Legal News

Lorenz v Caruana and others [2025] EWCA Civ 606 What are the practical implications of this case? The ruling underscores that claims premised on obligations said to arise from spoken discussions will seldom be apt for summary judgment. Here, the supposed duty took the form of a secret trust; nonetheless, the reasoning equally touches claims of purported oral contracts more broadly. It serves as a prompt to advisers that, where a case turns mainly on witness accounts, save in exceptional instances the court will be unable to resolve factual disputes ahead of trial. A bid for summary judgment is therefore unlikely to prosper unless the material refuting the existence of any oral bargain is compelling in the extreme, or the asserted obligation conflicts with a settled legal principle, on both the facts and the law advanced. What was the...

The UPC’s Munich LD in a recent ruling granted global agrichemical group Syngenta's request to include non- UPC territories in its infringement claim in light of the Court of Justice’s decision on jurisdiction in BSH v Electrolux . In a recent order, the UPC’s Munich local division permitted global agrichemical group Syngenta to broaden its infringement action to encompass non‑ UPC territories, taking its cue from the Court of Justice’s jurisdiction ruling in BSH v Electrolux. In Syngenta v Sumi Agro, the Munich LD aligned with the UPC Court of Appeal’s approach in TGI Sport v AIM Sport, concluding that the amendment could not realistically have been made earlier. As a result, post‑ Electrolux bids to extend claims to cover non‑ UPC states are likely to be frequent, at least in the near term, and the UPC will address them on a...

Standing Mechanism for the resolution of international investment disputes In September 2024, WG III examined how tribunal members should be selected and appointed. The discussions were intense and highly detailed, with political ramifications. Briefly, the outcome was: Qualifications and requirements: priority on professional expertise and high competence; experience across roles and functions (such as arbitrator, judge, mediator or counsel) to be assessed holistically to ensure diversity in Tribunal composition; experience managing international disputes was noted; experience working with governments, including through the judiciary or the foreign or civil service. Candidates and members would be subject to the Code of conduct for judges in international investment dispute resolution, requiring independence and impartiality......

R ( Grantchester Parish Council) v Greater Cambridge Partnership [2025] EWHC 923 ( Admin) What are the practical implications of this case? This was a highly atypical judicial review, because five witnesses gave oral testimony to resolve the single disputed issue of whether, in the terms alleged by the claimant, a local councillor made an oral commitment at an informal meeting. As might be expected, differing recollections across the witnesses meant the oral evidence was ultimately inconclusive. The court applied the practical guidance in Gestmin v Credit Suisse [2013] EWHC 3560 ( Comm)—guidance more often seen in commercial litigation—namely that a judge should place little, if any, reliance on what witnesses recall being said in meetings and conversations, and should instead anchor factual findings in contemporaneous documents and in known or probable facts. Accordingly, the court preferred the documentary record and the inherent...

Court of Appeal upholds competition tribunal findings The Court of Appeal has confirmed the competition tribunal’s conclusions, effectively excising part of the investors’ case against Binance and several other crypto‑exchanges over their moves to halt trading in Bitcoin Satoshi Vision ( BSV). Created by Australian computer scientist Craig Wright, who falsely asserted he was Satoshi Nakamoto, BSV was delisted in 2019. Roughly 75,000 holders maintained that removing the coin’s listing throttled its development and prospects. They argued for around £8.99bn in damages for a ‘loss of chance’ that BSV would become a top‑tier cryptocurrency, potentially rivalling bitcoin’s value, had trading continued across exchanges. However, the appellate court endorsed the Competition Appeal Tribunal’s rejection of that thesis, finding that compensation should not be paid for the mere possibility that BSV’s price might have rocketed in a market as ‘volatile’ as...

The Czech Republic v Diag Human SE [2025] EWCA Civ 588 What are the practical implications of this case? For those engaged in investment treaty arbitrations, this ruling is noteworthy for the Court of Appeal’s treatment of investment treaty jurisprudence on what it means to qualify as an ‘investor’ under BITs. The Court of Appeal determined that a legal entity which, on its own, did not satisfy the definition of ‘investor’ must be subject to de jure control—rather than merely de facto control—by a qualifying investor (here, an individual) to attain investor status. The judgment also provides helpful guidance on the reach and consequences of Articles 23 and 32 of the United Nations Commission on International Trade Law ( UNCITRAL) Rules, addressing Pleas as to the jurisdiction of the tribunal and Waiver of the right to object. More broadly, the decision will interest...

