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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Investigations, enforcement and discipline Regulation of capital markets Regulation of derivatives Sustainable finance and ESG Investment funds and asset management EU Mi FID II Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Fintech and cryptoassets Dates for your diary New and updated content Financial Services Enforcement Database Daily and weekly news alerts Lex Talk®Financial Services: a Lexis®Nexis community UK, EU and international regulators and bodies Katharine Braddick appointed CEO of the PRA HM Treasury ( HMT) has confirmed that Katharine Braddick will become the next Deputy Governor for Prudential Regulation at the Bank of England ( Bo E) and chief executive of the Prudential Regulation Authority ( PRA). She is scheduled to begin on 1 July 2026, for a five-year term, taking over from Sam Woods, who has held the Deputy Governor role since 2016. Source: Braddick to take the helm at the...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Hydrogen, CCUS and emerging technologies Oil and gas Energy disputes Air emissions, efficiency and climate change International energy New and updated content Dates for your diary Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts Electricity and gas market regulation and licensing Ofgem finalises updated licence application guidance with immediate effect Following an April 2025 consultation, Ofgem has confirmed it is bringing revised licence application guidance into force straightaway. The document applies to both gas and electricity licensing and brings a number of enhancements, such as refreshed explanations of the tacit authorisation route and better arrangements for issuing application notices. See also: LNB News 02/03/2026 42. NESO opens feedback window on methodology areas for Regional Energy...
In this issue: Sanctions AML, CTF & counter-proliferation financing Anti-bribery & corruption Data protection Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Sanctions OFSI extends General Licence for Lukoil International entities’ business operations The Office of Financial Sanctions Implementation has prolonged General Licence INT/2025/8031092, allowing business activities with Lukoil International entities to continue. The licence now runs until 25 August 2026. It was first granted on 27 November 2025 under regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/855). OFSI has also amended FAQ 174 in its UK Financial Sanctions FAQs to note the extension. See: LNB News 26/02/2026 5. OFSI publishes framework for prioritising licence applications OFSI has outlined in a blog how it prioritises licence applications, setting out seven criteria that assess...
In this issue: Data protection Cybersecurity Lex Talk® Information Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Data protection Data by any other name— Court of Appeal reverses Upper Tribunal’s ruling on the protection of ‘personal data’ ( DSG v ICO) The Court of Appeal unanimously allowed the Information Commissioner’s Office ( ICO) appeal, deciding that data subjected to unauthorised or unlawful handling by a third party still counts as personal data from the controller’s standpoint, even where it is pseudonymised for the controller and rendered anonymised for the attacker. As a result, the court confirmed that a data controller must implement appropriate technical and organisational measures to safeguard that personal data against hackers, notwithstanding that those third parties cannot themselves identify the individuals to whom the data pertains......
The justices declined to take up the petition from Wenbin Que, who sought to overturn a Ninth Circuit ruling that left him liable for a US$55m arbitral award in favour of fellow Chinese national Lihua Song after a soured investment, arising from a failed deal. Que alleges a ‘rogue’ member of a three-arbitrator panel walked out of an active hearing to wander his flat, use the toilet, and embark on a ‘misadventure’ with an unrelated woman that included travelling by car and boarding a train. He argued that courts have recognised that bias or misconduct by one participant on a multi-member tribunal can infect the entire proceeding. According to the petition, the Ninth Circuit accepted that this conduct was ‘concerning’, but set that concern aside on the basis that ‘the remaining two arbitrators behaved properly’. That...
In this issue: Corporate insolvency processes Personal insolvency Directors and insolvency Insolvency litigation Financial institutions Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Corporate insolvency processes Addressing the issue—winding-up petitions and default registered offices ( DG Resources Ltd v HMRC) The High Court confirmed that serving a winding-up petition on a company using a Companies House default registered office—allocated under the Registered Office Address ( Rectification of register) Regulations 2024—will not amount to valid service unless the process in paragraph 2 of Schedule 4 to the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, is followed precisely. Here, HMRC’s petition was not properly served in line with IR 2016. Although the underlying debt was not contested, the petition was struck out. The ruling clarifies how petitions must be served where a...
Building Safety Regulator rejects remedial scheme leading to split trial ( Woodland Court v RCGM Ltd & Others) GS Woodland Court GP 1 Ltd and another company v GS Woodland Court GP 2 Ltd and other companies [2026] EWHC 351 ( TCC) What are the practical implications of this case? This decision offers practical direction on how the court approaches a late bid to postpone a trial. Faced with a BSR determination that neither party nor the court had anticipated, and with only a short interval before the hearing when extensive preparation had already been undertaken, the court was required to balance the parties’ inevitably conflicting interests. In response, the judge separated questions going to liability from those confined to quantum, and ordered a suitable division of issues. The ruling underscores the court’s reluctance to vacate a fixed trial, even where that means...
