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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Under Irish legislation, each company is required to have its financial statements examined by a statutory auditor, except where it qualifies for, and uses, an exemption. Until recently, per section 363 of the Companies Act 2014 ( Ireland) ( CA 2014 ( IRL)), a company that did not submit its annual return within 56 days of its annual return date forfeited the ability to rely on this exemption for the subsequent two years, effectively as a sanction for late filing......
Mergers Other developments The Commission approved the deal for joint control of Greysbridge Holdings Ltd, involving Arch Capital Group Ltd, TPG Inc., Kelso & Company L. P......
What are the practical implications of this case? The most recent ruling in the Providence v Hexagon dispute confirms that the courts can stay enforcement of adjudication awards when the cashflow advantage is outweighed by the danger of an employer paying monies it cannot later reclaim if the contractor becomes insolvent. Where an adjudicator finds for the contractor, yet the contractor faces insolvency risk and connected court proceedings are still on foot, the court may grant a stay on enforcement of the adjudicator’s decision, particularly where the outcome of those linked proceedings will determine whether the employer could ultimately recover sums that would otherwise have been paid. Contractors experiencing financial difficulty should therefore consider carefully whether to commence further proceedings until the first matter has been finally resolved. What was the...
EU developments ESAs Joint Committee publish fourth annual report on PAI disclosures under EU SFDR The Joint Committee of the three European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority— ESAs) has released its fourth annual report reviewing the breadth of voluntary principal adverse impact ( PAI) disclosures under Regulation ( EU) 2019/2088 ( EU SFDR). It notes steady advances by financial market participants ( FMPs) in fulfilling SFDR disclosure obligations, alongside better completeness and quality of the data submitted. The outcomes echo earlier trends and also draw on input from National Competent Authorities ( NCAs). See: LNB News 09/09/2025 30. Source: the ESAs report stronger efforts by financial market participants in setting out principal adverse impacts. Commission adopts technical standards for European Green Bond external reviewers The European Commission has adopted a...
State aid Commission consults on revised State aid rules for better access to affordable housing The Commission has opened a public consultation on suggested updates to the draft services of general economic interest ( SGEI) State aid rules designed to effectively tackle housing affordability challenges. Building on earlier stakeholder engagement, the move aims to address affordability pressures that go beyond conventional social housing provision alone......
Somani Hotels Ltd v Epping Forest District Council ( Secretary of State for the Home Department, intervening) [2025] EWCA Civ 1134 What are the practical implications of this case? Going forward, in matters of this sort, the High Court is apt to permit the Home Office to be added as a party even when the request is made very late in the process. The latitude for awarding injunctions of this kind on an interim footing—before the issues have been fully aired and determined at trial—is now limited. This follows the Court of Appeal’s clarification that: an interim injunction is aimed at preserving the lawful status quo pending trial. In a situation like this, where there is an ongoing (alleged) breach of planning control that has occurred intermittently over several years, it is preferable to maintain the status quo rather than for a judge at an...
The Court of Appeal affirmed a decision that National Iranian Oil Co ( NIOC) had not effectively transferred its London office to the Retirement, Saving and Welfare Fund of Oil Industry Workers, as the trust instruments were signed only by an agent. A three-judge panel was unanimous that the oil company’s property was not held on trust and therefore could not be ringfenced from its former partner, Crescent Gas Corporation Ltd of the United Arab Emirates, which is in a dispute to enforce an arbitration award. Delivering the judgment, Justice Antony Zacaroli, with whom the other two justices agreed, held that section 53(1)(b) of the Law of Property Act 1925 must be read as barring an agent from signing land into a trust; the owner must do so. I conclude that section 53(1)(b) requires written evidence of a declaration of trust over land to be...
This was a first‑instance ruling by a district judge, carrying no binding authority. Even so, it makes for a noteworthy read, transporting us back to the pandemic’s outset, when we wrestled with how to execute Wills while keeping socially distant-a period when keeping 2 metres apart and wiping down pens (and, truthfully, in my own home, sanitising the shopping) preoccupied us, for many of us across everyday life back then. The facts The deceased, Kathleen Bernadette Coady, passed away on 18 November 2022. The challenged Will, dated 25 April 2020, named one son (the defendant, Gerard) as sole executor and gifted him the residue, with a memorandum setting out why the other children were left out. An earlier Will, dated 31 March 2017, appointed another son (the Claimant, Peter) as executor, provided a number of legacies for children and...
