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PUBLIC LAW

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

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ARBITRATION

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...

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PRIVATE CLIENT

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 Sole traders, informal partnerships and outdated partnership deeds are common.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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NEWS

In this issue: Data protection Cybersecurity e Privacy State security and intelligence Lex Talk®Information Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Data protection ICO launches consultation on charitable purpose soft opt-in rules for fundraising The Information Commissioner’s Office ( ICO) has opened a consultation on guidance for forthcoming ‘charitable purpose soft opt-in’ provisions, which the ICO says should come into force in January 2026 under the Data ( Use and Access) Act 2025 ( DUAA 2025). These provisions would permit charities to send electronic marketing to individuals who have shown interest in supporting them without prior consent, but exclude contacts already held in existing databases. The consultation is open until 27 November 2025. See LNB News 16/10/2025 27. EDPB adopts opinions on UK data adequacy extensions The European Data Protection Board ( EDPB) has issued Opinions 26/2025 and 27/2025 on the European Commission’s draft decisions to prolong the...

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NEWS

In this issue: Key DR developments Claims and remedies Cross-border disputes Litigation Scottish civil litigation Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR updates 191st Practice Direction update—access to public domain documents pilot: The 191st Practice Direction update takes effect on 1 January 2026. It launches the ‘ Access to public domain documents pilot’ ( CPR PD 51ZH) for two years, with an initial six-month assessment, in the Commercial Court, the London Circuit Commercial Court and the Financial List, aiming to enhance public access to materials that fall into the public domain through their use in open court hearings. Triggered by the Supreme Court’s ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 and Lady Hale’s call for greater transparency, the pilot is designed to further the open justice...

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NEWS

The FCA is prioritising redress for consumers wherever it can, according to a speech from Therese Chambers, the FCA’s joint executive director of enforcement and market oversight, published on 21 October 2025. Chambers said the FCA is bringing more criminal prosecutions than at any time before, and confirmed that cases opened after April 2023 are concluding on much tighter timetables. The regulator recorded 41 enforcement outcomes in 2024, compared with a usual range of roughly 20 to 25 a year, according to the FCA, and it expects to deliver more than 30 outcomes in 2025. She also noted a decline in investigations that finish with no further action. Historically, generally fewer than one in three of our enforcement matters ended with an FCA enforcement outcome......

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NEWS

A copy of the minutes is accessible here: Online Procedure Rule Committee minutes of meeting 14 July 2025, in full. Welcome, apologies and introductory remarks (item 1) The Master of the Rolls ( MR) opened the meeting, thanking Lord Justice Edis for serving as interim Senior President of Tribunals ( SPT). The Committee noted that a new SPT will be in post before the Committee reconvenes again in October. Formal approval was given to the record of the last meeting, which took place on 9 June 2025. SI and forward look (item 2) Members also considered proposals for the forthcoming enabling SI, covering OCMC and the DCP. Cooperation between the OPRC and the Civil Procedure Rule Committee ( CPRC) will be needed, and a joint working group—mirroring the Property and Possession Working Group—should be formed. The Committee also explored how best to frame...

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NEWS

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...

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NEWS

In this issue: AI and IP Patents General IP Confidential Information Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information AI and IP AI and copyright—creatives write to the Prime Minister Rachel Alexander of Wiggin LLP reports on a recent letter to the Prime Minister, backed by numerous figures and organisations across the creative industries, asserting that the government’s current approach to shielding copyright from prospective AI-driven infringement ‘fails to account for international and UK human rights law’. With any follow-up to the government’s consultation—closed in February—still outstanding, the signatories accuse the government of ‘actively ignoring the rights of copyright holders…since the general election’. See News Analysis: AI and copyright—creatives write to the Prime Minister. Patents EPO finalises 2026 guidelines following user consultation on evidence standards and AI patentability The European Patent Office ( EPO) has completed its work on the 2026 EPC, PCT- EPO and Unitary Patent...

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NEWS

In this issue: Practice and procedure Domestic abuse Private children Financial provision International children New content Updated content Daily and weekly news alerts Useful information Practice and procedure Master of the Rolls speech addresses AI adoption in legal profession and digital assets jurisdiction alignment Addressing the Legal Geek Conference, the Master of the Rolls, Sir Geoffrey Vos, observed a rapid change in attitudes to AI across the legal profession. He emphasised that AI is a powerful aid for tasks like summarising documents and undertaking legal research, while warning its deployment must be grounded in understanding, privacy protection and robust verification. He noted AI can help draft contracts and even generate legal advice or judgments, yet its role must be carefully weighed, particularly in judicial decision‑making, where ethical and societal consequences are significant. Sir Geoffrey examined the notion of AI...

