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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Trafigura PTE LTD (2) Trafigura India PTV LTD v (1) Mr Prateek Gupta (2) Mrs Ginni Gupta [2025] DIFC CA 001 What are the practical implications of this case? The Dubai Court of Appeal’s clarification is significant in light of the later passage of DIFC Courts Law No 2 of 2025. It decided that, notwithstanding that statute, the DIFC courts still have authority to grant freezing injunctions in aid of proceedings abroad. For lawyers handling cross-border disputes, the ruling matters because it confirms that freezing relief can be secured via the DIFC to stop assets being dissipated not only in Dubai but across the wider UAE. The court dismissed the respondents’ contention that the Arabic expression ‘ala an yatim’ (provided that) curtailed the court’s powers to situations concerning DIFC-sited property; here, the respondents and the assets were outside the...
Asset management & investment funds— EU & international developments— September 2025 The three European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority— ESAs) annual report on voluntary PAIs disclosures under SFDR The ESAs have released their fourth annual report on PAI disclosures under the SFDR. It concludes that financial market participants are supplying more comprehensive and higher quality disclosures, with large multinational groups most advanced. Smaller firms, by contrast, frequently blend generic environmental, social and governance or promotional material with SFDR content, leaving it unclear whether PAIs are being taken into account. The report also observes that more FMPs now provide entity‑level information in clearly labelled sustainability or SFDR sections on their websites, improving transparency and ease of access. It outlines examples of good and below‑average disclosure practices and offers...
Private actions CAT issues judgment on liability in power cables cartel follow-on action brought by London Array The CAT has delivered its judgment on liability in London Array Limited & Others v Nexans France SAS & Others, a claim for damages under section 47A of the Competition Act 1998 brought by London Array Limited ( London Array) and others against Nexans France S. A. S. and Nexans S. A (together, Nexans). The action is anchored in the European Commission’s (the Commission) Power Cables decision ( AT.39610) of the Commission, which determined that 11 manufacturers of high-voltage underground and submarine power cables, including Nexans, had participated in a market-sharing arrangement in breach of Article 101 TFEU. Background: London Array and its joint venture partners, RWE Renewables, Ørsted and Masdar, have pursued a follow-on damages action under section 47A of the Competition Act 1998 against Nexans in those...
On Monday, Justice Rory Mulcahy of Ireland’s High Court determined that Russia’s joint-stock entity, JSC, had accepted the authority of the Irish courts by lodging failed appeals against earlier orders and, in the course of those appeals, entering an unconditional appearance. He observed that GTLK Europe DAC and its affiliate, GTLK Europe Capital DAC, are each owned and controlled by JSC, which itself is owned by the Russian Federation. According to Justice Mulcahy, the Court of Appeal held that, by those steps, JSC had submitted to Irish jurisdiction. It also found that JSC’s absence at first instance was a tactical choice rather than any mistake on its part, and that it would amount to an abuse of process to allow JSC to raise in the Court of Appeal grounds it had deliberately declined to advance in the High Court. Delivering his...
The CPRC minutes for 4 July 2025—held in hybrid form at The Rolls Building ( Royal Courts of Justice) and by video link—address a range of matters set out below: interim serious crime prevention orders; digital rule-making for OCMC/ DCP and the OPRC’s prospective remit; changes on sealing/service of claim forms; a review of civil restraint orders; and the impending Extended Fixed Recoverable Costs stocktake consultation. Note: the CPRC no longer distributes the supporting papers with its minutes; accordingly, no explanatory documents accompany this News Analysis as such. A copy of the minutes is available here: Minutes of the CPR Committee meeting for reference and ease of access. Welcome, apologies and introductory remarks (item 1) The record of the 6 June 2025 meeting was approved (see News Analysis: Minutes of the CPR Committee meeting—6 June 2025). A clarifying change to public question 13 from the 9 May 2025...
The REMA Summer Update signals a decisive moment in the energy transition journey. For players across the renewable energy sector, grasping the ramifications of these shifts—and the next key developments to monitor closely—has never been more vital. Marianne Anton, a partner at Clyde & Co, sets out the headline elements of the latest REMA Summer Update and the priorities market participants should focus on now in particular. The road to the REMA summer update 2025 REMA began in July 2022 to examine the optimal route to a fair, affordable and secure power system. Though initiated under the former government, it still aligns with the current government’s mission to make GB a clean energy superpower and deliver clean power by 2030......
