Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
The Office of Financial Sanctions Implementation’s ( OFSI) annual report, issued on 15 October 2025, indicated that the enforcement of Russia sanctions continued to be the foremost priority, citing £22.5bn of assets reported frozen under the Russia regime—twice the £10.2bn recorded a year earlier. As of April 2025, the OFSI was managing 240 active compliance-related cases, with an expanding share not uncovered via self-reporting—151, up from 108 logged last year, the report further added. Giles Thomson, HM Treasury’s director of economic crime and sanctions, said it had been 'a year marked by significant progress in our mission to enhance the effectiveness of the UK's financial sanctions regime'......
At a London High Court hearing, Martin Evans KC of 33 Chancery Lane, acting for the Director of Public Prosecutions, confirmed the Crown Prosecution Service ( CPS) plans a UK programme to assist Chinese victims deceived by convicted fraudster Zhimin Qian. No further information about the scheme was available at once. Further particulars of the planned support have not been released, and the CPS maintains its position pending the court’s approach to victim redress within these proceedings. In written arguments, Evans added the CPS was not, for now, pursuing a civil recovery order, awaiting the court’s guidance on addressing victims’ interests. The CPS has moved to confiscate roughly 61,000 bitcoins—valued at around £5.1bn today—frozen in the UK’s biggest cryptocurrency case to date. In September 2025, at the outset of a London criminal trial, Qian, 47, also called Yadi Zhang, admitted...
Antitrust Commission carries out dawn raids in ski equipment sector The Commission disclosed it recently conducted surprise checks at the offices and facilities of several unidentified businesses operating in the ski equipment market. It suspects the firms under scrutiny could potentially have infringed Article 101 TFEU......
Ioannis Mallas v Persimmon Homes Ltd and another [2025] EWHC 2581 ( TCC) What are the practical implications of this case? This judgment provides useful guidance on the legal and practical handling of residential defect claims, whether framed in contract or under the DPA 1972. Key points include: Fitness for human habitation: For DPA 1972 purposes, a home will only be unfit where defects present a real threat to health or safety, or give rise to significant inconvenience. Not every fault or shortcoming in design or construction will be actionable under the DPA 1972. Appropriate remedial solution: Demolishing a newly completed property is an exceptional measure, justified only if the building is dangerous or structurally compromised. In general, claimants can recover the reasonable cost of rectifying defects. Where two remedial schemes are equally effective, the less costly should ordinarily be...
Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206 Factual background The dispute sprang from the dealings between Mr Kulkarni and Gwent Holdings Ltd, each a shareholder in a private hospital company and party to a shareholders’ agreement concerning it (the ‘ SHA’). Although the SHA recorded both Mr Kulkarni and Gwent as holding substantial stakes, in truth Mr Kulkarni owned only a single share, owing to peculiarities in the regulatory regime governing the private healthcare sector. Those recorded holdings did not reflect the operational realities mandated by regulation. Relations collapsed during the coronavirus ( Covid-19) pandemic, culminating in Gwent causing the company to: allot to Gwent the shares attributed to Mr Kulkarni under the SHA, together with further newly issued shares; assert termination of the SHA; and decline to recognise the appointment of a director whom Mr Kulkarni was entitled to...
Nikhil Rathi, the FCA’s chief executive officer ( CEO), dismissed the case put by the House of Lords Financial Regulation Committee that the programme’s documentation left the FCA’s consumer redress accessibility for consumers 'deeply unclear' overall. He told peers present that the FCA had set out plainly that 56% of agreements entered since 1 April 2007 would not be eligible for redress. That date is the earliest qualification point for motor finance agreements within the programme. ' What we are aiming to do through the scheme is address the fact that there will be a very substantial number of agreements, about which people are lodging complaints right now, that will receive no redress,' Rathi told the committee. The CEO defended the redress initiative that the FCA chose to undertake after the UK Supreme Court ruled in August 2025 that a car finance lender had acted...
How will this new national investigation differ from previous reviews such as Ockenden? In recent years, several high-profile examinations have scrutinised maternity services within NHS Trusts. Among them were the Kirkup inquiries into care at Trusts in Morecambe Bay and East Kent, alongside Donna Ockenden's review of services at Shrewsbury and Telford NHS Trust. While each set out broader lessons for maternity provision across the NHS, their core remit was to probe concerns arising within the specific Trusts involved. The Ockenden review, for instance, examined 1,592 clinical cases and found a notable share of adverse outcomes, including maternal deaths, stillbirths and babies suffering brain injury, that were probably preventable. A subsequent review led by Donna Ockenden is presently examining maternity care at Nottingham University Hospitals NHS Trusts, with findings expected in 2026. By comparison, Baroness Amos' national investigation is intended to pinpoint ways to cut the...
