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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Competition policy The Commission has issued a Competition Policy Brief concerning legal professional privilege in competition law investigations, restating its position that this protection should not be widened to encompass in-house lawyers, and confirming that LPP should not extend to company-employed legal advisers either......
MPs defeated, by 308 votes to 153, a Lords proposal that would have required staff to serve six months before qualifying for protection against unfair dismissal, reaffirming the government’s flagship policy amid the latest bout of parliamentary ping-pong over the ERB. Employment rights minister Kate Dearden said the government is determined to provide unfair dismissal safeguards from the first day in a role. “ Not two years, not six months, but day-one,” she said. Dearden maintained that a six-month qualifying period would leave employees vulnerable to unfair dismissal during the opening months of employment......
MW (a child by his litigation friend DW) and another v Wilkinson and another company [2025] EWHC 2300 ( KB) What are the practical implications of this case? The ruling focuses on the duty of motorists in the vicinity of schools and how causation is assessed in road traffic collisions. It clarifies when speed becomes negligent in areas with vulnerable road users. The court held that proceeding at or below the 20 mph advisory limit, a full 25 minutes after school had finished, amounted to ‘reasonably careful driving’. It dismissed the claimants’ contention that the driver should have slowed to 10–15 mph solely because an unaccompanied child ( M) was walking on the pavement, as M was not behaving in a way that would alert a prudent driver to an imminent risk (for example, standing on the kerb or running). The decision also bolsters the...
Epping Forest District Council v Somani Hotels Ltd and others [2025] EWHC 2937 ( KB) What are the practical implications of this case? The decision confirms that an injunction under TCPA 1990, s 187B is a rare, last-ditch measure, to be used only where standard enforcement would fail or be disproportionate. Local planning authorities must show that routine tools—such as an enforcement notice, stop notice, or a certificate of lawfulness—were properly explored and found wanting. Even where a breach of planning control is acknowledged, the High Court may withhold relief if powerful public interest considerations exist, for example the Home Secretary’s statutory obligation to house asylum seekers under the Immigration and Asylum Act 1999. The judgment underscores the mounting friction between local planning oversight and national emergency accommodation policy. LPAs should keep thorough, contemporaneous records justifying why urgent injunctive relief is...
Ireland’s financial watchdog has imposed a €21.4m penalty on cryptocurrency platform Coinbase Europe over anti-money laundering failings tied to deals totalling billions of euros in value. According to the Central Bank of Ireland, the crypto-asset and wallet services provider did not adequately oversee 30m transactions in total valued at €176bn over a 12-month span. It subsequently required nearly three years to fully finish scrutinising the affected activity. After this review, Coinbase lodged 2,708 suspicious transaction reports with Ireland’s Financial Intelligence Unit for further examination. These shortcomings, spanning April 2021 to March 2025, related to one third of Coinbase Europe’s total transactions over the four-year window......
Mergers The Commission approved: the establishment of a joint venture between Eneco Heat Production & Industrials B. V. and Mainport Holding Rotterdam N. V.......
Burgess v Whittle and another [2025] EWHC 2633 ( Ch) What was the background? This contentious probate claim centred on the estate of Elizabeth Rowell, who passed away on 13 April 2017 at the age of 82. The parties comprised her three adult children. The claimant applied to prove, in solemn form, a will dated 12 June 2014. The first defendant initially resisted the action and counterclaimed to put forward an earlier will dated 9 May 1984. The second defendant adopted a neutral stance and took no active role at trial. Under the will of 9 May 1984, save for a specific bequest of jewellery, her entire residuary estate was left to her husband if he survived her, failing which to such of her children as survived, and, if more than one, in equal shares. As her husband predeceased her, the residuary...