In this issue: Equity capital markets Directors and company secretaries Environmental, social and governance issues Market abuse and market conduct Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Useful information Equity capital markets FCA amends certain UKLR notification deadlines and transitional provisions The Financial Conduct Authority ( FCA) has issued Handbook Notice 138, outlining revisions to the FCA Handbook and related materials signed off by the FCA Board and the executive regulation and policy committee in January and February 2026. The notice condenses changes made via several instruments following consultation. These cover updates to the notification rules for a listed company buying back its own securities under the UK Listing Rules ( UKLR), and tweaks to transitional measures in UKLR TP 15 on admitting further issues of...
Wonop Ap S v Jagger (as joint administrator of FAI Realisations 2024 Ltd) and others [2026] EWHC 362 ( Ch) What are the practical implications of the case? The ramifications of the decision are substantial and are not limited to cases where, after a notice under IA 1986, Sch B1, para 84(1) has been filed, administrators are displaced and substituted by court order. The court’s analysis extends to a variety of steps capable of being taken in an administration by interested stakeholders under IA 1986, Sch B1, including, by way of example, the appointment of replacement administrators by directors under IA 1986, Sch B1, para 94. It similarly encompasses actions available to administrators themselves, such as issuing (but not yet obtaining) directions under IA 1986, Sch B1, para 63. Where any such step is taken and its intended outcome depends upon the...
Mergers Constellation Developments Limited/ ABVR Holding Limited cleared after phase 2; failing firm defence accepted The CMA has published its final phase 2 report, granting conditional clearance to the already-completed purchase by Constellation Developments Limited ( Constellation) of ABVR Holdings Limited ( Aston Barclay), following an in-depth inquiry. Constellation sits within a broader group involved in used-car remarketing and retail throughout the UK and Europe. It owns British Car Auctions Limited ( BCA), a business-to-business ( B2B) auction platform for used vehicles, and We Buy Any Car Limited (trading as webuyanycar), a consumer car-buying service. Aston Barclay likewise provides B2B vehicle auction services in the UK and runs a car-buying operation via The Car Buying Group. The CMA upheld its provisional view that the deal has not led, and is unlikely to lead, to a substantial lessening of competition in the supply of B2B used...
In this issue: Case round-up Lending Procurement Act 2023 Sustainable finance Debt capital markets Derivatives Scotland Daily and weekly news alerts New and updated content Useful information Case round-up Banking & Finance— February 2026 case round-up For an overview of the February 2026 Banking & Finance alerts, consult News Analysis: Banking & Finance— February 2026 case round-up. Lending Abraaj Investment Management Ltd v KES Power Ltd ( No 2) [2026] EWHC 441 ( Comm) The court dealt with consequential matters arising from the trial decision in Abraaj Investment Management Ltd (in liquidation) v Kes Power Ltd [2026] EWHC 65 ( Comm), including permission to appeal, the form of order, interest, costs and any stay. Foxton LJ examined three appellate grounds advanced by the claimants challenging findings of estoppel by convention tied to the assignment of the KESP Receivable. Ground 2 queried whether, contrary to authority, estoppel by convention could confer fresh rights on Mashreq. The court rejected that...
National Iranian Oil Company ( NIOC) v Crescent Gas Corporation Ltd & Crescent Petroleum Company International Ltd — ECLI: NL: HR:2026:98; Case no: 24/04670 What are the practical implications of this case? Under Dutch law, this ruling confirms that an order granting leave to enforce an arbitral award cannot be appealed, whether it is domestic or foreign. The restriction flows from the asymmetric appeal rule: only a decision refusing leave is appealable ( Article 1062(3) of the Dutch Code of Civil Procedure). Since 2010, the Supreme Court has held that this rule equally governs foreign arbitral awards ( Rosneft v Yukos Capital, ECLI: NL: HR:2010: BM1679). The present judgment leaves no doubt: that line of authority stands after sixteen years. The takeaway is clear. A losing party must act at once when its opponent seeks leave to enforce in the...
Mergers The Commission has received notifications concerning: MEF/ Retelit/ Telecom Italia Sparkle ( M.11992) — this transaction was re-notified after the second notification was withdrawn on 22/01/2026 — normal merger procedure Glencore/ Fincoenergies ( M.12300) — simplified merger procedure NOTE— For all live merger investigations before the Commission, see the EU mergers—ongoing cases tracker State aid The General Court heard Case T-258/24, Scandlines Danmark and Others v Commission, an action seeking annulment of the Commission’s decisions in State aid Cases SA.52162 — State aid in favour of the Øresund Bridge Consortium ( Denmark) — and SA.52617 — State aid in favour of the Øresund Bridge Consortium ( Sweden) — see the application NOTE— For all live State aid appeals before the General Court, see the General Court State aid appeals—ongoing cases tracker Upcoming dates For dates of forthcoming EU competition developments, see the EU...