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NEWS

In this issue: Taxes management and litigation Companies and corporation tax International Individuals and income tax Current issues Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Taxes management and litigation FTT expresses preference for Martland over Medpro in late appeal decision ( Lands Luo Ltd v HMRC) As noted in last week’s highlights, in Lands Luo Ltd v HMRC [2025] UKFTT 1207 ( TC), the First-tier Tax Tribunal ( FTT) allowed a late appeal contesting the refusal of a VAT repayment claim. Late appeals are routine; however, this one is notable given the uncertainty sparked by the Upper Tribunal’s ( UT) Medpro decision and, possibly connected, the presence of the Senior President of Tribunals on the FTT panel. See News Analysis: FTT expresses preference for Martland over Medpro in late appeal decision ( Lands Luo Ltd v HMRC). HMRC publishes Agent Update: Issue 136 HMRC has issued Issue 136 of the Agent...

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NEWS

Private prosecutors face cost-control discipline ( R v BDI & Others) BDI & Others [2025] EWCA Crim 1289 What are the practical implications of this case? The judgment sets a fresh compliance marker for private prosecutors and their advisers. Although POA 1985, s 17 remains an important route for reclaiming properly incurred costs, the Court of Appeal stressed that any expectation of full reimbursement is contingent on procedural accountability. Practitioners must now demonstrate two essential disciplines before seeking payment from central funds: early CPS engagement. Prosecutors should afford the CPS a real and timely chance to decide whether it wishes to assume or conduct the case. A token approach or notification only after proceedings have been issued is unlikely to be adequate market testing of representation and fees. Prosecutors ought to obtain and retain quotations or tenders for solicitors and counsel, showing that...

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NEWS

In this issue: Collective defined contribution ( CDC) schemes Transfers Investment and funding Pension benefits The Pensions Regulator Dates for your diary Trackers Collective defined contribution ( CDC) schemes Regulations laid before Parliament to extend CDC schemes to unconnected multiple employers The Department for Work and Pensions ( DWP) has issued its reply to the consultation on the Occupational Pension Schemes ( Collective Money Purchase Schemes) ( Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025. Concurrently, the draft regulations—expanding the CDC framework to ‘unconnected multiple employer’ arrangements, i.e. those not set up by a single employer or a group of connected employers—have been placed before Parliament. Subject to parliamentary approval, they are expected to take effect on 31 July 2026. The government reports widespread backing for the draft rules and has adjusted them to reflect...

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NEWS

Supreme Court upholds costs award in sterling ( Process & Industrial Developments Ltd v The Federal Republic of Nigeria) Process & Industrial Developments Ltd ( Appellant) v The Federal Republic of Nigeria ( Respondent) [2025] UKSC 36 Background This appeal focuses on a costs order arising from Nigeria’s successful bid to set aside two arbitral awards made in favour of P& ID, and, in particular, whether Nigeria’s legal costs were properly awarded in sterling rather than naira, its national currency. P& ID, the appellant, had contracted with Nigeria to build a gas processing plant in Nigeria. In the third year of the contract, P& ID commenced arbitration against Nigeria. The tribunal subsequently issued two awards in 2015 and 2017 totalling $6.6bn, plus interest at 7% (the Arbitration Awards), for damages for repudiatory breach of contract. In 2018, P& ID sought to enforce the...

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NEWS

Mergers The Commission has received notifications for the following transactions: Metinvest/ Arcelor Mittal Tubular Products ISAI ( M.12034) — simplified merger procedure TAI/ LGESMI/ Green Metals Battery Innovations JV ( M.12114) — simplified merger procedure Bestinver/ Tages/ IP/ IPlanet Holding ( M.12197) — simplified merger procedure NOTE— For all live merger investigations before the Commission, see EU mergers—ongoing cases tracker. State aid Acting under the Clean Industrial Deal State Aid Framework ( CISAF), the Commission approved an Italian scheme valued at €61.5m to support strategic investments that expand manufacturing capacity in line with Clean Industrial Deal aims in Emilia Romagna—see Midday Express. NOTE— For all decisions adopted under the Clean Industrial Deal State Aid Framework, see EU State aid decisions— TCF, TCTF and CISAF. Digital Markets Act The General Court held a hearing in Case T-357/24, Opera Norway v Commission, contesting the...

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NEWS

Supreme Court holds national planning policy cannot override rights conferred by outline planning permission ( C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government) C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government [2025] UKSC 35 Background The appellant, C G Fry & Son Ltd, is a property developer. In December 2015, Somerset West and Taunton Council granted outline planning permission for a major residential scheme at Jurston Farm, near Wellington, within the River Tone catchment. The River Tone ultimately drains into the Somerset Levels, parts of which are designated as a Ramsar site. Although Ramsar sites do not fall under the Habitats Regulations, which give domestic effect to Directive 92/43/ EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the EU Habitats Directive), national planning policy...