State aid Commission extends validity of rescue and restructuring State aid guidelines to end of 2026 The Commission confirmed a one-year prolongation of the current Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, thereby keeping them in force until 31 December 2026. This step safeguards continuity and legal clarity in applying the existing regime, while the Commission completes its ongoing review and revision of the framework. First adopted in July 2014, the Guidelines enable Member States to provide support to companies facing financial distress, subject to strict conditions that are carefully intended to minimise distortions of competition......
Holding senior managers to account underpins the FCA’s high-profile redress scheme, which has been out for consultation since 7 October 2025, following an August 2025 UK Supreme Court ruling that a lender acted unlawfully by not revealing a high commission to the broker and a contractual tie. Senior managers at lenders would oversee contacting customers and verifying whether the firm keeps disclosure records on car loans, which, lawyers noted, are frequently absent. The firm must also show it has approached the car dealerships it engaged as loan finance brokers, as well as customers for whom it often holds only limited details. Senior manager accountability If these controls fail, the senior managers signing an attestation would shoulder responsibility and could face FCA enforcement action. The hardest task will be deciding whether the firm provided sufficient disclosure to individuals to avoid...
Koza Altin İşletmeleri AŞ v Koza Ltd and another [2025] EWHC 2304 ( Ch) What are the practical implications of this case? Practitioners know that petitions to wind up on ‘just and equitable’ grounds are a crude mechanism for resolving stalemates and other shareholder disputes, especially when the impasse is ‘self‑inflicted’ through poor planning by the shareholders when setting the articles and/or omitting a robust (or any) shareholders’ agreement. Following Re Yenidje Tobacco Co Ltd, the court may step in where there is a true deadlock, and that principle is not confined to quasi‑partnership companies. Even so, outcomes are unpredictable and such petitions remain very much a measure of last resort. This ruling underscores those themes, in the context of a long‑running dispute and its particular facts and background. A late undertaking from the director, given at the eleventh hour, was enough to defeat an...
Asset management & investment funds: Irish practice developments— September 2025 Some annual compliance deadlines 31 December 2025— Individual accountability framework: RFSPs should deliver suitable, ongoing training so that staff understand their duties under the Conduct Standards and, in particular, the expectations attached to their specific functions and day-to-day roles. Firms ought to show clear evidence that each person has finished the required training and keep records up to date. 31 December 2025— Corporate governance: By year-end, complete the 2025 assessments of board and individual director effectiveness and the schedule of matters reserved to the board, and ensure these are finalised by the end of the year. A formal, documented evaluation, including a review of the chairperson, must occur at least every three years. Directors’ time commitments, confirmation of other directorships, adherence to...
In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts New content Updated content New Q& As Useful information Practice and procedure Reform to weddings law following Law Commission recommendations The Ministry of Justice ( Mo J) has set out proposals to overhaul weddings law in England and Wales, aiming for a more adaptable legal framework that gives couples greater freedom over the setting and form of their ceremony. Rather than controlling approved buildings, the revised model would regulate the officiants who preside over marriages. The programme stems from the Law Commission’s final report of 19 July 2022, which urged modernisation so the law mirrors the varied ways people choose to wed. Under the plans, ceremonies would no longer be confined to limited categories of venues. Couples could instead marry in a much wider array of places, so long as specified requirements are satisfied. The package also...
In this issue: Criminal liability Criminal procedure and evidence Appeal and judicial review Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Money laundering Other corporate crime and crime related news Daily and weekly news alerts New and updated content Latest Q& As Dates for your diary Trackers Useful information Criminal liability The Public Office ( Accountability) Bill ( Hillsborough Law): promoting candour, transparency and accountability The Public Office ( Accountability) Bill, often called the ‘ Hillsborough Law’ Bill, was brought before the House of Commons on 26 September 2025, and sets out suggested reforms concerning both statutory and non-statutory inquiries, together with coronial inquests. Its objective is to secure transparency, candour and accountability from public bodies, officials and those...
In this issue: Key developments UK immigration control: how it works Business, investment and non-sponsored employment Long residence and human rights Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Latest Q& As Key developments Future developments— Immigration calendar Our Immigration calendar highlights key upcoming developments for business immigration advisers. Key developments UK immigration control: how it works Labour government’s migration pledges examined The Migration Observatory has refreshed its review of the Labour administration’s migration commitments in light of current figures, highlighting that numerous patterns reflect Conservative‑era measures rather than Labour‑initiated policies. Net migration reached a high of 906,000 in June 2023, then fell by 52% to 431,000 in 2024. This reduction is chiefly attributed to visa curbs brought in by the Conservatives; Labour has kept these in place and set out...
