Legal News

ICO response to Google’s device fingerprinting decision In December 2024, the ICO responded to Google’s move to lift its ban on device fingerprinting (gathering and merging details about a device’s software and hardware to identify it) for organisations using its advertising products, with the change effective from 16 February 2025. See: LNB News 19/12/2024 73. This followed Google’s July 2024 decision to keep third party cookies. In its response, the ICO condemned Google’s choice to allow device fingerprinting for advertising as ‘irresponsible’ and underlined that device fingerprinting: requires consent — it can identify devices even when cookies are blocked or location is hidden; although commonly deployed for fraud prevention, the ICO reiterated it remains subject to the usual consent rules reduces user control — despite browsers now offering ‘enhanced’ tracking protection, the ICO said fingerprinting is not a fair way to track people online as it...

Director of Public Prosecutions v Jinks [2024] EWHC 3341 ( Admin) What are the practical implications of this case? The decision underscores that proceedings commenced after the statutory limit are without jurisdiction and must be dismissed. For practitioners or parties assessing whether a prosecution is out of time, and in relation to CA 2003, s 127 or comparable enactments, the decision makes clear that the start of the limitation period driven by knowledge is not necessarily the same date as the decision to prosecute. The operative date is when all the evidence underpinning that decision first came within the prosecutor’s knowledge. The relevant prosecutor is, as here, the DPP as an office, not the particular individual who ultimately chose to prosecute, even if the function is delegated to one prosecutor and, on appeal, another later reconsiders the file. Accordingly, internal handovers or appellate...

Getty Images ( Us), Inc and other companies v Stability Al Ltd [2025] EWHC 38 ( Ch) What are the practical implications of this case? The decision highlights three practical points when pursuing claims in a representative capacity. Parties must understand the criteria for representative actions (succinctly set out at paragraph [57] of the judgment). In particular: define the class under CPR 19.8 precisely so every member can be identified ensure the class definition is not contingent on the litigation outcome; avoid definitions tied to disputed issues all class members must share the same interest; beware framing issues at too general a level, which unravels on closer analysis Sensible case management is equally vital, especially in complex disputes. The court repeatedly indicated—adversely to the representative route—that permitting such a claim without clear, worked‑through proposals for how the claim(s) would be dealt with would not sit...

The court rejected the Upper Tribunal ( UT)’s stance and affirmed a First-tier Tribunal ( FTT) ruling that concluded the woman, identified in the judgment as P, was not UK-resident, even though she spent more than 45 days here in the relevant tax year, the benchmark for the test at issue in the case. It accepted the FTT’s conclusion that 6 of the 50 days she was in the UK arose from ‘exceptional circumstances’. Those six days are excluded from the count, the court held, so HMRC cannot levy tax on the £8m of dividends for that tax year. The woman relocated from the UK to Ireland in April 2015, shortly before the outset of the 2015–16 tax year, while her husband continued still to reside in their family home near Manchester......

The inquiry stems from the difficulties surrounding digital proof exposed by the Post Office Horizon IT scandal. Currently, a rebuttable common law assumption holds that a machine generating evidential records functions properly, and that outputs created by software are accurate, so computer-derived material is deemed dependable unless contrary evidence is shown. When launching its call for evidence, the government said this assumption ‘proved flawed during the Horizon scandal’. In that episode, hundreds of blameless sub-postmasters were wrongly convicted on the strength of data from a system that was, in truth, not operating as it should. In reply, the government is commissioning an expert examination into removing or revising this assumption. The consultation is open until 15 April 2025 and invites input from individuals with experience of the criminal justice system, and/or computing and software, on how computer evidence ought to be defined and what...

Although the EU recognises that safeguarding marine ecosystems is integral to managing shared fisheries, it contests the need for a blanket ban to protect sandeel stocks, pointing out that a partial prohibition is already in force and applies to both the EU and the UK alike. The current restriction, introduced by the Council of the EU through Council Regulation ( EC) No 1298/2000 of 8 June 2000, which for the fifth time amended Regulation ( EC) No 850/98 on the conservation of fishery resources via technical measures to shield juvenile marine organisms, confines sandeel fishing to specific seasons so that activity occurs outside the spawning window (§67). In light of this framework, the EU asks whether there is sufficient, robust scientific evidence to justify a tougher prohibition at present. A principal worry is that a total closure would markedly harm EU economic...