Mergers The Commission approved the deal by H. I. G. Europe Middle Market Holdings, L. P., securing exclusive control over TIMETOACT Holding Gmb H......

Jusan Technologies Ltd v Uconinvest Llc [2025] EWHC 704 ( Ch) What are the practical implications of this case? The key takeaways are: Companies and shareholders should think carefully about the mechanism for future share transfers when negotiating a shareholders' agreement. In this matter, the stipulation for a deed of adherence signed by the company and every shareholder created notable and unnecessary obstacles Share purchasers ought to carry out thorough due diligence to identify any terms in the articles of association or shareholders' agreements that might later hinder the transfer and registration of shares CA 2006, s 40 is designed to be wide-ranging, yet it still leaves certain constraints on the directors' authority to bind the company What was the background? JTL applied under CA 2006, s 125(1) for rectification of its register of members by removing the name of Uconivest LLC (...

Antitrust CMA accepts Vifor’s commitments to end CMA’s abuse probe into disparaging treatment in iron treatment market The CMA has confirmed it will accept commitments from Vifor Pharma ( Vifor) to address concerns that it abused a dominant position by issuing misleading claims about a competing intravenous iron treatment. By way of context, on 31 January 2024, the CMA opened an investigation into whether Vifor—the company behind the intravenous iron deficiency medicine Ferinject—had curtailed competition by circulating misinformation to healthcare professionals about the safety of a rival product, Monofer, supplied by Pharmacosmosa, a family-owned specialist pharmaceutical company. To resolve the CMA’s competition concerns, Vifor has undertaken to: make a voluntary payment of £23m to the NHS rectify any potentially misleading communications issued by Vifor Pharma regarding the safety of Monofer and Ferinject through a multi-channel communications campaign directed at healthcare...

Home Office plans to prohibit public-sector organisations from paying ransoms, and to require other entities to consult with the authorities before contemplating any transfer to their attackers, are designed to undercut the prevailing ransomware business model by making the UK a far less lucrative destination. Yet lawyers also warn the measures, set out in a wide‑ranging government consultation, may underestimate their opponents. Julian Hayes, a partner at BCL Solicitors LLP, described the idea as “deceptively simple and unquestionably well‑intentioned”, but said it verges on the naive. He added that, even if it succeeded, it would simply divert ransomware operators towards softer targets. According to the Home Office, ransomware drew in more than £1bn from victims worldwide in 2023. It has become a profitable stream of cash for cybercriminals and state‑sponsored actors able to penetrate businesses and public agencies and seize control of their...

The Department for Work and Pensions stated the proposals would 'boost investment' while delivering advantages for pension scheme members. Specifics of the overhaul remain uncertain; however, ministers confirmed that a formal reply to consultations will appear in the coming weeks, with initial draft provisions set to feature in the next Pension Schemes Bill. Torsten Bell, the Pensions Minister, argued that expanding surpluses in pension funds can be put to productive use. ' At present, certain trustees are prevented from passing on the value of a surplus, but our approach will enable every scheme to do this safely, thereby unlocking higher levels of investment across......

after the Irish privacy regulator said today the social media company has introduced ‘significant’ steps to uphold users’ own personal data rights when training its AI system with public Instagram and Facebook content. The Irish Data Protection Commission said Meta has been ‘responsive’ to its requests to carry out its recommendations concerning the potential impact on individuals’ data protection rights when teaching its AI model with public posts from adults. Meta first unveiled its plans to commence training of a Large Language Model in March 2024. The company halted the plans after the Irish watchdog highlighted several privacy shortcomings. AI systems, especially Large Language Models, are often trained with vast amounts of data gathered on the open internet without much separation between personal and non-personal data. Pressure groups, such......

Mergers The Commission approved: the securing of joint control over Kee Safety Group by Inflexion Private Equity Partners LLP and 65 Equity Partners Pte. Ltd ( M.11983) following a phase I investigation—for further details, see Midday Express the attainment of joint control of Grand Bahamas Shipyard Ltd......

