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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Hughes and others v (1) World Rugby Ltd; (2) The Welsh Rugby Union Ltd; (3) Rugby Football Union [2025] EWHC 3382 ( KB) What are the practical implications of this case? This ruling underscores the wide scope of the court’s powers to manage proceedings, particularly where litigation is protracted. It clarifies that the court may issue an unless order without first finding that a party has breached an order or a procedural rule. It further operates as a useful prompt for parties to lodge protective notices of appeal, so they do not fall foul of the strict time limits for appealing an order. What was the background? This judgment concerns appeals brought against case management orders ( CMOs) made by Senior Master Cook (‘the Senior Master’). The wider setting is the personal injury litigation commonly referred to as the rugby head injury litigation. The...
Merger control Commission publishes Competition Merger Brief: February 2026 On 27 February 2026, the Commission released Issue 1/2026 of its Competition Merger Brief, setting out DG Competition’s assessment of recent merger matters. This issue spotlights Brasserie Nationale/ Boissons Heintz ( M.11485), a case that obtained conditional clearance at Phase I in July 2025 after concerns that uniting the two leading beverage wholesalers serving on-trade customers in Luxembourg could trigger price rises, limit choice, and create foreclosure risks......
Aerovías Del Continente Americano S. A. and other companies v Versilia Solutions Ltd (in provisional liquidation) (acting by Michael Leeds and Kristina Kicks as Joint Provisional Liquidators) [2026] EWHC 282 ( Ch) What are the practical implications of this case? The ruling underlines that where provisional liquidators anticipate, or can reasonably foresee, taking particular actions, they must check that the appointing order grants the necessary authority to act. Here, the office-holders applied for a declaration confirming that a disposal of the company’s assets they had carried out fell within their remit; alternatively, they asked the court to approve the transaction after the event. Although the court concluded, interpreting the appointment order, that they did possess authority to complete the sale, it stressed that if a sale (or any comparable measure) might be necessary, the order should contain a clear, specific power enabling it. If such...
The High Court found that there was no reasonable prospect of Spyros Melaris proving at trial that he had single-handedly made the pseudo-documentary, which has now been thoroughly debunked, or that he was entitled to a copyright claim for its exploitation. Judge Richard Hacon entered summary judgment for Mindhouse Productions Ltd, holding that Melaris’s assertions of title and authorship were negated by contracts in which he assigned his rights. He remarked to Melaris, “ I’m sorry the documents were against you.” The judge said it was impossible to square the director’s account with 2002 and 2006 agreements recognising that Orbital Media Ltd owned the film’s copyright. Melaris’s October claim alleged that Mindhouse misrepresented the provenance of Alien Autopsy. The company—set up by filmmakers Louis Theroux, Arron Fellows and Nancy Strang—was said to have downplayed Melaris’s ownership while advancing producer Ray Santilli’s false tale that the film was a...
Competition policy Doug Gurr confirmed as the new Chair of the CMA The Department for Business and Trade, together with the CMA, has confirmed the formal appointment of Doug Gurr as the CMA’s permanent Chair, following his stint as interim Chair in January 2025 and his selection as the preferred candidate in January 2026. The confirmation came after a pre-appointment hearing before the House of Commons Business and Trade Committee (the Committee). In its findings, the Committee voiced unease that the hiring exercise yielded just a single appointable applicant, thereby constraining the Secretary of State’s options. While the Committee judged that Mr Gurr demonstrates the requisite professional capability and independence for the position as it is presently defined, it also proposed several safeguards to address the risks it perceived......
EU financial services developments ESMA publishes supervisory briefing on algorithmic trading under Mi FID II ESMA has released a supervisory briefing aimed at ensuring uniform oversight of algorithmic trading throughout the EU under the Recast Markets in Financial Instruments Directive (2014/65/ EU) ( Mi FID II). It equips National Competent Authorities ( NCAs) with actionable tools and clearer expectations for monitoring firms that deploy algorithmic trading, concentrating on areas of divergent practice such as pre-trade controls, governance structures, testing regimes and the outsourcing of algorithmic trading systems. The paper also considers new technological trends and sets out points to consider for the application of AI. Although not legally binding, the briefing supplements existing obligations and helps NCAs pursue a harmonised supervisory approach overall. Source: ESMA issues a supervisory briefing on algorithmic trading ESMA proposes amendments to buy-back programme rules following Listing Act...