Rates mitigation scheme for hereditament claimed as leased as a place of worship held invalid ( A& P68 Ltd v City of Bradford MDC) A& P68 Ltd v City of Bradford Metropolitan District Council [2026] EWHC 27 ( Admin) What are the practical implications of the case? This ruling aligns with the prevailing stream of authority that reduces the effectiveness of business rates avoidance arrangements in the wake of the Supreme Court’s decision in Rossendale BC v Hurstwood Properties Ltd [2022] AC 690. Additional confirmation can be found in Wigan Council and others v Property Alliance Group Ltd [2025] EWHC 2336 ( Ch) and R (on the application of Emeraldshaw Ltd) v Sheffield Magistrates' Court [2025] EWCA Civ 1601, with the courts acknowledging that Parliament is not generally taken to have intended tax exemption for transactions serving no purpose other than avoiding...
Developing thresholds for managing PFAS in the water environment In January 2026, the UK Environment Agency issued its report of the same title, setting out thresholds to evaluate and control environmental risks from PFAS in UK inland and coastal waters. It aimed to provide thresholds to assess and manage environmental risk from PFAS across the UK water environment. Thresholds were established for the following PFAS: Perfluorooctanoic acid ( PFOA) Perfluorohexane sulphonic acid ( PFHx S) Perfluorononanoic acid ( PFNA) Perfluorooctane sulphonate ( PFOS) These four substances were identified as those contributing most to PFAS levels in human serum in the UK. At present, only PFOS is regulated by government, via Environmental Quality Standards ( EQSs). Drawing on bioaccumulation factors, the Thresholds report assessed concentrations measured in fish and derived a biota-based threshold of 77 ng/kg for the sum of the four PFAS listed above, in 1 kg of fish. The...
The Court of Appeal concluded that nothing in the overall terms of the 2013 licensing agreement supports the contention that only the architect could terminate the arrangement, as opposed to the company, Zaha Hadid Limited. Sir Colin Birss, the Chancellor of the High Court, presiding over a three-judge panel, explained that the contract’s wording shows the term was meant to be ‘indefinite’ rather than to continue ‘in perpetuity’. Put another way, it does not claim to bind the parties forever. The arrangement can be brought to a close and, from the language used, one would infer it was capable of termination by either party on reasonable notice. In December 2024, Judge Adam Johnson held that the agreement did not confer on the company a right to terminate on reasonable notice. The High Court judge then refused permission to appeal his ruling. He stated he could not...
Dilks v Secretary of State for Energy and Climate Change [2026] EWHC 146 ( KB) What are the practical implications of the case? This decision underlines that establishing asbestos exposure remains decisive in mesothelioma litigation, despite the absence of any threshold dose. It also serves as a working example of when inference crosses into conjecture. The court accepted that asbestos was deposited in particular locations and acknowledged broad working practices, yet declined to plug evidential gaps—precise sites and times of the deceased’s employment, the identity of the machinery doing the crushing, and whether his duties placed him in the exposure stream—without sufficiently dependable proof. The ruling therefore underscores the enduring need for concrete, exposure-specific evidence and meticulous preparation and drafting of witness statements. Importantly, the court indicated that, had exposure been established, it would have found a breach of duty. The Coal Board’s failure to adopt proper...
Arbitration—restraining arbitration proceedings pending a removal application or procedural challenge ( A v B & another) Party A v Party B and Another [2026] EWHC 327 ( Comm) What are the practical implications of this case? This ruling has concrete, practitioner-focused consequences for arbitration specialists and commercial disputes lawyers. Two key themes emerge from the judgment. Each limits prospects for court intervention. To begin with, it makes plain that the court will not halt an arbitration merely because a s 24 removal bid or a s 68 serious irregularity complaint has been filed. Section 24(3) expressly envisages the arbitration carrying on whilst a removal request is outstanding. Advisers should warn clients that launching a court challenge will not usually ‘pause’ the procedural timetable; delay-driven tactics are unlikely to prosper and may undermine credibility. Further, the decision powerfully reaffirms the...
Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 ( IPEC) What are the practical implications of this case? Names for product varieties can be registrable as trade marks. Creating a new English designation for a variety (such as ‘ Mountain Pear’ for the gong pear) may qualify as a registrable and enforceable mark, provided it is not simply the varietal name itself. Witness credibility. The ruling underscores the importance of credible testimony. The court wholly rejected a defence witness whose credibility was ‘irreparably damaged’ by not disclosing a financial dispute with the claimant, and preferred the claimant’s trade witness, whom it found both credible and reliable. Practitioners should probe for potential conflicts of interest at the outset of working with any witness. Joint tortfeasorship clarified. Applying the Supreme Court’s ratio in Lifestyle Equities CV v Ahmed [2024] UKSC 17, the court...
Misconduct in public office In November 2020, the Law Commission produced a report outlining the problems surrounding the common law offence of misconduct in public office. This centuries‑old common law crime, which applies to ‘public office holders’, carries a possible maximum sentence of life imprisonment. It has never been set out in statute, meaning its scope and elements have gradually been shaped by case law over time. The leading authority, Attorney General's Reference ( No 3 of 2003) [2004] EWCA Crim 868, offered guidance, describing it as an offence committed by a public office holder who, acting in that capacity, wilfully neglects to perform a duty or wilfully misconducts themselves to such an extent that it amounts to an abuse of the public’s trust in that office. Nonetheless, uncertainty persisted as to the meaning of ‘public office holder’ and the range of...
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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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