoppel can aid a lender confronted with defective or uncertain security. The ruling also explores several adjacent issues: the potential for assignments to be implied, whether ‘no assignment’ clauses are tempered by a reasonableness qualification, and matters of consideration in acknowledgements of notice. While estoppel provided the lender with a solution on the facts, the decision emphatically reinforces a fundamental point: only the entity to which the debt is actually owed should be the assignor. The realities of group operations can obscure the true creditor, meaning it is not always obvious which...
The High Court said it could not quash a November 2024 order by the Secretary of State for Science, Innovation and Technology, which made it law that US performers are not entitled to 'equitable remuneration' when their sound recordings are broadcast to the public in the UK. The American Federation of Musicians of the United States and Canada and SAG- AFTRA contended the order breached the UK's obligations under international law and ought to be set aside. The court disagreed, stressing that treaties do not form part of English law unless and until Parliament incorporates them through legislation. Justice Stephen Males warned that, if the position were otherwise, the executive could effectively legislate by entering treaties, eroding parliamentary sovereignty. On that basis, the unions' challenge was held to be non-justiciable, as success would require the court to construe and give domestic effect to...
Telecom operators and other priority sectors such as cloud service providers, medical device manufacturers and chipmakers According to an EU proposal unveiled on 20 January 2026, telecoms, alongside key industries including cloud providers, makers of medical devices and semiconductor firms, will be subject to mandatory measures to separate their supply chains from high-risk suppliers. The updated Cybersecurity Act ( CSA 2) sets out a mechanism enabling critical entities to bar from their IT supply lines any vendors tied to hostile states — for example China’s Huawei — to avert espionage threats, hidden kill-switches and harmful strategic reliance. Since 2020, the European Commission has urged Member States to phase out lower-cost equipment suppliers like Huawei and ZTE from next-generation mobile networks through a voluntary instrument dubbed the 5G toolbox. However, the Commission’s top brass, including Executive Vice- President Henna Virkkunen, became...
New technologies In this issue: New technologies Internet Advertising, marketing and sponsorship Media Information technology 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 MLex reports that the UK’s creative industries will be able to access a nationwide marketplace to licence digital content, with a government pilot scheduled to begin at the end of January 2026, according to the Department of Culture, Media and Sport. The Secretary of State for Science, Innovation and Technology and the Secretary of State for Culture, Media and Sport also indicated that the AI copyright consultation working groups are set to meet again in February. They further noted there is presently no solution on an opt-out mechanism that would allow rights holders to exclude their...
Parliament was told by DCMS that the UK government will run a pilot of its Creative Content Exchange from January 2026, offering creators a route to licence their material for AI training. The broader consultation on AI and copyright will add further sessions, yet there remains no practical solution in sight for the government’s favoured model, which it believes would strike a balance between creators’ rights and the needs of AI developers seeking up-to-date datasets. Ruth Hannant, DCMS’ Director General for Policy, told the House of Lords Communications and Digital Committee that the exchange, trailed in summer 2025, will operate for 12 months from January 2026 with a review halfway through. She said the initiative is experimental, with a test-and-learn approach, and stressed that the state-backed platform is not intended to supplant existing marketplaces. However, growing worries suggest it could dampen...
In this issue: New technologies Internet Data protection Media Telecommunications Lex Talk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Useful information New technologies EU countries seeking position on EU AI Act amendments by April MLex: Following early legislative discussions, EU member states are working towards settling on a common negotiating stance by late March or early April 2026 for changes to the EU AI Act. Efforts to drop the registration obligation are dividing countries, while reservations and requests for further clarity persist on measures to tackle biases, enhance AI literacy and centralise parts of the enforcement framework. See: EU countries seeking position on AI Act amendments by April. Internet Cyberflashing becomes priority offence under the Online Safety Act 2023 The Department for Science, Innovation and Technology and the Home Office have confirmed that cyberflashing will be treated as a priority offence under the Online Safety Act 2023 ( OSA...
In this issue: New technologies Information technology 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 Automated Vehicles Act 2024 ( Commencement No 1) Regulations 2025 SI 2025/1339: These Regulations bring specified parts and provisions of the Automated Vehicles Act 2024 ( AVA 2024) into force on 1 January 2026. See: LNB News 18/12/2025 18. Ofcom sets out how AI chatbots are overseen under the UK Online Safety Act: Ofcom has released a guide on the application of the Online Safety Act 2023 ( OSA 2023) to AI chatbots, detailing when chatbot service providers must evaluate and mitigate risks to users, with particular focus on...
On Wednesday 3 December, the Advertising Standards Authority ( ASA) released three compelling rulings concerning fashion advertising. They arrive in the wake of the Competition and Markets Authority ( CMA) probes into ASOS, Boo Hoo and George at Asda (see: LNB News 29/07/2022 38) and the regulator’s later guidance on environmental claims for fashion (see News Analysis: Updated CAP guidance—the environment—misleading claims and social responsibility in advertising). The latest ASA outcomes illustrate the self-regulatory body backing the statutory regulator by ‘seamlessly’ carrying its policy across the fashion sector. Moreover, this trio shows the ASA deploying its much-vaunted Active Ad Monitoring system to concentrate resources on issues it judges significant, rather than simply dancing to the tune of competitors, the media or special interest groups. This piece is by Brinsley Dresden, partner and co-head of advertising and marketing at Lewis Silkin LLP. For further detail on...
