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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: 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 DSIT launches a call for evidence on proposed AI Growth Lab The Department for Science, Innovation and Technology ( DSIT) has opened a call for evidence on the proposed AI Growth Lab, a multi-sector regulatory sandbox designed to speed up responsible AI development throughout the UK. The Lab would permit temporary, tightly overseen adjustments to regulation, helping bring to market AI‑driven products and services that are presently held back by obsolete laws. Created to assist innovators in both the public and private sectors, it aims to produce practical evidence to guide lasting regulatory change, while keeping firm protections for safety, consumers and...
The letter marks the newest sign of rising worry and frustration across the creative sector, as the government has yet to outline its approach to AI and copyright while the technology becomes more sophisticated by the day. As things stand, we continue to await the outcome of the major AI and copyright consultation launched at the end of last year, which we discussed previously......
At a tech UK cyber security gathering, the Department for Science, Innovation and Technology ( DSIT), via Digital Economy Minister Liz Lloyd CBE, delivered remarks. In her address, Minister Lloyd underlined UK government dedication to the cyber security industry, emphasising its importance as a......
In this issue: Data protection New technologies Internet Media Advertising, marketing and sponsorship Lex Talk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Data protection ICO wins UT appeal on Clearview AI jurisdiction under UK GDPR The UK Upper Tribunal ( UT) has allowed the Information Commissioner’s Office ( ICO) appeal against the First-tier Tribunal ( FTT) in the Clearview AI Inc matter. The US-based firm was fined £7.5m in 2022 for unlawfully harvesting images of UK residents from the web and deploying them in a facial recognition database. Upholding three of the ICO’s four grounds, the UT decided Clearview’s handling of personal data amounts to monitoring UK residents’ behaviour and is therefore caught by UK data protection law, irrespective of the company’s overseas location or clientele. It further found the FTT erred in law in deciding the processing fell outside the material scope of Article...
Alaska Airlines Inc v Virgin Aviation TM Ltd and another company [2025] EWHC 2505 ( Comm) What are the practical implications of this case? The principal outcomes of Mr Justice Foxton’s analysis can be stated as follows: Where an unjust enrichment claim founded on failure of basis is invoked to stop payment of a contractual amount, the correct characterisation is that this engages the defence of circuity of action (para [49]). In that scenario, circuity of action does not mean the debt is never due; rather, it supplies a defence to liability. A broadly drafted no set off clause captures such a defence, so summary judgment can be granted (para [52]). To reach those conclusions, Foxton J reviewed a range of authorities in which no set off provisions were relied upon (see especially para [47]), and he also considered and clarified other...
On 9 October 2025, the High Court approved Paddington’s request against KAF International. Speaking to Law360 on 10 October 2025, Jim Dennis, an intellectual property disputes solicitor at Simkins LLP, commented on the decision, saying the bear’s owners had 'decided enough was enough' while preparing to launch a West End musical in November 2025......
According to an official paper dated 8 October 2025, the European Commission intends to publish guidance on the EU AI Act’s relationship with other digital rules starting in Q3 2026, implying the documents could appear shortly before or after core provisions begin to apply. An annex to the Apply AI Strategy—an effort to accelerate AI uptake in priority industries—states the Commission will ‘develop guidelines on the EU AI Act’s interplay with other Union law from Q3 2026’. The annex outlines timelines for planned AI measure. Some projects are pinned to precise quarters, while others are slated to kick off from a broader window, implying activity may not commence until that point. Overall, the schedule signals a staggered roll-out across actions......
What is the failure to prevent fraud offence? The FTPF offence, in force from 1 September 2025, marks a major widening of corporate criminal exposure. Departing from classic corporate fraud cases that hinge on proving senior management’s awareness or participation, this route imposes liability on a ‘failure to prevent’ basis. Large organisations—those satisfying any two of: over 250 staff, turnover above £36m, or total assets exceeding £18m—can be prosecuted where an employee, agent, subsidiary, or other ‘associated person’ commits fraud to benefit the organisation. The sole defence is to show that the organisation had reasonable anti-fraud procedures in place. How does the FTPF offence relate to greenwashing? Its relevance to greenwashing emerges from the offences it captures. The regime covers fraud by false representation (section 2 of the Fraud Act 2006 ( Fr A 2006)), fraud by failing to disclose information ( Fr A 2006, s 3), and...