What are the practical implications of this case? The National Farmers’ Union v Herefordshire Council and another [2025] EWHC 536 ( Admin) has consequences for how agricultural projects that produce manure are regulated. It is especially relevant to the oversight of large livestock operations, including intensive poultry units. The ruling makes it less likely that agricultural manure will be treated as outside waste-related controls and obligations. In practical terms, promoters of new livestock units in Herefordshire may now be expected to prepare waste management method statements. The decision also matters for those seeking to devise, challenge, or defend planning policies that address issues such as the handling of agricultural waste. On the facts, the court concluded it was not necessary to confine the scope of the local plan to the definition of waste contained within the Planning Acts......

Full statement below: 21st May 2025 Across the last two years, the DPC has worked closely and intensively with numerous leading technology firms driving AI innovation, particularly around how adults’ personal data is used to train Large Language Models within the EU/ EEA. We recognise that applying the General Data Protection Regulation ( GDPR) to this rapidly evolving field is intricate; nevertheless, via our supervisory engagement the DPC has clarified for companies exactly what is expected in order to mitigate significant risks and potential harms to individuals. As a result of this engagement, several companies have introduced enhancements and extra data protection safeguards ahead of launching in the EU. In March 2024, Meta notified the DPC of its intention to train its Large Language Model on public content posted by adults on Facebook and Instagram throughout the EU/ EEA. Following engagement with Meta and a...

Background to NISTA’s formation Bringing the NIC and IPA together tackles the entrenched gap between high-level planning and on-the-ground delivery that has long hindered major infrastructure schemes. This move is backed by strong evidence: the Construction Leadership Council reviewed 20,000 schemes and found that thorough front-end planning cut costs markedly and sped up completion. The NIC’s 2024 report also singled out the split between strategy and execution as a key cause of rising UK infrastructure costs. By merging, government intends to streamline infrastructure development, trim red tape, and strengthen coordination across all facets of delivery. NISTA’s role and potential impact NISTA’s brief goes well beyond tidying up structures. It will act as the focal point for both strategy and delivery, from shaping the ten-year infrastructure plan to advising on private finance and delivery practice. In priority places like the Oxford– Cambridge Growth Corridor, NISTA will plan in the...

Full statement below: Commission calls on 19 Member States to fully transpose the NIS2 Directive. Today, the European Commission resolved to issue a reasoned opinion to 19 Member States ( Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Spain, France, Cyprus, Latvia, Luxembourg, Hungary, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland and Sweden) for not notifying full transposition of the NIS2 Directive......

Re Madagascar Oil Ltd [2025] EWHC 1015 ( Ch) What are the practical implications of this case? This judgment marks the first reported approval of an English restructuring plan that splits two creditors into separate classes, establishing a benchmark for using the fewest possible classes to ring-fence objecting creditors. Businesses can be more confident about placing creditors into tailored classes even where they would share the same insolvency ranking, provided the plan delivers materially different outcomes for them. The ruling endorses recognition of divergent creditor interests where it is not feasible for those creditors to confer with a view to their common interest... What was the background? Madagascar Oil Ltd ( MOL) is a Mauritian-incorporated company with its head office in the UK. It forms part of a group that includes its operating subsidiary, Madagascar Oil SA ( MOSA), and its parent, BMK Resources Ltd ( BMK). The group...

A three-judge panel of the state appellate court, in an opinion authored by Justice Le Roy K Martin Jr, held that the lower court correctly determined that Abb Vie shares issued to Allergan shareholders were exempt from registration, among other determinations. The ruling records that Abb Vie completed its acquisition of Allergan in 2020, with Allergan holders receiving cash and new Abb Vie shares in exchange for their former Allergan stock. When unveiling the deal, Abb Vie stated it would rely on section 3(a)(10) of the Securities Act of 1933, a provision that dispenses with registration where securities are swapped for other securities and, after a hearing, a court or governmental body regards the exchange terms as fair. The required ‘fairness hearing’ was held in May 2020 before the High Court in Dublin, Ireland, and the merger was approved after the court found: the merger was fair and...

LCP stated that HSBC, Nat West, BP the oil giant, Barclays and Lloyds Banking Group together held over £20bn of the FTSE100’s £40bn pension scheme surplus at the end of December 2024. The average surplus for firms with a UK defined benefit pension plan on that index is £600m, the consultancy added. Funding surpluses in defined benefit arrangements have surged—a stance LCP says is set to endure. The adviser also noted there has been an overall surplus across the UK’s top 100 companies for five consecutive years, and that 80% of that cohort with a defined benefit pension workplace savings scheme reported a surplus at their 2024 balance according to LCP at year-end 2024......