Legal News

Original news Mrs R ( CAS-130671- J8K3)—18 March 2025 Summary The Pensions Ombudsman sided with a complainant over the handling of death benefits. The trustee did not carry out sufficient enquiries into every potential claimant to a dependant’s pension. Disproportionate weight was given to the member’s will, instead of assessing financial dependence. The trustee also failed to fairly evaluate an ex‑spouse for a discretionary lump‑sum death benefit, despite prima facie signs of dependency. This decision reinforces that trustees must undertake appropriate enquiries when determining death benefits. What were the facts? Mr L belonged to the Wellcome Trust Pension Plan (the Scheme). On his death, his survivors included Mrs R, Mr E, Ms K and Mrs N. Mrs R, his mother, had a home bought for her by Mr L, who also paid her council tax. Mr E was his brother and a co‑executor of the will. Mrs N, his former...

In June, Stack Data Strategy, commissioned by the International Legal Finance Association ( ILFA), surveyed 765 UK business leaders and uncovered notably robust backing for litigation funding overall. Over two-thirds (68%) held a favourable view of it, while only 7% were negative or opposed to it. A further survey of 1,501 UK adults by the same organisation also showed that merely 43% feel able to take on big companies unaided, with 29% not very confident and 21% not at all confident. Seventy-five percent said they would consider using litigation funding to help level the playing field when confronting corporate misconduct and wrongdoing. This, noted Rachael Kent, senior lecturer in digital economy and society at King’s College London, reflects what is seen in practice, pointing to a genuine justice gap that litigation funding helps bridge in the UK......

What are the practical implications of this case? This decision carries real weight for practitioners as it narrows HMO licensing offences and the levying of civil penalties to genuinely ‘ongoing’ management activities, rather than brief, ‘snapshot’ involvement by agents at the outset of a let. It is expected to bolster ‘let-only’ instructions for finding HMO occupants and putting tenancies in place. Local authority enforcement teams should treat this as essential reading and revisit any live matters targeting letting agents under comparable arrangements, particularly where the likelihood of achieving a conviction could be materially reduced... What was the background? The appellant was a director of Discover Residential Ltd (the Company), a letting agency based in Essex. On 20 April 2023, the respondent local housing authority issued him with a financial penalty of £7,064.32 after the Company—acting on a ‘let-only’ basis—had arranged the letting of rooms in a...

A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract The Employer’s authority to issue instructions is frequently assumed, and routinely treated as a given within the contract framework, rather than examined closely on each project. This note outlines the Employer’s entitlement to instruct and explains the constraints, including those relating to changes after practical completion. Citations are to the JCT Design and Build Contract (2016) ( JCT D& B Contract), arguably the most commonly used JCT form; in light of the 2024 suite, clause references for DB 2024 are also provided where they differ. Where does the power to instruct come from? Clauses 2.1.4 and 3.5 oblige Contractors to act on every valid Employer’s instruction ‘forthwith’, meaning as soon as is reasonably practicable and without delay. What is the scope of the Employer’s power to...

Marcus v Marcus [2025] EWHC 1695 ( Ch) What was the background? Stuart Marcus, a successful toy manufacturer, established a discretionary trust in 2003 for his ‘children and remoter issue’ and their spouses. At the time, he believed he had two biological children, Edward and Jonathan. Unbeknown to him, Edward may have been conceived during an affair Patricia, his wife, had within the marriage. The truth emerged in 2010 when Patricia told Edward that Stuart was not his biological father. That information was withheld from Stuart until his death in 2020, and Jonathan likewise remained unaware until he was told in 2023. After learning this, Jonathan commenced proceedings to exclude Edward from the trust, contending that he did not fall within the defined class of beneficiaries. In the first instance ruling ( Marcus v Marcus [2025] 2 All ER 446; [2024] EWHC 2086 ( Ch)),...

Key deadlines 5 August 2025— EU register of third countries with strategic AML/ CFT weaknesses— The updated EU register of third nations with strategic shortcomings in their AML/ CFT frameworks becomes effective and applicable from 5 August 2025 across the European Union. H2 2025— Liquidity management tools ( LMTs) available to AIFMs managing open-ended AIFs and to UCITS— The European Commission must decide by 15 August 2025 whether to adopt ESMA’s draft Regulatory Technical Standards ( RTS) on LMTs, as discussed here. Under the draft RTS, entry into force occurs on the twentieth day after publication in the Official Journal of the European Union. ESMA will translate and issue its accompanying guidelines following the Commission’s adoption of the draft RTS, and the guidelines will apply from the date the RTS take effect. Funds already in existence before the RTS take effect will have twelve months to...