In this issue: New technologies Internet Advertising, marketing and sponsorship 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 The Official Journal of the EU records the formal withdrawal of several Commission proposals, including those on the EU AI Liability Directive, the SEP Regulation and the e Privacy Regulation. See: LNB News 07/10/2025 12. The European Commission has launched the EU AI Act Service Desk and a Single Information Platform to support implementation of the EU AI Act. As envisaged by the Act, the platform will be a central point, offering guidance, interactive tools and an online form for queries to the Service Desk. The EU AI Act took effect on 1 August 2024;...
Tresoldi v Amazon EU Sàrl , case number KB-2025-002852 Claim issued against Amazon in the UK A consumer injured by a power tool bought on Amazon Marketplace has brought what has been characterised as a ‘first of its kind’ claim against an online marketplace in the UK. The case contends that the tool—referenced in a 2023 Office for Product Safety and Standards ( OPSS) product safety report—was defective under CPA 1987. It is also said the claimant pursued breaches of contractual terms concerning satisfactory quality and fitness for purpose. Reports indicate the product was purchased before the OPSS safety alert, and the claimant sustained a finger injury in September 2022 that required partial amputation. Under CPA 1987, a person suffering personal injury caused wholly or in part by a defective product may seek compensation from: the producer of the product; an...
In this issue: New technologies Internet 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 MHRA establishes National Commission to develop AI healthcare regulation framework The Medicines and Healthcare products Regulatory Agency ( MHRA) has set up the UK National Commission on the regulation of AI in healthcare to shape a fresh regulatory framework for AI within the sector. Its core aim is to turn the NHS into the world’s most AI-enabled health service. See: LNB News 26/09/2025 25. Commission launches consultation on serious incident reporting under Article 73 of the EU AI Act The European Commission has opened a consultation on draft guidance and a reporting template covering serious incidents tied to high-risk AI systems under Article 73 of the EU AI...
Wikimedia Foundation (a charitable foundation registered in the United States of America) and another v Secretary of State for Science, Innovation and Technology [2025] EWHC 2086 ( Admin) What are the practical implications of this case? The court accepted Wikimedia’s submissions that Wikipedia (the online encyclopaedia it hosts) makes an important contribution to free speech and expression, and that any decision seriously restricting Wikipedia’s ability to function would probably be unlawful for conflicting with the HRA 1998 and the European Convention on Human Rights ( ECHR). A major flaw in Wikimedia’s case, however, was that Ofcom has not yet decided whether Wikipedia qualifies as a Category 1 service; Wikimedia advanced its challenge on the assumption it would be so designated, an assumption the court rejected. Consequently, the claim failed on both grounds alleging breaches of the HRA 1998 and the ECHR, because Wikimedia could not...
The UK’s largest bank is deploying automated systems to spot fraud under the UK offence that came into force on 1 September 2025. Among them is Google AML AI, built with Google, which scans some 900 million transactions every month across 40 million customer accounts. Jennifer Calvery, HSBC’s group head of financial crime, told Law360 that Google AML AI and other automation help underpin the bank’s defence to the “failure to prevent fraud” offence. The legislation exposes companies to criminal action where preventative controls are judged inadequate, and major lenders such as HSBC fall within scope. The regime captures businesses meeting any two of the following three tests: More than 250 employees Turnover above £36m Assets of £18m or more HSBC's multi-tier strategy Calvery said strong leadership, staff training programmes and sharing intelligence across the industry are just as critical. Before joining HSBC, she held a...
In this issue: 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 Useful information Internet Internet Standalone AI chatbots test limits of European online child-protection regimes MLex reports rising scrutiny of AI chatbots over potential harms to children, yet the EU Digital Services Act ( EU DSA) and the Online Safety Act 2023 ( OSA 2023) still leave them in a regulatory grey area. The pressure is escalating on several fronts: US lawsuits and hearings in Congress; fresh measures in Italy; and challenges from campaigners in Ireland and the UK. European regulators are being pushed to consider whether existing frameworks should be adapted to address AI more fully, while providers such as Open AI and Character AI are...