Mike Ghias 1st petitioner Asghar Ghias 2nd petitioner and Sirnaomics Ltd 1st respondent DR Yang Lu alias Patrick Lu 2nd respondent [2025] HKCFI 4284 What are the practical implications of this case? The ruling reaffirms Hong Kong courts’ robust support for arbitration. When asked to stay court proceedings under section 20 of the Arbitration Ordinance, judges will pierce the form of the pleadings and focus on the dispute’s real substance. It also shows that pre‑ IPO instruments—members’ or shareholders’ agreements—can continue to bite after listing, notably through share transfer restrictions and legend requirements. Advisers should ensure clients appreciate the continuing force of those contracts and that controversies arising from them will ordinarily be referred to arbitration. On procedure, the case illustrates that a stay will be granted in aid of arbitration even where the legal questions are intricate or span multiple heads. Attempts to sidestep...
On 29 September 2025, Unite branded it ‘scandalous’ that the Pension Protection Fund ( PPF) reserves have kept swelling while older people are left in penury. Under the PPF and its sister scheme, the Financial Assistance Scheme ( FAS), benefits accrued before 1997 are not protected against inflation. Unite argued this means anyone whose pension was accumulated before that year receives only 50% of its real value in real terms overall, in practice......
Limits of court assistance under sections 43–44 Arbitration Act 1996 ( VXJ v FY, RH & XL) Limits of court assistance under ss. 43–44 Arbitration Act ( VXJ v FY, RH & XL [2025] EWHC 2394 ( Comm)) What are the practical implications of this case? This ruling underscores that relief against non-parties under the Arbitration Act 1996, sections 43 and 44, is rare and closely policed by the courts. Tribunal leave, though a prerequisite, is not determinative; the court applies its own stringent criteria of necessity, specificity and proportionality. Advisers should warn clients that leave from a tribunal does not confer an automatic right to relief. Pinpoint drafting is critical: wide-ranging formulations such as ‘all reports since 2016’ will be refused as impermissibly broad. A witness summons must identify particular documents or tightly bounded categories, leaving no discretion to the...
This note reviews the issues surrounding the recycling representations and the company’s response to them. As this matter illustrates, accusations of ‘greenwashing’—with tangible legal exposure—have intensified over the past two years, even amid shifting EU legislation. The legal risk attached to environmental claims has risen sharply. At national level in particular, multinational brands risk waves of challenges from rivals and consumer organisations, with significant financial and operational fallout. The stakes are high, as missteps can prompt complaints that carry real consequences indeed. Achieving the right equilibrium—clear, truthful claims that neither swamp shoppers with detail nor clutter the tight packaging ‘canvas’ in a visually appealing manner—remains demanding. Many are grappling with how to be precise and transparent while fitting messages onto a narrow labelling ‘landscape’. As brands progress on this steep learning curve, teams can draw lessons from cases like this. The complaint and issues raised with the...
Digital markets CMA publishes updated G7 compendium on competition in digital markets The CMA has issued a refreshed and updated edition of the G7 compendium setting out approaches to enhance competition within digital markets. Compiled by the Competition Bureau Canada for Canada’s 2025 G7 presidency, it succeeds earlier published versions overseen by the CMA (2021), the Bundeskartellamt (2022) and the Japan Fair Trade Commission (2023) respectively......
The High Court’s judgment, delivered on 30 June 2025 in AAA v BBB, stands as a reminder to practitioners that time limits must be observed and procedural rules strictly complied with. That caution arises in the setting of a worldwide freezing order obtained to support foreign arbitral proceedings, together with the applicant’s tardy steps. Put briefly and plainly, by the point at which injunctive relief was granted, the window to serve the requisite arbitration claim form had closed, and no extension had been pursued. Consequently, at the return hearing, the worldwide freezing injunction was lifted and discharged by the court. Injunctive relief and arbitration It is established that the courts of England and Wales may grant injunctive relief in aid of an arbitration agreement or arbitration proceedings, including those with a seat outside the jurisdictional boundaries. Part 62 of the CPR prescribes the...