What was the background to the consultation? On 15 May 2025, the government issued a formal consultation paper setting out detailed proposed reforms to the LGPS in England and Wales, together with accompanying draft regulations to enact them. The exercise centred on changes the government plans to deliver to widen access, improve fairness and simplify administration within the LGPS across the scheme. Survivor benefits and death grants Actions to tackle the gender pension gap Opt-out data collection Forfeiture rules and provisions Outstanding matters under the Mc Cloud remedy A suite of technical regulatory amendments The consultation formally closed on 7 August 2025, and the results were published on 2 February 2026. There were 172 responses, including 49 administering authorities, 25 employers, 68 members, the LGPS Scheme Advisory Board, the LGA, the LGPC, the LGPS National Pension Officer Group, a government department, four trade unions, plus professional bodies, and software and...
Financial services developments FCA chief executive outlines wholesale market reforms and enforcement priorities in trading conference speech The Financial Conduct Authority ( FCA) has released a speech by chief executive Nikhil Rathi, delivered at the Goldman Sachs EMEA Head of Trading conference, setting out both completed and planned wholesale market reforms, together with enforcement priorities. The UK continues to stand as a premier global financial centre, with solid fundamentals creating strong prospects for further expansion. The FCA is advancing ambitious reforms to bolster growth and competitiveness, while taking decisive action on market abuse and operational failings that undermine confidence and market integrity. In a rapidly changing environment, the UK must pursue renewal at market speed—adapting, staying agile and moving swiftly to capture opportunities. Source: Renaissance at market speed: UK wholesale finance in 2026 PSR publishes draft questionnaire for merchant survey on...
Nicholas Bacon KC of 4 New Square Chambers, acting for CILEX, sought on 23 February 2026 to persuade the Court of Appeal to reverse a High Court decision that bans unauthorised law firm employees from conducting litigation even when overseen by qualified solicitors. Bacon maintained that Judge Clive Sheldon had misconstrued the Legal Services Act 2007 ( LSA 2007). Properly read, the LSA 2007 provides that only authorised persons may assume responsibility for litigation — but authorised persons can assign tasks to other members of the firm, Bacon said. He submitted that if the High Court’s ruling known as Mazur stands, authorised persons such as solicitors would be prevented from delegating an array of litigation tasks, which would run counter to established practice in the legal sector since the 19th century......
In this issue: Criminal procedure and evidence Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Government introduces Courts and Tribunals Bill restricting jury trial rights Former senior judge Sir Brian Leveson has cautioned that prosecutors could face “disaster” unless artificial intelligence ( AI) is adopted to control the expanding tide of digital material in complex criminal proceedings—an urgent step to relieve the Crown Court backlog. Speaking to Law360, a Lexis Nexis® company, he noted that the magnitude of emails, call logs, and mobile phone data now common in...
BS v HC [2026] EWFC 20 ( B) What are the practical implications of this case? The most notable practical effect is that a non‑matrimonial portion of a pension can still be matrimonialised where there is a shared plan that it will be brought into future use and enjoyment, coupled with the other spouse acting in reliance on that plan to their detriment. HHJ Hess explained that the ‘actual use and enjoyment’ criterion in Standish v Standish [2025] UKSC 26, [2025] 2 FLR 489 should not be read strictly when the asset under consideration is a pension, because, at the point of the court’s assessment, pensions will usually not yet have been accessed (para [34]). Helpfully, the judgment gives a clear illustration via a hypothetical exchange between spouses, for example: ‘if I put my £1m cash into buying a family home in joint names, will you...
In this issue: Competition and state aid Corporate Data protection and cybersecurity Financial services Environment IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers and horizon scanners Competition and state aid Digital Markets Act— General Court throws out challenge to Commission’s denial of access to DMA designation files The General Court delivered its judgment in Case T-433/23, Batchelor v Commission, brought by Edward William Batchelor (the applicant) against the Commission’s 2 June 2024 decision refusing access, under Regulation 1049/2001, to internal documents concerning Byte Dance’s gatekeeper designation under the Digital Markets Act (the Commission’s 2024 decision). The Court dismissed the claim in its entirety. See News Analysis: EU Competition law—daily round-up (25/02/2026). State aid— Commission opens consultation on revised draft State aid General Block Exemption Regulation The European Commission has opened a consultation on a revised draft of the General Block Exemption Regulation ( GBER), following a July 2025 call for...
In this issue: Arbitration in England and Wales Institutional and ad hoc arbitration International arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England and Wales Court partially sets aside arbitration award, holding NPS not a State organ but Presidential instructions constituted Treaty ‘measures’ The Commercial Court heard a challenge brought by the Republic of Korea under section 67 of the Arbitration Act 1996 seeking to set aside a final award dated 20 June 2023. In the arbitration, Elliott Associates, LP ( EALP) had succeeded on its case that Korea breached the USA– Korea Free Trade Agreement (the Treaty) arising from the 2015 merger between Samsung C& T and Cheil Industries. The central issue was whether Article 11.1(3)’s jurisdictional criterion was...