AI chatbots such as Open AI’s Chat GPT and the Google-backed Character. AI are moving into the child safety spotlight Having until now largely slipped through the cracks of Europe’s content‑moderation laws, standalone AI chatbots are edging into the child safety spotlight. The EU’s DSA has trained its gaze on online platform operators such as social media and pornography sites, while the UK’s OSA 2023 is framed around user‑to‑user and search services, plus pornography platforms — leaving chatbots outside platform ecosystems in a regulatory grey area. In the US, the issue has already broken into public view, with parents alleging serious harms to children from chatbot exchanges, spurring: a congressional debate on 16 September 2025; a US Federal Trade Commission investigation the week before; and several lawsuits against providers over the preceding months. That intensity of scrutiny is prompting European questions about how online...
Clarke v Guardian News and Media Ltd [2025] EWHC 2193 ( KB) What are the practical implications of this case? The matter was determined chiefly on its facts, with little real dispute about the relevant law on the principal issues. Mr Clarke’s serious harm claim across seven articles failed largely because of defective pleadings. It is well‑established that each impugned statement (here, each of the seven articles) must be specifically pleaded and shown, by inference or factual evidence, to have caused serious harm to the claimant’s reputation. Mr Clarke effectively tried to aggregate the alleged serious harm across the articles; that approach is not permitted and caused his failure on this point. The defence of truth was convincingly established. Mr Clarke was found not to be a reliable witness on numerous matters, and his allegation of a conspiracy among the Guardian’s many witnesses was firmly...
News Analysis: UK product liability reform—new redress rules for AI systems? We recently discussed the likelihood of forthcoming changes to the UK product liability framework (see News Analysis: UK product liability reform—new redress rules for AI systems?), which could result in the UK’s product liability regime being brought into closer alignment with the new EU Product Liability Directive (the Revised EU PLD—see Practice Note: The Revised EU Product Liability Directive). The Law Commission has since confirmed a formal review of the UK’s product liability regime within its 14th work programme. For now, the apparent emphasis of that review is on ‘emerging technologies’, with a particular spotlight on AI......
In this issue 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 Information technology Commission launches a call for evidence on Digital Omnibus simplification package The European Commission has opened a call for evidence on the Digital Omnibus, a strand of its Digital Package on Simplification, planned for adoption in late 2025 as both a directive and a regulation. The initiative aims to lighten administrative load and reduce compliance costs while preserving existing legislative aims, tackling fragmentation, outdated provisions and uneven enforcement within the EU digital framework. Focused simplification will span five areas: the data acquis (covering the Data Governance Act, the Free Flow of Non- Personal Data...
For further details on the FCA Monzo fine, see: FCA fines Monzo £21m for financial crime control failings, LNB News 08/07/2025 10. Background Between 2020 and 2022, Monzo brought on more than 34,000 high-risk customers without adequate due diligence. As a result, blatantly fictitious addresses, including ‘10 Downing Street’ and ‘ Buckingham Palace’, were not challenged. The FCA noted the bank did not evolve its controls as its customer numbers grew, exposing it to contemporary fraud typologies such as synthetic identity fraud, where criminals mix genuine and fabricated data to build convincing profiles. The Monzo episode prompts the question of whether banks and other firms lean too heavily on manual AML review—a method vulnerable to inconsistency and human error. Could automated technology, particularly AI-driven tools, have helped avoid such failures? AI's helping hand Rapid progress and broad adoption of AI in recent years has shifted its role in...
UK companies face uncertainties in cybersecurity regulation UK businesses remain unsure about forthcoming cyber security rules as lawmakers step up pressure on the government to bring forward the Cyber Security and Resilience Bill as soon as possible, following attacks on high-profile British companies. A draft is anticipated in Parliament within the next few weeks, yet the schedule could shift due to the recent ministerial reshuffle. When challenged by opposition politicians on 9 September 2025 and 10 September 2025, Labour lawmakers speaking for the government declined to give a firm date, stating that new legislation would arrive “when parliamentary time allows”. The Bill is intended to refresh the UK’s cyber security framework to align with the NIS 2 Directive. A policy statement from April 2025 indicates it would bring further sectors and their suppliers into the scope of mandatory regulatory duties, tighten oversight, and raise...
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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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