Macpherson v Sunderland City Council [2025] EWCA Civ 1159 What are the practical implications of this case? Brazen non-compliance with an order carrying a penal notice, where the breaches are wilful and purposeful, can and does result in committal to prison for contempt of court. What was the background? The proceedings concerned ‘ FP’, diagnosed with cerebral palsy and paranoid schizophrenia. The appellant was FP’s mother. In 2020, His Honour Judge Moir concluded that FP lacked capacity across several domains, a finding the appellant refused to accept. HHJ Moir’s judgment also made adverse findings: the appellant’s conduct towards care workers was ‘abusive and unpleasant’, and FP’s relationship with her was ‘enmeshed’ and ‘unhealthy’. He determined it was in FP’s best interests not to be cared for at home by the appellant; the appellant’s bid for permission to appeal was refused. The appellant’s behaviour did not alter. After a...
Private actions CAT dismisses ‘ Boundary Fares’ abuse of dominance claims against train operating companies The CAT has handed down its first trial judgment in three parallel collective proceedings brought by class representative Justin Gutmann against train operators, alleging abuse of dominance in the sale of ‘ Boundary Fares’ contrary to the Chapter II prohibition of the Competition Act 1998. The proceedings were: Justin Gutmann v First MTR South Western Trains Limited and Another Justin Gutmann v London & South Eastern Railway Limited Justin Gutmann v Govia Thameslink Railway Limited & Others The defendants— South Western Railway ( SWR), London & South Eastern Railway ( LSER) and Govia Thameslink Railway ( GTR)—were accused of infringing competition law; the Tribunal dismissed the abuse claims. Background ‘ Boundary Fares’ are top‑up tickets for Travelcard users, permitting travel from the outer edge of a...
Aon Plc reported that merely 2% of those polled from defined benefit-style schemes plan to allocate to UK productive finance during 2025–26, overall. The firm noted, notably in comparable surveys run in recent years, a waning appetite among pension schemes for illiquid assets, according to Aon. We expected this pattern to create a major obstacle to the UK government’s aims of boosting pension scheme investment in UK productive finance, the company added......
A cohort of war‑risk reinsurers, advised by Holman Fenwick Willan LLP, contended in their High Court defence on 16 October 2025 that they have no duty to pay any form of contribution indemnity to Chubb, following a landmark decision resolving the fate of aircraft stranded in Russia. Chubb is pursuing the reinsurers for debt said to arise from a June 2025 judgment in a trial addressing liability for aircraft left in Russia after the country invaded Ukraine in 2022. The dispute focused on whether the loss of the aircraft engaged war‑risk insurance policies, which carry payout caps, rather than the broader all‑risks policies. A ruling by High Court Judge Christopher Butcher consequently left Chubb responsible for US$5.7m......
Keating (as Administrator of the Estate and on behalf of the dependants of Geraldine Mary Catherine Theresa Birtles) v Abdisalan and another [2025] EWHC 1926 ( KB) What are the practical implications of this case? A bereavement claim cannot be advanced by an estate: section 1A of the Law Reform ( Miscellaneous Provisions) Act 1934 bars it on statutory grounds. Pressing such a plea hands the defendant victory and exposes the claimant to adverse costs. A dependency claim is more nuanced but, on these facts, is likewise unavailable. The decisive enquiry is whether the claimant has, or will, actually suffer the loss. If death occurs before that loss arises—even where the same negligence caused the fatal accident—the hypothetical, projected loss that would have been experienced had they lived is not recoverable. Although the court wrestled more with the legal analysis on...
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......
Mergers The Commission approved: establishment of a joint venture ( Sofon MRO Company) by Sofon Industries Company and ST Engineering Marine Ltd ( M.12134) following a phase I review—see further, Midday Express the purchase that grants sole control over FIAMM Energy Technology S.p. A. ......