Abcor Finance Securities Ltd v Binomia Ltd [2025] EWHC 2374 ( Ch) What was the background? Abcor Finance Securities Ltd (the Petitioner) issued a winding-up petition against Binomia Ltd (the Company), asserting a liability of £305,811.91 pursuant to a parent company guarantee granted by the Company (the Guarantee). That Guarantee supported a loan agreement under which Abcor Finance No 2 Ltd advanced funds to the Company’s subsidiary, Circular Tech Solutions Ltd ( CTS), for the acquisition of mobile phone stock (the Loan Agreement). The Guarantee was expressed as a primary obligation, removing any need to demand payment from CTS before enforcement. Thus, upon non-payment by CTS when sums fell due under the Loan Agreement, the Petitioner could proceed immediately against the Company. CTS drew down on the facility several separate times under the Loan Agreement. The Loan Agreement stated that the facility term was ‘up to 90...
Also see: LNB News 17/09/2025 16. Instead of ring‑fencing crypto as a carve‑out dealt with via financial promotions and anti‑money laundering duties, the FCA intends to fold cryptoasset firms into the full Financial Services and Markets Act 2000 ( FSM 2000) framework. In practice, the FCA would normalise crypto by delivering like‑for‑like treatment for comparable risks, regardless of the technology. The article is set around four pillars: governance and accountability; market access and distribution; operational resilience and financial crime; and product and disclosure strategy. For businesses that have only sat within the Money Laundering Regulations ( MLRs) boundary and the financial promotions regime, this shift brings a clear step‑up in oversight, responsibility and cost. Fundamentally, the consultation maps the FCA’s existing regulatory blueprint onto cryptoasset activities. That spans high‑level standards such as operational resilience and the Senior Managers and Certification Regime ( SM& CR); business...
The CBI said According to the CBI, defects in Coinbase Europe Ltd’s transaction screening systems meant that over 30 million transactions were not properly monitored during a 12‑month period between 2021 and 2022. These transactions, valued at more than €176bn and representing roughly 31% of all Coinbase Europe activity, resulted in serious suspected criminal conduct — including money laundering, fraud, drug trafficking, cyber-attacks and child sexual exploitation — only being identified after they had already been processed......
Hyalroute Communication Group Ltd v Industrial and Commercial Bank of China ( Asia) Ltd [2025] HKCFI 2417 (not reported by Lexis Nexis®UK) What are the practical implications of this case? This decision marks the first occasion on which the Hong Kong court was invited to curb winding-up steps pursued in a separate common law forum in deference to Hong Kong arbitration. The application emerged against the backdrop of the contrasting lines taken by the Hong Kong Courts and the Privy Council when considering stays of winding-up proceedings, as reflected in Re Guy Lam (2023) 26 HKCFAR 119 (not reported by Lexis Nexis®UK) and Sian Participation Corp v Halimeda International [2024] UKPC 16. In this dispute, the court’s analysis centred on how the arbitration clause in the parties’ underlying contract ought properly to be interpreted. Ultimately, the court concluded that presenting a winding-up petition in the Cayman...
EU judges are set to consider Ryanair’s bid to contest an Irish dawn raid ordered by Italy’s competition watchdog, determining whether the airline may view specific correspondence shared by the two authorities in question. Italy’s Council of State has asked the EU Court of Justice to clarify if those communications count as ‘internal’ and thus must be withheld from Ryanair. On Wednesday, the Council of State— Italy’s supreme administrative tribunal—acting on applications from both Ryanair and the Italian competition authority ( AGCM), chose to send a preliminary question to the EU’s highest court, within the framework of Ryanair’s challenge to an earlier judgment (see here). That step may prolong the ongoing probe and delay the inquiry further. Ryanair has also pursued proceedings in Ireland about the searches undertaken there......
Five claims covering small-to-medium businesses Five SME actions have been consolidated, alleging Liberty Mutual wrongly refused to pay losses arising from enforced closures linked to coronavirus infections and the government’s response. At a preliminary issues trial, Christopher Hancock KC, sitting as a judge of the High Court, is asked to scrutinise the wording of policies held by 52 businesses, among them pubs and a hairdresser. The central question is how the phrase 'discovery of a notifiable human infectious or contagious disease at the premises' should be interpreted in relation to coronavirus. The claimants contend that cover is triggered if an individual with coronavirus, or showing symptoms, has attended their premises. They further argue that an 'occurrence' of coronavirus at a business is equivalent to a 'discovery' of the disease......
