Legal News

Farley and others v Paymaster (1836) Ltd (trading as Equiniti) ( Information Commissioner intervening) [2025] EWCA Civ 1117 What are the practical implications of this case? The court’s confirmation that unlawful processing, by itself, can found a duty to compensate for ensuing damage emphasises the need for controllers to maintain rigorous UK data protection compliance that is well-documented and to record those measures, including clear documentation of steps taken and decisions taken. It also serves as a useful prompt that ‘processing’ spans collection, storage and organisation of personal data, and that even small departures from handling protocols may attract liability. Organisations should reassess incident response frameworks so that appropriate standards for logging, inquiry and remediation also apply to low-level events (for example, misdirected emails), and keep contemporaneous records of investigations and outcomes. Documenting investigation and remediation for seemingly minor mishaps can therefore be...

Kicks and another v MLS- Multinational Logistics Services Ltd (a company incorporated in Malta) [2025] EWHC 1958 ( Ch) What are the practical implications of this case? The ruling provides significant direction for practitioners advising and administering distribution plans under the 2021 Regulations, SI 716/2021, particularly where cross-border issues arise and safeguarded monies must be allocated despite a deficit. First, it emphasises the need for a meticulous reconciliation exercise to locate and classify relevant funds. Advisers should scrutinise every claim, especially when records are patchy or contradictory. Though labour-intensive, this step is essential to meet Objective 1 in reg 12.2 of the 2021 Regulations: returning the relevant funds as soon as reasonably practicable. Second, Mr Justice Mellor’s decision underlines that distribution plans must adhere strictly to the statutory scheme. Plans ought to set out clearly how claims are calculated, how any deficit is dealt with, and how late...

Short-duration storage—market and regulatory developments The Roadmap sets out a blueprint to expand short-duration flexibility across the energy system, blending active consumer involvement with focused network investment. Central to the consumer side is the Marketwide Half- Hourly Settlement ( MHHS) programme, unlocking dynamic, time-of-use tariffs and enabling innovative retail offerings that mirror real-time system conditions; Ofgem envisages delivery by 2030 at the latest. Complementary retail reforms aim to deliver tariff transparency, boost uptake of flexible appliances via smart functionality standards, and strip out disincentives, in the form of final consumption levies, on electricity exported from domestic storage and electric vehicles ( EVs). Under today’s arrangements, these levies are charged on electricity drawn into home and EV batteries and are not reimbursed when that power is sent back into the grid, thereby discouraging participation in consumer-led flexibility ( CLF). By 2050, EVs are expected to supply the...

Antitrust CAT dismisses application regarding request for further information about search warrants obtained by CMA in waste management investigation The CAT delivered its judgment in CMA v Gaskells ( North West) Limited, dismissing an application by Gaskells ( North West) Limited ( Gaskell) for further particulars from the CMA regarding warrants issued by the Tribunal. Those warrants enabled the CMA to enter and search commercial premises for the purposes of an investigation pursuant to section 25 of the Competition Act 1998......

According to the European Commission, EU farmers producing beef, poultry, sugar and other ‘sensitive’ agricultural products will benefit from protective measures—among them a safeguard tool and a contingency fund—to avert market upheaval linked to the EU‑ Mercosur accord. The EU‑ Mercosur Association Agreement, 25 years in preparation and hailed by EU officials as ‘historic’, will gradually phase down or scrap tariffs over the coming decade, ultimately forming a marketplace of 700 million people when fully implemented. In today’s unsettled geopolitical environment, EU trade chief Maroš Šefčovič said diversifying supply chains and deepening cooperation with trusted allies, partners and friends is not a luxury but a necessity, at a press conference. He added that these agreements will anchor the EU’s economic presence in Latin America, a presence that has been in......

Looking ahead: Irish developments Ireland for finance The Department of Finance’s public consultation to shape a new ‘ Ireland for Finance’ strategy runs until 19 September 2025. The Department invites feedback across the following themes: Operating environment: the legislative, regulatory and supervisory landscape and framework Sustainable finance: steps to position Ireland as a leading sustainable finance centre Innovation and technology: supports to spur innovation and adoption of emerging technologies (including generative AI and data analytics) Growth of indigenous start-up, scaling and innovative firms: actions to assist start-ups and scale-ups, including the national fintech hub Skills, talent & regional development: talent-pipeline initiatives and the attraction of investment in regions Governance, engagement and promotion: suitable governance for delivery of the new strategy, strengthened Government–industry interaction, and priority themes for international promotion Following review of the submissions and ongoing stakeholder engagement, a draft strategy will be presented to the Ministers by the end of Q1 2026, with...

Antitrust Commission penalises Eurofield and Unanime Sport €172,000 for incomplete information in synthetic turf sector probe The Commission stated it has imposed fines totalling about €172,000 on Eurofield SAS ( Eurofield) and Unanime Sport SAS ( Unanime Sport), the ultimate parent of Eurofield at the time of the infringement, for submitting an incomplete response to an information request issued as part of its ongoing inquiry into a possible infringement of Article 101(1) TFEU. Background On 7 June 2023, the Commission revealed that it had carried out unannounced inspections at the premises of companies active in the synthetic turf sector across several Member States. It explained that the inquiry concerns synthetic turf for sports use and noted its concerns that the inspected companies may have breached Article 101 TFEU. In the course of this investigation, the Commission also sent requests for information to the companies under...