Kate Albert, chief executive of Kova Professions On 7 October 2025, Kate Albert stated that a major FCA action on commission from motor finance arrangements signalled a developing position on transparency and fairness in distribution. The warning came after the FCA launched an £8.2bn redress scheme on 7 October 2025 for consumers who were treated unfairly because of hidden commission arrangements in motor finance contracts. Albert said insurance brokers could, in future, come under FCA pressure to disclose their own remuneration structures. She pointed to the principles at play, particularly the presumption of consumer detriment where disclosure......
On 3 October 2025, the High Court ruled that Alaska Airlines must remit a flat fee to Virgin Aviation TM Ltd, as this sum constituted the minimum amount due for the right to use the Virgin America branding, now defunct. The court also held that Alaska’s argument was a fundamental mischaracterisation of the minimum royalties, dismissing the claim that a separate payment obligation had expired once Virgin was said to have breached the licensing agreement. As set out in the judgment, the supposed breach occurred when Virgin operated a customer loyalty programme that let travellers redeem points for domestic flights operated by Delta Air Lines. In 2022, the US carrier sued Virgin, alleging the British conglomerate had violated a deal to deploy the Virgin America branding on some of its domestic US services, because the trademarks were also licensed to its...
In this issue: Data protection e Privacy Cybersecurity Lex Talk® Information Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Data protection Government departments update ECCTA guidance on AML information sharing measures The Home Office, HM Treasury ( HMT), the Ministry of Justice, Companies House, the Serious Fraud Office and the Department for Business and Trade have revised guidance on information-sharing measures under the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). Released on 3 October 2025, the document explains how anti-money laundering ( AML) regulated firms may share customer data either directly or via third-party intermediaries to prevent, detect and investigate economic crime. It outlines the conditions for warnings and requests when sharing directly, offers practical points including cross-sector sharing mechanisms, and sets out obligations for reporting to law...
Insurance & Reinsurance weekly highlights—9 October 2025 In this issue: Cases and decisions Insurance types UK Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Cases and decisions Aer Cap Ireland Ltd v AIG Europe SA This ruling follows the June 2025 decision ( Aer Cap Ireland Ltd v AIG Europe SA), where Judge Andrew Butcher found in favour of Aer Cap, the world’s largest aircraft lessor, and other leasing firms, confirming that jets and engines marooned in Russia after the 2022 invasion were effectively lost. This judgment sets out Mr Justice Butcher’s determinations on costs and provides his reasons on interest and on permission to appeal. See: [2025] EWHC 1430 ( Comm). Insurance types Cyber On 6 October 2025, LIIBA said the spiralling economic toll of...
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: Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Nuclear energy Air emissions, efficiency, and climate change International energy New and updated content Dates for your diary Trackers Key developments and materials Daily and weekly news alerts Electricity and gas market regulation and licensing Ofgem opens consultation on ED3 price control methodology for electricity distribution Ofgem has opened a consultation on the approach to the third electricity distribution price control ( ED3). The regime will govern Great Britain’s distribution networks from 1 April 2028 to 31 March 2033. Building on the ED3 Framework Decision, the proposals define methods for cost evaluation, financing and climate resilience across the five-year control period. The consultation runs until 3 December 2025. See: LNB News 08/10/2025 34......
In this issue: Scheme amendments, mergers and de-risking Disclosure requirements Disputes, discrimination and divorce Dates for your diary Trackers Scheme amendments, mergers and de-risking FRC to issue post- Virgin Media guidance for actuaries once Pension Schemes Bill in force The Financial Reporting Council ( FRC) has outlined plans to produce technical guidance to assist scheme actuaries in giving confirmations on pension scheme amendments, following the Court of Appeal ruling in Virgin Media Ltd v NTL Pension Trustees II Ltd [2024] EWCA Civ 843. That judgment held that past changes to contracted-out defined benefit schemes made between 1997 and 2016 are void unless a contemporaneous written actuarial confirmation under section 37 of the Pension Schemes Act 1993 was obtained at the point of change. Provisions in the Pension Schemes Bill currently before Parliament will allow confirmations to be given...
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