Although the guidance is not statutory, it is comprehensive and, at times, couched in obligatory terms, and in places stated in mandatory language. Unsurprisingly, it provides direction on the legal obligations the guidance engages with, on consultation, on the environmental assessment of options, on the statutory annual review of the DWMP, and on how it interfaces with other plans. Taken together, the guidance comprises three documents in all: a short introductory paper touching on key issues that arise when preparing DWMPs (‘doc1’); a detailed, step-by-step ‘how to’ guide setting out the process (‘doc2’); and a set of thresholds for reporting purposes, in addition to the undertakers’ performance indicators (‘doc3’). It is addressed to those preparing the DWMPs, but will be of real interest to all who care about the state of our infrastructure and the...

J. B. de M & others v C. C. B. C & others, Appeal No 1110671-64.2023.8.26.0100, Court of Appeals of the State of São Paulo ( TJSP) What are the practical implications of this case? Viewed pragmatically, the judgment carries at least three notable consequences. It confirms and strengthens the reading, already reflected in precedent and academic commentary, that under Brazilian law applications to annul foreign arbitral awards must be brought before the courts at the seat. It further indicates that, where the parties opt for a foreign seat of arbitration, they cannot vest Brazilian courts with competence to hear annulment claims by relying on forum selection clauses. This latter point is significant because, although such a clause would, in principle, be admissible under Article 22, item III, of the Brazilian Code of Civil Procedure, the TJSP’s approach narrows party autonomy over...

Employment Tribunal ( ET) judge Patricia Tueje found that Serco Ltd’s 'sole or main purpose' in announcing, in May 2023, a 7% pay uplift publicly was to circumvent its collective bargaining with the Prison Officers’ Association ( POA). At that stage, talks conducted by the POA for the workforce had not concluded, the ET recorded in a decision released on 1 August 2025. According to the judgment dated 23 July 2025, the UK public services group had stopped seeking a negotiated settlement on pay; internal correspondence confirmed the stance was to 'hold the line'. Tueje J concluded that the company 'had made the conscious decision to no longer engage meaningfully in collective bargaining'. The ET held it was no longer seeking an agreed pay rise through negotiation......

Mold Investments Ltd v Holloway ( Jeremy Hazlehurst, intervening) [2025] EWCA Civ 986 What are the practical implications of this case? This judgment tackles a challenging factual matrix where documents put forward to obtain a freezing injunction were said to be forged. Deciding whether they were in truth forgeries called for, in effect, a mini-trial featuring cross-examination and expert evidence. Established guidance, including Derby & Weldon Co Ltd v Weldon [1990] 1 Ch 48, cautions against resolving hotly disputed facts on an interim application before trial. Strict adherence to that approach in circumstances like these would, however, defer uncovering an apparent contempt of court deployed to secure a freezing injunction. The case illustrates the tension between the principle of avoiding factual determinations at the interlocutory stage and the need to address potential abuses of process that underpin interim relief......

The EAT ruled on 31 July 2025 that the government was not responsible for indirect discrimination against Louise Askester and 126 other care home employees simply for having published guidance on who could be excused from the jab, because that guidance did not exceed what statute demanded. Auerbach HHJ observed that, given its balanced and accurate statement of the law, and the consistent emphasis on advising employers about what was required to ensure compliance with the law, it was not realistically arguable that a tribunal could properly judge it fair, reasonable or just to hold the Secretary of State or the Department of Health and Social Care to account. In 2021, fresh UK rules mandated vaccination against COVID-19, for care home staff, save where a medical exemption applied under the relevant regulations at the time......

UT considers whether the decisions in Martland and Katib are binding on the FTT ( Medpro Healthcare Ltd & Another v HMRC) Medpro Healthcare Ltd & Another v HMRC [2025] UKUT 255 ( TCC) The Upper Tribunal stated that section 83G(6) of the Value Added Tax Act 1994 affords the First-tier Tribunal an unrestricted power to permit late appeals. A key issue on this appeal was whether that broad discretion has been improperly confined by prior UT rulings. In Martland v HMRC [2018] UKUT 178 ( TCC) ( Martland), the UT indicated that, when the FTT decides whether to admit a late appeal, it should adopt a three-step framework: determine the period of the delay identify the cause(s) of the delay undertake a balancing evaluation of all the circumstances of the case In HMRC v Katib [2019]......