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NEWS

Latest news update Mr Y ( CAS-12388- L3Z2)—24 June 2025 Summary The Deputy Pensions Ombudsman partly supported a grievance concerning how a pension was worked out. The employer did not apply a uniform method when converting foreign-currency bonus payments for an overseas member. Some leeway in administration was acceptable, yet it needed to remain within sensible limits. The decision underscores the need for pension schemes to maintain consistent treatment for members based abroad. What were the facts? Mr Y belonged to the Unite Pension Scheme (the Scheme) as a member living overseas. He was employed in Switzerland and received pay in Swiss francs ( CHF)......

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NEWS

The High Court ruled in September 2025 that non-solicitors and employees without specific litigation rights cannot conduct litigation A High Court ruling has placed the finances of some practices at risk, particularly those dependent on paralegals, trainees and Chartered Institute of Legal Executives ( CILEX) members. Damian Bradley, partner and head of legal operations at Express Solicitors Ltd, an injury claims practice, warned the judgment could render certain work non-viable and lead to closures. He noted that outfits built around a CILEX member with numerous unqualified assistants handling high-volume cases may find compliance impossible, leaving them in a state of limbo. The decision in Julia Mazur v Charles Russell Speechlys LLP, delivered on 16 September 2025, has left firms grappling with weeks of uncertainty. Judge Clive Sheldon concluded that the Legal Services Act 2007 bars unqualified law firm staff from conducting...

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NEWS

Allowing pension scheme to recoup overpayments before proper notification of recovery would not be equitable ( Mr and Mrs D, CAS-52136- P6D3 & CAS-52149- F8K1) Original news: Mr and Mrs D ( CAS-52136- P6D3 & CAS-52149- F8K1) — 20 June 2025 Summary The Deputy Pensions Ombudsman has partly upheld a complaint concerning the repayment of pension paid in error. While no limitation defence applied (the scheme was seeking recoupment), the Deputy Pensions Ombudsman concluded that it would be inequitable to allow recovery for the bulk of the period during which the overpayments occurred. Communications to members were not sufficiently clear, and the complainants had acted in good faith. This decision underlines the importance of clear messaging about the consequences of any court action for a pension scheme. What were the facts? Mr and Mrs D were pensioner members of the BIC UK Pension Scheme (the Scheme). They had been...

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NEWS

Farnsworth v Chave [2025] EWHC 2677 ( Ch) What was the background? This judgment addresses a threshold question arising in unfair prejudice litigation between Adam Farnsworth and Kevin Chave, joint equal shareholders and directors of Essex and East London Van Services Ltd (the Company), a quasi-partnership company. Aaron Chave ( Aaron), Mr Chave’s son, worked for the Company as a fitter from September 2014, progressing to senior fitter/supervisor, before resigning on 2 May 2023. After Aaron left, Mr Chave transferred his shareholding in the previously dormant Kent Van Solutions Ltd ( Kent) to Aaron and other family members, with Aaron becoming a director of Kent and commencing trading in competition with the Company. By an order of 12 February 2025, the court directed a preliminary issue, determined in this judgment, namely whether Aaron and Kent should remain respondents to Mr...

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NEWS

Digital markets CMA designates Apple and Google with SMS in mobile platforms under DMCCA 2024 The CMA has issued its final conclusive determinations, naming Apple and Google alike as holding strategic market status ( SMS) for their respective mobile ecosystems, pursuant to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024)......

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NEWS

RSM UK, in a report released on 17 October 2025, said trustees should make reinforcing their cyber-risk frameworks a top priority. It further urged tighter fraud deterrence controls and the retention of printed copies of cyber plans in case systems are knocked out, the firm said. The intervention came after the National Cyber Security Centre ( NCSC) reported that the number of such serious incidents has more than doubled in the 12 months to September 2025. Erin Sims, RSM’s Fraud Risk Director, stated she expects cyber attacks on pension schemes to increase as the late 2025 Autumn Budget heads to Parliament and speculation builds over the tax-free status of pension lump sums. ‘ Many households are feeling the pinch as inflation climbs, and some......

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NEWS

See Q& A: What are the tax implications of parents selling their main residence at an undervalue to their son? When parents transfer their main home to their son for less than market value, several tax consequences may need to be weighed up. These span: capital gains tax ( CGT) inheritance tax ( IHT) potential pre-owned asset charges ( POAT) stamp duty land tax ( SDLT) For CGT specifically, a disposal of a principal residence is ordinarily covered by principal private residence relief under section 222 of the Taxation of Chargeable Gains Act 1992. Provided the property has been the sellers’ only or main residence for the whole period they have owned it, the gain is generally exempt, so no CGT arises on the sale at an undervalue......

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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