Law360 delivers a brisk summary of several major IP milestones to date in what is fast becoming a standout year for intellectual property law in the UK. One prominent case is outlined below. Dream Pairs v Iconix The nation’s highest court decided—likely the year’s most significant trade mark judgment—that real-world proof of shoppers mistaking one mark for another ‘out in the wild’ suffices to establish infringement. In a much-awaited June 2025 decision, the UK Supreme Court unanimously held that brand owners can base their case on observations of bystanders viewing a product when assessing whether it breaches a trade mark. Joel Smith, partner at Simmons & Simmons LLP, hailed it as a watershed ruling that unequivocally embraces post‑sale confusion and will prompt litigants to cast the net wider for evidence bearing on a likelihood of confusion. Consequently, parties are expected to seek proof from a wider array of...

Challenging administrator appointments–improper purpose and Braganza duty ( Glint Pay Ltd & others v Baker and Rowley) Glint Pay Ltd and other companies v Baker and another [2025] EWHC 2166 ( Ch) What are the practical implications of this case? The first of the companies’ two grounds relied on the application of settled principles. However, the more consequential takeaways, of wider relevance, flow from the third of the companies’ three grounds. The court placed little weight on the secured creditor’s rationale for purchasing the debt/security—namely to locate and trigger an event of default so it could appoint administrators and then acquire the companies’ business at a reduced price. That wish to enable administrators to assume control of the companies’ assets, with that aim in mind, was not an improper purpose. Further, the court concluded that no Braganza duty is to be read into...

Antitrust Commission penalises Google €2.95bn for abuse of dominance in the adtech sector The Commission adopted an infringement decision and imposed a €2.95bn fine on Google for breaching Article 102 TFEU by distorting competition in advertising technology through self-preferencing practices ( AT.40670). Background The adtech ecosystem supplies digital tools that advertisers and publishers rely on to place real-time ads not tied to a search query, such as banner advertising on newspaper websites (display ads). In particular, the sector offers three core tools: Publisher ad servers used by publishers to manage advertising space across their websites and apps. Programmatic ad buying tools for advertisers to run automated advertising campaigns. Ad exchanges where publishers and advertisers meet in real-time, typically via auctions, to buy and sell display ads. Google’s main source of revenue is online advertising: it sells advertising space on its own websites and apps, and it also...

The permit-granting procedure The permit-granting process covers all requisite administrative authorisations to build, repower and run renewable energy plants, including those that combine several renewable sources, heat pumps, and co-located energy storage (power and thermal). It also extends to the assets needed to connect these plants, heat pumps and storage to the grid, and to embed renewable energy into heating and cooling networks, encompassing grid-connection consents and, where necessary, environmental assessments. The procedure includes every administrative stage, starting with the acknowledgement that the permit application is complete and concluding with the competent authority’s notification of the final decision on the outcome of the permit-granting process. Deadlines for the permit-granting procedure and overriding public interest RED III sets deadlines for the permit-granting procedure......

Cordiant Digital Infrastructure Ltd Cordiant Digital Infrastructure Ltd, a main market company on the London Stock Exchange, confirmed in April 2025 that the deal secured clearance from Ireland’s Competition and Consumer Protection Commission. On 1 September 2025, the investor reported that the BT unit supplies wholesale fibre and B2B connectivity to roughly 400 clients across Ireland. It also said Speed Fibre anticipates that pooling assets will enable delivery of a wider portfolio of connectivity products and services for customers. Simmons & Simmons LLP advised BT, while Irish firm Mc Cann Fitz Gerald LLP acted for Cordiant Digital Infrastructure Ltd on the deal. This summary draws on an article first published by Law360, a Lexis Nexis® company, on 1 September 2025 and is reproduced with permission. Further details are available at: www.law360.com/ (subscription required)......

Antitrust FCA consults on commitments by LSEG and landlord to address competition concerns over access to rooftop for low latency connectivity services The FCA has opened a consultation on its proposed acceptance of commitments from London Stock Exchange Group ( LSEG) and the landlord of the PGC Building, pursuant to section 31A of the Competition Act 1998. These undertakings are intended to resolve competition concerns tied to access to the rooftop of the PGC Building, which is used for the delivery of low latency connectivity services ( LLCS). The consultation concerns the regulator’s intention to accept these commitments. Background LLCS enable ultra-fast data transfer between trading venues, helping trading firms to complete orders at high speed, enhancing time-sensitive execution for high-speed trading activity across venues......