State aid Commission launches call for evidence on technical updates of the ETS State aid guidelines The Commission has opened a call for evidence seeking views on proposed technical revisions to the Emissions Trading System State aid guidelines ( ETS Guidelines). As set out in the European Chemicals Action Plan of 8 July 2025, ETS Guidelines are to be revised to bring additional sectors within scope......

United Carpets ( Franchisor) Ltd v HMRC [2025] UKFTT 895 ( TC) While selecting flooring in one of the appellant’s stores, a customer could also elect to have the installation carried out by an independent, self-employed fitter, with a fitting price indicated but not set by the appellant. Payment to the appellant related solely to the flooring. Where a fitter was introduced by the appellant, that fitter would deliver the flooring to the customer’s home and, before starting work, determine whether the estimate was adequate and, if needed, agree a higher figure with the customer. The fitting charge was payable by the customer direct to the fitter once the work was completed. The appellant received none of the fitting monies and had no knowledge of the sum actually paid for that service......

Mergers Aramark/ Entier referred to phase 2 The CMA has sent to phase 2 the finalised takeover of Entier Limited ( Entier) by Aramark Limited ( Aramark)......

At the EAT, Judge Mary Stacey accepted several submissions advanced by Tesco in its protracted battle over an equal pay claim affecting 55,000 employees. The appeal concerned a demanding evidence-gathering exercise in which the tribunal had to determine whether two roles were comparable and what proof was adequate to support that conclusion. The EAT judge sided with Tesco and found that the Employment Tribunal ( ET) had fallen into a number of errors when assessing how to compare the roles of female shop staff with those of better-paid men working in distribution centres. The men operated as the comparators in the case. One such mistake, the EAT said, was the ET’s decision to exclude certain performance targets from the assessment of job value on the basis that they were ‘unreasonable’. However, Stacey J held that it is not for an ET to rule on the...

The High Court found that Kevin-gerald Stanford, previously Kevin Gerald Stanford, had persisted in asserting that the share sale agreement for a fashion label was void on the basis of fraudulent inducement, thereby breaching a court order. The finding concerned his insistence that he had been fraudulently induced to sign it. HHJ Paul Matthews stated he was satisfied, to the criminal standard of proof, that Mr Stanford violated the order by reviving the fraud allegations in a January letter and in a later paper sent to a division of private equity house Lion Capital. He explained that these amounted to clear statements that, due to the alleged fraud, the bank never acquired good title to the respondent’s shares and that they therefore still belong to him. Yet those same shares were subsequently sold by the bank to the applicant, meaning the...

Lawyers for three unnamed individuals and the Good Law Project contended that elements of the Equality and Human Rights Commission’s ( EHRC) guidance on which workplace toilets trans people may access are unlawful. Alex Goodman KC argued that, under workplace regulations on the provision of single-sex toilets, the terms men and women must be read as encompassing trans men and trans women. In a pre-action letter, the not-for-profit group and the individuals—a transgender woman, a transgender man and an intersex woman—stated in May that they intended to bring a legal challenge to the EHRC’s advice on using lavatories at work. They maintained that the Supreme Court’s interpretation of the Equality Act 2010 does not extend to legislation governing the use of lavatories, which contains no definition of ‘man’ or ‘woman’. The group is seeking permission from Judge Jonathan Swift to pursue judicial review to...

D. E. L. T. A. Merseyside Ltd and another v Uber Britannia Ltd [2025] UKSC 31 Uber’s business model has faced a series of legal challenges. In R ( United Trade Action Group Ltd) v Transport for London [2021] EWHC 3290 ( Admin) (proceedings in which Uber London Ltd was a party), the High Court declared that the Private Vehicles ( London) Act 1998 renders it unlawful for any operator of private hire vehicles in London to accept a booking unless, acting as principal, it enters into a contract of hire to provide the passenger with the journey that is the subject of the booking under that Act accordingly......

Lowe v The Governors of Sutton’s Hospital In Charterhouse [2025] EWCA Civ 857 What are the practical implications of this case? The tenancy deposit regime is not elegantly drafted and has prompted a wave of technical litigation. This judgment offers useful clarity on how courts approach imperfect landlord compliance: A prescribed information certificate containing an inaccuracy should be interpreted as any statutory notice. If a reasonable recipient would grasp the correct details from it, the legislative requirements are treated as satisfied. The absence of a signature on the prescribed information certificate did not invalidate it. Here, the certificate was sent with a covering letter signed by the landlord’s agent; read together, the latter authenticated the former for the purposes of the statutory scheme. What was the background? In January 2010, C entered a contractual fixed-term tenancy of a residential flat within the...