What are the practical implications of this case? EE Ltd versus Virgin Mobile Telecoms Ltd [2025] EWCA Civ 70...

On 12 February 2025, the UK Supreme Court determined that Joseph El‑ Khouri cannot be extradited to the United States to answer insider dealing allegations, as the purported wrongdoing occurred in Britain rather than America. In reaching this view, the justices effectively set aside a 2005 House of Lords authority that had enabled foreign jurisdictions to pursue conduct outside their borders if its impact was nonetheless ‘felt’ there. Edward Grange, an extradition partner at Corker Binning, said the ruling will send ‘seismic shockwaves’ through the US Department of Justice and may prompt a rethink of matters presently before the courts. He noted that treating conduct occurring ‘in’ the US as the place where the acts cited in the extradition request were physically undertaken could seriously limit the US in seeking the surrender of suspects in cross‑border cases when the physical behaviour took place outside the...

Commission v Intel Corporation Case C-240/22 P What are the practical implications of this case? The ruling chiefly clarifies the function of the AEC test and identifies where the evidential burden under Article 102 TFEU sits, while also bearing on the EU’s position in its latest draft Guidelines. It further delineates the scope of review the General Court must undertake. The draft Guidelines sought to increase legal certainty in enforcing exclusionary abuses under Article 102 TFEU, regarded as crucial to competition operating effectively. They introduce a soft presumption that rebate schemes can yield exclusionary outcomes, thereby placing the onus on a dominant undertaking to disprove it. More broadly, the Guidelines point to a move away from the AEC test towards an appraisal of the potential effects of the exclusionary practice on all market players. Nonetheless, the General Court’s 2022 judgment, upheld by the Court of...

The Bill’s principal aims, as signalled by its long title, are to create an independent Office of the Whistleblower ( OWB) and to safeguard both whistleblowers and the practice of whistleblowing. The OWB would be empowered to set, oversee and enforce minimum standards for managing whistleblowing matters. This would encompass establishing protocols for handling protected disclosures, providing independent disclosure and advice services, undertaking whistleblowing investigations, and directing redress for any detriment suffered by whistleblowers. Should the OWB be established, it would represent a substantial shift for organisations in how whistleblowing is addressed, notably by offering individuals the option to report concerns to an independent third-party body with investigatory powers. To understand the Bill’s impetus, how we have reached this point, the case for changing perceptions of whistleblowing, and the treatment of whistleblowers and the response to their reports, it is useful first to...

Isio reported it had canvassed 15 defined contribution master trust providers and discovered that the majority intended to allocate between 21% and 40% to UK illiquid holdings such as infrastructure and property. Successive governments have sought to tap the UK pensions sector, worth around £3trn, to direct more capital at home in a bid to kick-start economic recovery. George Fowler, a partner at Isio, said their findings indicate a pronounced shift towards larger exposures to illiquid assets across defined contribution master trusts......

Higgs v Farmor’s School and (1) the Archbishops’ Council of the Church of England, (2) the Free Speech Union Ltd others as interveners), the Association of Christian Teachers, (4) Sex Matters, (5) the Equality and Human Rights Commission (as interveners) [2025] EWCA Civ 109 A school worker’s success is set to shape how employers and tribunals approach cases where staff spark outrage by airing an increasing range of legally protected views, commonly online. Justice Nicholas Underhill, writing for a unanimous panel, confirmed that employers carry the burden of proof to show any disciplinary step is “objectively justified”. Free speech supporters welcomed the judgment as a landmark in human rights law, granting employees broad room to use unrestrained and provocative language. Susan Kelly, partner at Winckworth Sherwood LLP, said it re‑emphasised the democratic importance of workers being able to say what they believe, “whether or not that...

The EU AI Liability Directive The EU AI Liability Directive surfaced on the Commission executive’s list of files to be scrapped at the eleventh hour, following pressure from EU digital chief, Henna Virkkunen, and as part of a wider push to reduce and simplify the regulatory framework. At a press briefing on the Commission’s 2025 work programme (which outlines upcoming initiatives and those to be abandoned), Šefčovič, responsible for deepening the Commission’s relations with lawmakers and Member States, said Commissioners had been examining how files marked for withdrawal were advancing through the co‑legislative process. ‘ When we observe that these particular proposals are stuck, at times for many years, we harbour serious doubts that they will progress this year,’ he said. The EU AI Liability Directive, a plan to harmonise certain administrative aspects of AI‑related damage claim proceedings, has indeed advanced little since it was...

Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government and another [2025] EWCA Civ 32 What are the practical implications of this case? This judgment provides a close examination of the connection between the NPPF and the PPG—two distinct strands of national planning policy regularly relied upon by participants in both plan-making and development management. Although the court concentrated on how the NPPF and PPG interact in the particular setting of flood risk and the sequential test, its conclusions about their respective roles and their interrelationship have general effect and broader importance. The court found that they typically serve different purposes: the NPPF sets out aims and overarching principles, while the PPG clarifies these and explains how they should be applied. The PPG is prepared through a less formal process, making it more accessible and capable of adapting to changing...

Reeves v Frain (aka Simon Kevin Reeves aka Bill Reeves) and another [2025] Lexis Citation 174 What was the background? The claimant instituted contested probate proceedings, disputing the validity of a will his father executed on 7 January 2014. The defendants’ representation was partly financed via Damages- Based Agreements ( DBAs) with LLP Solicitors. Green J gave judgment for the defendants on 31 January 2022. A further hearing on 4 March 2022 addressed consequential matters, among them costs. The defendants sought recovery of costs under the DBAs, which the claimant challenged as irrecoverable. The court considered preliminary issues concerning the enforceability of the DBAs and whether any fresh retainers were allegedly formed after judgment. What did the court decide? The court addressed preliminary issues regarding whether the DBAs were enforceable and whether any new retainers were allegedly established post-judgment......

Birley and another (personal representatives of the Estate of Ms Rosa Taylor) v Heritage Independent Living Ltd and others [2025] EWCA Civ 44 What are the practical implications of this case? There are two key takeaways for practitioners. The first concerns specialists in privacy and data protection, while the second touches every civil litigant. Regarding the former, doubt had persisted over whether qualified one-way costs shifting ( QOCS) extends to a personal injury action framed as breach of privacy or misuse of private information, rather than negligence. Because ATE premiums remain fully recoverable in such proceedings [ Article 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( Commencement No 5 and Saving Provision) Order 2013 ( SI 2013/77)], there would, in practice, be no necessity for QOCS, as the claimant would already enjoy comprehensive costs cover via their ATE policy. The Court of...

Market studies CMA publishes final report on its formula and follow-on formula market study; identifies concerns and recommendations for actions The CMA has issued its concluding report on the market for infant and follow-on formula. It concludes that this market possesses a number of distinctive characteristics, unlike typical consumer goods sectors, which together are leading to poor results for shoppers, notably the higher prices paid for infant formula. These characteristics stem from the regulatory regime that, for public health objectives, limits advertising and bans price promotions. Moreover, many customers are in vulnerable situations, prioritising factors other than price, and seldom move between brands. Parents also lack clear, impartial information to guide their choices at point of purchase......

As it released its 2024 results, the British banking group disclosed that the regulator has initiated a civil enforcement investigation. The lender noted in its report that the FCA probe ‘principally relates to the historical oversight and handling of certain customers with elevated risk’. Barclays also said it has been co-operating with the investigation. This fresh money laundering probe represents the FCA’s latest move involving the lender. In November 2024, the regulator fined the bank £40m over ‘reckless’ arrangements the bank made with Qatari investors while it was raising fresh capital during the 2008 financial crisis... The regulator......

Targeted support in pensions The SPP, in its response to the FCA’s consultation on proposals for targeted support in pensions, set within the AGBR, confirmed it is in favour of the plans. The proposed targeted support would offer general guidance to groups of consumers, rather than tailored, personalised financial advice for savers, which can frequently be ruled out by its cost. The consultation followed statements from the FCA that it wished to make the boundary clearer between the kind of free guidance that pension providers are able to give and advice that falls within regulation. The FCA added, in December, that 75% of workers aged over 45 still lack a clear retirement plan......

Mergers The Commission approved Novo Holdings A/ S and TA Associates Management L. P. acquiring joint control of Matrix Topco Limited through an acquisition. ......