Courtenay- Smith & another v The Notting Hill Shopping Bag Company Ltd & others [2025] EWHC 1793 ( IPEC) (18 July 2025) The claims This IPEC ruling by Master Kaye delivers important lessons for those working across the creative industries and retail. The dispute centres on a range of IP rights in a logo splashed across tote bags much loved by visitors and residents in London’s Notting Hill. Both the original product and the item said to infringe are sold shoulder to shoulder at tourist destinations such as Portobello Road market. The claimants advanced allegations of trade mark infringement, passing off, and copyright infringement, with the competing signs reproduced at paragraph [31] of the judgment. Ultimately, however, the court’s conclusion did not hinge on how alike the bags appeared, but on shortcomings in how the claimants had managed and recorded their IP rights. The...

High Court Master Matthew Marsh stated he did not consider himself able to confirm as final the interim third‑party debt orders aimed at the personal pensions of Ratna Singh, former Chief Executive of Integrated Health Partners Ltd, and Oliver Bernath, a former director, notwithstanding what he described as compelling grounds. The claimants had attempted to oblige the defendants to withdraw pension monies so a liability would crystallise, capable of enforcement through third‑party debt orders. According to Judge Marsh, Singh and Bernath have acted in an abusive manner since being ordered to pay investors Ilya Zubarev and Serg Bell about US$1.6m in December 2022. The pair, the judge observed, have gone out of their way to cause the claimants added difficulty and cost. Even so, Judge Marsh refused to render the interim orders final. His reasoning was that, at the time of the...

Peter Dunn v Kostas Kazolides [2025] EWHC 2212 ( Ch) Mr Dunn, a former chartered accountant and insolvency practitioner, brought a claim for almost £9m against Mr Kazolides. The High Court held that Mr Kazolides (represented at trial by Dov Ohrenstein of Radcliffe Chambers and Canfields Law Solicitors) had given a guarantee in relation to a Cypriot company that owed substantial sums to Mr Dunn, yet the claim was dismissed. How could Mr Kazolides nevertheless prevail in his defence and avoid any liability to pay under the guarantee? By way of background, under a joint venture agreement, Mr Dunn advanced funds to the company to finance the development and sale of seven villas in Cyprus. The agreement stipulated that the loan became repayable upon ‘the insolvency of the company’ and, as the judge found, it also contained a guarantee from Mr...

AP Wireless II ( UK) Ltd v On Tower ( UK) Ltd [2025] EWCA Civ 971 What are the practical implications of this case? The Court of Appeal has provided fresh guidance on managing telecoms arrangements when reviewing agreements already in place. The crucial first step is to establish whether an existing arrangement is a lease or a licence and, accordingly, whether the Landlord and Tenant Act 1954 ( LTA 1954) or the Electronic Communications Code (the ‘ Code’) applies when considering renewal or termination. For those representing Operators or Site Providers who intend to commence the renewal or bring their current telecommunications arrangements to an end, it is essential to determine at the outset whether the arrangement is a lease or a licence. A licence falls within the Code and requires service of the prescribed notice in accordance with the Code. In light of this...

In this issue: Probate Elderly and vulnerable clients UK taxation for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Question of the week Daily and weekly news alerts Lex Talk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q& A Useful information Probate HMCTS Probate Service Professional User Group information session HMCTS Probate will host an online briefing for professional users of the probate service on Thursday, 24 September 2025, from 12 noon to 1 pm. The session will provide a general service update and an opportunity to raise queries on more complex matters, including cases involving orders, subpoenas and summons. Where feasible, the team will offer support on specific...

In this issue: Compulsory purchase orders Obtaining, amending and implementing planning permission Planning and Infrastructure Bill Planning for nationally significant infrastructure Buildings and Building Regulations Lex Talk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents Compulsory purchase orders High Court challenge to a Compulsory Purchase Order ( Saravanamuthu v Secretary of State for Communities, Housing and Local Government) The claimant disputed the lawfulness of the London Borough of Newham ( James Riley Point) Compulsory Purchase Order 2023, arguing, among other points, that the inspector’s method for evaluating the scheme’s financial viability was irrational and unlawful. Government guidance states that, where an acquiring authority seeks to exercise powers under section 226 of the Town and Country Planning Act 1990 ( TCPA 1990) to make a compulsory purchase order, the...

In this issue: Pension Schemes Bill The Pensions Regulator The Pensions Ombudsman Pensions dashboards Members and benefits Dates for your diary Trackers Pension Schemes Bill Amendments to Pension Schemes Bill published, including new Virgin Media remedy provisions A comprehensive schedule of suggested changes to the Pension Schemes Bill has been issued and is now under scrutiny at the Public Bill Committee in the House of Commons, where the clause-by-clause scrutiny of the Bill commenced on 2 September 2025. The tabled revisions span a wide array of adjustments designed to sharpen the Bill’s remit, define accountabilities more clearly, and enhance how it operates in practice. Altogether, there are more than 240 amendments and 30 new clauses ( NC1 to NC30), among them measures responding to the Court of Appeal’s ruling in the Virgin Media litigation, which are proposed for inclusion as a new Chapter 1 within Part 4 of the Bill. In Virgin Media v NTL...