Clash of jurisdictions— The English court confirms its jurisdiction against long-arm receiverships, but provides narrow carve-out for third parties ( CIHL v Protopapas & Others) Cape Intermediate Holdings Ltd and another v Protopapas and others [2025] EWHC 2706 ( Ch) What was the background? This matter originates in a third party’s bid to construe and vary an English court order obtained by Cape Intermediate Holdings Ltd (‘ CIHL’) against its South Carolina receiver, alongside CIHL’s cross‑application to injunct that third party from striking any settlement with the overseas receiver, who, under the order and English law, lacked authority to act for or bind CIHL. The order followed an earlier judgment in November 2024 ( Cape Intermediate Holdings Ltd and Cape Plc v Peter D Protopapas [2024] EWHC 2999 ( Ch)), in which Mann J declared that CIHL’s directors—not the foreign...
Private actions CAT issues judgment on allocation of undistributed damages following settlement in alleged rail ticket overcharge damages claim The CAT has handed down its judgment in Justin Gutmann v First MTR South Western Trains Limited and Another, addressing the distribution of undistributed damages arising after settlement of the collective damages claim brought by Mr Justin Gutmann, acting as the Class Representative ( CR), under section 47 of the Competition Act 1998, against Stagecoach South Western Trains Limited ( SSWT). The claim alleged an abuse of dominance stemming from a failure to make ‘boundary fares’ adequately available to customers holding travelcards... Background In 2019, Mr Justin Gutmann applied to commence opt-out collective proceedings, pursuant to section 47B of the Competition Act 1998, against First MTR South Western Trains Limited ( First MTR) and SSWT, each of which operated the South Western rail franchise during different periods. In...
Mergers The Commission has approved: the establishment of the joint venture HAD Bordeaux Métropole by Clinique Saint- Augustin, Clinique Tivoli- Ducos and Polyclinique Bordeaux Nord Aquitaine ( M.12097), following a phase I assessment—see further, Midday Express; the acquisition of joint control over Aumovio’s brake boosters business by Aumovio Germany Gmb H and Huayu Automotive Systems Co. Ltd......
Ba Fin announced it had issued a record administrative penalty against the bank, which operates across 15 European Economic Area countries and the UK, citing procedural shortcomings that slowed the reporting of money-laundering concerns. In a statement, the regulator said the credit institution had culpably failed to meet its supervisory obligations relating to internal processes for filing suspicious transaction reports. Financial firms are required to submit a suspicious activity report ( SAR) to the German Financial Intelligence Unit ( FIU), providing details of any suspected money laundering. The FIU then analyses the SARs......
The Parliamentary Work and Pensions Committee ( WPC) The Work and Pensions Committee ( WPC) has written to the Minister for Pensions, Torsten Bell, via a letter published on 5 November 2025, to ask if the DWP has explored a way to settle disputes arising from its surplus extraction reforms. The government has set out draft measures in the Pension Schemes Bill that would permit employers to draw on excess pension funds when the scheme’s assets significantly exceed the amount required to cover its obligations......
UK developments FCA speech highlights climate risk and UK’s leadership in sustainable finance The FCA has released remarks from its Chair, Ashley Alder, delivered at the Climate Financial Risk Forum’s Symposium on 23 October 2025. He stressed that climate risk is substantial and financially material, and called for industry-wide collaboration to cement the UK as the world’s sustainable finance centre. Alder set out actions the FCA is progressing to strengthen transparency and confidence: embedding ISSB standards into UK requirements; introducing new climate disclosure rules and measures within the Public Offers and Admissions to Trading Regime; bringing ESG ratings providers inside its regulatory perimeter. He also unveiled a joint pilot with the Prudential Regulation Authority ( PRA) and the Green Finance Institute ( GFI) to pinpoint barriers to scaling finance for climate solutions, alongside a technical assistance programme to support...
Appearing before the parliamentary Treasury Committee on 4 November 2025, City Minister Lucy Rigby said the inaugural entry is expected to be placed on the register of critical third-party providers by this point in 2026. The Financial Services and Markets Act 2023 allows for technology giants such as Amazon and Google to fall within oversight by the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) where their offerings are deemed essential to the UK economy as a whole......
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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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