In this issue: WTO Subsidies and countervailing measures Safeguards Lex Talk®International Trade: a Lexis®Nexis community Daily and weekly news alerts WTO WTO establishes panel on India automotive incentives and receives US tax appeal The WTO Dispute Settlement Body agreed to set up a panel to examine India’s incentive schemes for advanced chemistry cell batteries, automotive parts and electric vehicles, after China’s second request on 24 February 2026. China alleges these programmes disadvantage foreign businesses, breaching national treatment and bans on import‑substitution subsidies, while India says its measures align with WTO obligations. The US has lodged an appeal in DS623, which concerns Inflation Reduction Act tax credits, after the panel report was circulated on 30 January 2026. In addition, the EU filed its first request to establish a panel on China’s rules for licensing standard essential patents, arguing they...
In this issue: Sanctions Data protection Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Sanctions OFSI issues two new Russia sanctions general licences and amends two existing licences The Office of Financial Sanctions Implementation ( OFSI) has unveiled two fresh general licences and revised two existing licences within the Russia sanctions framework. The new licences are General Licence INT/2026/8889196, which authorises individuals to wind down transactions involving designated persons, and General Licence INT/2026/8893924, permitting the run-off of insurance policies written by Maritime Mutual entities and their subsidiaries before designation. OFSI has also adjusted two current general licences. General Licence INT/2024/4761108 has been amended and extended to 23:59pm on 23 February 2028. General Licence INT/2025/5635700 has been updated to cover entities owned or controlled by PJSC Transneft following its...
EU financial services developments Basel Committee launches consultation on consolidated guidelines and sound practices The Basel Committee on Banking Supervision has issued a consultation on a consolidated edition of its guidelines and sound practices for banks and supervisors, designed to enhance usability through a more accessible layout. These consolidated materials reorganise prior content into modular components mirroring the method applied in the Basel Framework, introduced in December 2019, while adding no new expectations......
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero ( DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme ( UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification ( MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe ( AFME) has provided its response to the European...
In this issue: Planning policy Planning conditions, obligations and community infrastructure levy Transport and Works Act Orders Planning applications and decisions Planning for nationally significant infrastructure Housing Buildings and Building Regulations Planning for major infrastructure Planning policy Court confirms need to consider allocation-wide infrastructure contributions despite absence of masterplan ( Trafford Metropolitan BC v SSHCLG) In Trafford Metropolitan BC v SSHCLG [2026] EWHC 261 ( Admin), the court set aside an inspector’s approval of an outline B2/ B8 proposal within the New Carrington strategic allocation because the inspector treated the lack of an adopted masterplan as a reason to require no infrastructure contribution. The court found that the Places for Everyone policy still requires proportionate, allocation-wide contributions to be confronted, together with consideration of highways impacts across the allocation. See News Analysis: Court confirms need to consider...
In this issue: Economic Crime and Corporate Transparency Act 2023 Lending Acquisition finance Islamic finance Real estate finance Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Technology in banking and finance transactions Sanctions Daily and weekly news alerts Useful information Economic Crime and Corporate Transparency Act 2023 The Law Society of England and Wales has released advice for legal advisers on actions they might take when telling Companies House that a person’s identity has been confirmed under the Companies Act 2006, following changes arising from the Economic Crime and Corporate Transparency Act 2023. See: LNB News 25/02/2026 18. Source: Confirming identity verification to Companies House as a solicitor. Lending The Loan Market Association ( LMA) has issued a revised Borrowing Base Facility Agreement and accompanying User Guide to capture shifts in prevailing market practice......
In this issue: Building safety Litigation Bonds Construction industry news Daily and weekly news alerts Building safety MHCLG publishes Construction Products Reform White Paper after Grenfell review The MHCLG has released the Construction Products Reform White Paper, following consultation on the Construction Products Reform Green Paper that ran from 26 February to 21 May 2025. That consultation sought feedback on plans to overhaul the construction products regulatory framework after the Grenfell Tower tragedy and subsequent independent reviews that identified systemic failings in testing, certification, oversight and enforcement. The published summary of responses to the Green Paper sets out the key themes and respondent data, confirming and indicating broad support for wider regulatory scope, improved transparency and product information, stronger oversight of conformity assessment bodies, and tougher enforcement powers. Consequently, the new White Paper outlines the government’s proposals, including extending...
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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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