The case for reform The To R begin by asserting that the existing framework under the Consumer Protection Act 1987 (the CPA) ‘…is no longer fit for purpose…’. This is expressed more emphatically than earlier communications from the Law Commission. At this preliminary stage, its stance appears to be that the issue is not ‘if’ reform is required, but ‘how’ it should be achieved. Clear echoes to the EU reforms The To R carry unmistakeable parallels with the recent EU overhaul set out in the new Product Liability Directive ( EU) 2024/2853 (currently in the implementation phase across EU Member States—read more here): Of particular note, the Law Commission indicates it will consider whether: the ‘burden of proof for claimants to bring a successful claim is too onerous’—might the Law Commission also be contemplating introducing ‘rebuttable presumptions’ regarding defect and/or causation?......
The Court of Appeal agreed The Court of Appeal confirmed that an earlier arrangement Peter Cushing made before his death, granting Tyburn Film Productions the right to digitally ‘resurrect’ him after 1994 to finish a different film, had no impact on the Cushing estate’s deal with Lucasfilm. As the judges could find no right transferred between Tyburn and Lucasfilm, there was no basis for saying Lucasfilm was ‘unjustly enriched’ at Tyburn’s expense, the court ruled. The judgment observed that the point at which a defendant’s enrichment is at a claimant’s expense remains uncertain, and that drawing the boundary between sound and defective claims is often difficult; this was not the moment to attempt to resolve it. At most, the estate may have breached an earlier contract with Tyburn concerning use of Cushing’s likeness, but Tyburn did not plead any such case, the judges held. Tyburn...
Equity members, representing performers, have voted by an overwhelming margin in an indicative ballot to refuse scans while talks continue with Pact, the main trade body for British production companies. An indicative ballot is a binding statutory vote required to take industrial action. The result, Equity said on 18 December 2025, ‘shows the depth of feeling among performers determined to safeguard their AI rights’... The union will press Pact for a better deal on AI, seeking an agreement that builds in: Explicit consent Transparent terms Royalties for the use of AI-generated replicas If Pact declines to offer this, Equity will move to a statutory ballot......
The ASA has published its final guidance on the promotion of less healthy food and drink. This version is largely unchanged from the earlier draft that was previously issued. For fuller detail, see Practice Note: Food advertising— New TV and online HFSS advertising restrictions and News Analysis: The implementation of advertising restrictions for less healthy food and drink on television and online, which analyses the updated Consultation response. Notably, it explains how the new rules apply to influencers, including that ‘gifted’ items fall within the paid-for online restrictions set out. It also notes that fleeting mentions of less healthy products—such as within a supermarket’s Christmas ad—are less likely to be caught in practice. When is a product identifiable and in scope of the restrictions? The statutory question is whether people in the UK could reasonably be expected to recognise an...
Earlier this year, the decision in Macdonald Hotels v Bank of Scotland unsettled lenders and their advisers, with obiter observations intimating that, for the ‘face value’ test to be satisfied for a deed, the document, on its face, must make plain that all parties expressly intended it to operate as a deed, rather than only those executing it as a deed. That stance differs from common practice in certain finance instruments, notably intercreditor agreements, which frequently state that only specified parties execute and deliver them as deeds and, unlike security documents, are ordinarily styled as ‘agreements’ in many instances. The City of London Law Society ( CLLS) subsequently released a note expressing its view on the comments and on how to comply with the face value test, confirming that, in its opinion, there is a measure of flexibility in the ways the face value...
New technologies Commission unveils first draft Code of Practice on AI content marking The European Commission has released its initial draft Code of Practice on the marking and labelling of AI‑generated content, intended to support adherence to Article 50 transparency obligations under the EU AI Act. Rules for marking and detecting AI content, aimed at providers of generative AI systems. Labelling duties for deepfakes and AI‑generated text on matters of public interest, aimed at deployers of generative AI systems. Feedback from participants and observers is invited until 23 January 2026; a second draft is anticipated by mid‑ March 2026, with completion scheduled for June 2026. The transparency obligations for AI‑generated content will apply from 2 August 2026. The Code is voluntary and offers a way to demonstrate compliance with requirements for providers to apply machine‑readable marking and for deployers to clearly label deepfakes and AI‑text...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management 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 Property ( Digital Assets etc) Act 2025 — The Act clarifies which kinds of things can still serve as objects of personal property rights and are not excluded. It took effect on 2 December 2025. See: LNB News 04/12/2025 Council of the EU endorses regulation for AI gigafactories and expanded quantum research — The Council approved changes to the Euro HPC Joint Undertaking regulation, clearing the path for up to five AI gigafactories across Europe. The amendment sets a strong framework for funding and procurement, embeds protections for start-ups and...
The Department for Science, Innovation and Technology ( DSIT) has unveiled a collaboration with Google Deep Mind to accelerate the development of AI tools for application in public services, education and scientific research. Under a voluntary, non-binding memorandum, Google Deep Mind will set up its......
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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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