Restructuring & Insolvency weekly highlights—2 October 2025 In this issue: Restructuring Personal insolvency Property insolvency Insolvency litigation Directors and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content New content Restructuring Re Madagascar Oil—‘ Cram across’ of a dissenting pari passu creditor after Petrofac This ruling addresses the first restructuring plan under Part 26A of the Companies Act 2006 ( CA 2006) for a finance creditor restructuring to receive sanction following the Court of Appeal’s seminal decision in Petrofac [2025] EWCA Civ 821. It featured a distinctive restructuring of a Mauritian company with a Malagasy subsidiary, and only two pari passu financial creditors—one in favour of the plan, and the other opposed. The Plan’s approval underlines that CA 2006, Part 26A continues to be a potent and versatile jurisdiction accessible to both English and...
In this issue: WTO Trade in goods Anti-dumping Customs Lex Talk® International Trade: a Lexis®Nexis community Daily and weekly news alerts WTO announces EU appeal of panel report on biodiesel import duties from Indonesia The World Trade Organization confirmed that the EU has lodged an appeal against the panel’s findings in Indonesia’s dispute over countervailing duties on biodiesel imports ( DS618), as noted at the Dispute Settlement Body meeting. Indonesia criticised the step, pointing to the Appellate Body’s current non-functioning state, while the EU reiterated its invitation for Indonesia to participate in the Multi- Party Interim Appeal Arrangement to preserve appeal rights. Ongoing deadlock among WTO members over filling Appellate Body vacancies continues to impede effective dispute settlement; Colombia, speaking for 130 members, again urged the launch of the selection process. The United States opposed the move,...
In this issue: New Towns Planning policy When planning permission is needed Highways and rights of way Compulsory purchase Localism Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Marine planning Lex Talk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents New Towns MHCLG publishes New Towns Taskforce report and initial response The Ministry of Housing, Communities and Local Government has released the New Towns Taskforce report together with its preliminary reply. The Taskforce—set up as an independent expert advisory panel in September 2024—pinpoints 12 candidate locations for new town projects across England and outlines proposed delivery routes. It advocates a blend of large-scale settlements, including urban extensions, urban regeneration schemes and standalone greenfield communities, with each new town providing at least 10,000 homes, of which no less than 40%...
( Next Era Energy Global Holdings BV, et al v Kingdom of Spain , No 19-1618, D. DC, 2025 US Dist) In 2007, the Dutch companies Next Era Energy Global Holdings BV and Next Era Energy Spain Holdings BV (together, Next Era) ploughed about €750m into two Spanish solar projects, relying on Spain’s guaranteed incentives for renewable producers. When Spain later withdrew those incentives, Next Era said its investment suffered serious harm. In 2014, Next Era commenced ICSID arbitration, alleging Spain breached the Energy Charter Treaty by denying fair and equitable treatment to its investment. On 31 May 2019, the ICSID tribunal granted an award of €290.6m, plus pre-judgment interest compounded monthly from 30 June 2016 until payment. On 3 June 2019, Next Era sought confirmation of the award in the US District Court for the District of Columbia under the ICSID...
In this issue: Building safety Adjudication Planning Infrastructure projects Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts Construction trackers Building safety MHCLG names interim Chief Construction Adviser for building safety and regulatory reform MHCLG has selected Thouria Istephan as interim Chief Construction Adviser on a 12‑month appointment, made through a direct ministerial route consistent with Cabinet Office guidance. In post, she will deliver independent expert counsel to ministers and the wider government on building safety and the programme of regulatory reform. This move implements the government’s response to Phase 2 recommendations from the Grenfell Tower Inquiry and is intended to steer reform and regulatory design while a permanent role is created next year. See: LNB News 01/10/2025 44. MHCLG issues second progress update on Grenfell Tower Inquiry Phase 2 recommendations The department has released its second quarterly update tracking delivery of the Phase 2...
In this issue: Arbitration in England and Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration New and updated content Useful information Lex Talk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England and Wales Court restricts document disclosure under the Arbitration Act 1996 In VXJ v FY [2025] EWHC 2394 ( Comm), the Commercial Court ( King’s Bench Division) refused an application under sections 43 and 44 of the Arbitration Act 1996 by which the claimant tried to obtain documents from the second and third defendants. The applicant sought either witness summonses pursuant to section 43 or, alternatively, an order under section 44(2)(c) to copy documents. The court found the applications were, in essence, impermissible disclosure bids, not tightly confined summonses for specific materials genuinely needed in the...
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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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