DNO v DNP [2025] SGHC( I) 24 What are the practical implications of this case? DNO delivers two principal lessons concerning how to pursue natural justice objections, and how to prove foreign law by parties involved. First, the SICC has given firm guidance to arbitral participants that alleged breaches of natural justice should be raised without delay and as a matter of priority with both the tribunal and the opposing party during the course of the arbitration. It is enough to communicate the essence of the complaint; there is no obligation to say expressly that an application to set aside will be filed if the point is not addressed. A failure to do this may lead to the closure of any later attempt to have the award set aside on that ground. Do note, however, that this analysis is probably confined to...
R (on the application of Friends of the Lake District) v Lake District National Park Authority [2025] EWHC 2630 ( Admin) What are the practical implications of this case? The judgment confirms that section 11A(1A) of the 1949 Act (the Sandford principle) requires conservation to carry greater weight, but it is not an automatic veto when aims are in tension. Committees may lawfully find that public access and interpretation enrich cultural heritage while still according more weight to conservation, provided they explain the overall balance. Courts will not forensically dissect isolated comments from committee debates if the report and discussion show the principle was properly understood and applied. An attempt to cast Sandford as “conservation must always prevail” was rejected, so authorities should continue to record a clear, reasoned weighting exercise rather than treat Sandford as determinative in every instance. On conditions and evidence, the court...
Advanced Multi- Technology for Medical Industry (trading as Hitex) & others v Uniserve Ltd [2025] EWCA Civ 1212 What are the practical implications of this case? This ruling is a pointed reminder of the risks that flow from a hesitant or ambiguous reaction to anticipatory breaches. An unlawful notice of termination can be seized upon by the other contracting party as an anticipatory repudiatory breach, thereby bringing the agreement to an end and opening the door to a claim for damages. Conversely, if that party elects not to treat the breach as discharging the contract, the contract persists and remains enforceable, with performance required from both sides. The Court of Appeal underscored that there is no halfway house: a party cannot purport to keep a bargain alive while withholding its own performance under it. The judgment is also significant because the Court of Appeal held that the...
Pagden (as liquidator of Core VCT IV Plc and Core VCT V plc) and others v Fry and other cases [2025] EWHC 2316 ( Ch) What are the practical implications of this case? This decision clarifies that, although liquidators’ firms and their personnel may, in certain circumstances, invoke limitation clauses in relation to distinct contractual or tortious duties (always subject to the Unfair Contract Terms Act 1977 and fact-specific questions of vicarious liability), individual liquidators cannot restrict the statutory obligations that arise under a statutory trust. Sensible practice is for liquidators and their firms to revisit engagement letters to (a) set out, with precision, the separation between liquidators’ statutory functions and any contractual or advisory services; and (b) add explicit carve-outs confirming that limitation provisions have no application to the liquidators’ statutory duties. What was the background? The claimants are three companies that issued...
In this issue: Planning and Infrastructure Bill Marine planning Planning policy Daily and weekly news alerts New and updated content Related Documents Planning and Infrastructure Bill Planning and Infrastructure Bill: government ‘pro-growth’ amendments moving to Lords report stage. The government has set out a bundle of amendments to its Planning and Infrastructure Bill, to be scrutinised at report stage in the House of Lords from 20 October 2025. Framed as part of its ‘pro-growth’ push to speed up delivery of homes and infrastructure, the package introduces a fresh power for ministers to issue ‘holding directions’, preventing councils from refusing applications while a call-in is being considered. It also proposes safeguards to stop permissions expiring during judicial review, together with steps to streamline approvals for major projects. See: LNB News 14/10/2025 41. Marine planning Defra publishes response to consultation on Marine Recovery Fund. The Department for Environment, Food and Rural Affairs ( Defra) has...
In this issue: Employment taxes Companies and corporation tax VAT Budgets and Finance Bills International Real estate tax Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Employment taxes Court of Appeal dismisses ‘discontinuous contract of employment’ while confirming need for causal link to carelessness for extension of assessment timeframe ( Mainpay Ltd v HMRC) In Mainpay Ltd v HMRC [2025] EWCA Civ 1290, the Court of Appeal confirmed that extended assessment time limits apply where there is carelessness, and held that sporadic work under one contract is not continuous employment. HMRC was required to demonstrate a sufficient causal connection between taxpayer carelessness and the tax lost to justify using the longer time limits, and in this instance it satisfied that requirement. See News Analysis: Court of Appeal dismisses ‘discontinuous contract of employment’ while confirming need for causal link to carelessness for extension of assessment timeframe ( Mainpay Ltd v...
Popular documents
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 ]...
Discover more from LexisNexis
