Legal News

Sahara Energy Resource Ltd v Societe Nationale de Raffinage SA ( SONARA) [2026] EWCA Civ 54 The background facts Under a contract concluded in 2013 (the 2013 Contract), Sahara Energy Resource Ltd ( Sahara) delivered several cargoes of crude oil to Société Nationale de Raffinage SA ( Sonara), Cameroon’s state-owned crude oil refinery, during 2013 to 2016. To finance the arrangement, Sahara raised funds from a number of banks. Sonara was extremely delayed in settling certain sums that had already fallen due......

Competition policy European Parliament publishes resolution on the Commission’s 2024 Competition Policy Report Appearing in the Official Journal, the resolution outlines the Parliament’s appraisal of the Commission’s latest enforcement actions and its overarching strategic course. It advances a suite of political proposals intended to steer the development of EU competition rules over the next years. The Parliament stresses that competition policy must tangibly support the Union’s broader priorities, notably sustainability, the energy transition, defence, and digitalisation. It also underscores how competition enforcement and state aid scrutiny underpin the EU’s competitiveness and capacity to withstand shocks, including as a reaction to worldwide industrial policy shifts. These orientations aim to reinforce resilience while aligning with evolving global market dynamics and challenges......

The Court of Appeal rejected Salts Healthcare Ltd’s renewed bid to hold Pelican Healthcare Ltd responsible for infringing one of its ostomy bag patents, finding that the rival’s Moda Vi range did not include weld portions that run all the way to the base. Nonetheless, Justice Richard Arnold allowed Salts’ appeal on the novelty of one claim (which the earlier judge had set aside) and on pre‑transfer costs in the Intellectual Property Enterprise Court before the matter was then moved to the Patents Court. Salts began proceedings against Pelican in 2022, and later challenged a decision that had thrown out its allegation that the competitor was infringing one of its patents via its Moda Vi pouches. The trial judge also determined that one of Salts’ patented claims was invalid, but approved Salts’ amendments, the judgment records. Salts maintained that the......

CR Construction ( UK) Co Ltd v Barclays Bank Plc ( Northen Gateway ( FEC) No 7 Ltd, intervening) [2026] EWHC 202 ( TCC) What are the practical implications of this case? This ruling underscores the autonomy of bank performance bonds. Save in cases of fraud, complaints about defective demands or disputes arising from the underlying contract must be pursued against the bond’s beneficiary, not the issuing bank. Where the bond’s stipulated formalities are complied with, the bank is bound to honour the demand and make payment to the beneficiary. Applying the established approach to interim injunctions in American Cyanamid Co v Ethicon Ltd [1975] AC 396, the court considered whether damages would be an adequate remedy for the party prejudiced by granting or refusing an injunction and, if not, where the balance of convenience lay. On adequacy of damages, an applicant must place before the court...

The FTT decision As noted in a previous Insight, the proprietor of Vista Tower (' Grey') applied for an RCO against the building’s original developer and 95 additional parties who met the definition of ‘associated persons’ due to shared directors during 2017 to 2022. The owner requested an order requiring the respondents to cover both historic and forthcoming costs to rectify fire safety defects, estimated at over £20m. The FTT granted that relief, on a joint and several liability basis, against 75 respondents. The appeal Certain respondents appealed on these grounds: whether the Tribunal can make RCOs rendering multiple respondents jointly and severally liable for the same overall sum, or whether it must make individual orders against each respondent for a specifically identified amount. whether the Tribunal misdirected itself on the “just and equitable” test, given that for many respondents there was no...

EU financial services developments ESMA consults on CCP collateral and investment policy standards following EMIR 3 review The European Securities and Markets Authority ( ESMA) has opened a public consultation on draft regulatory technical standards ( RTS) intended to amend Commission Delegated Regulation 153/2013, following the European Market Infrastructure Regulation ( EMIR 3) review process. It also invites feedback on the circumstances under which central counterparties ( CCPs) may accept public guarantees, public bank guarantees, and commercial bank guarantees as collateral; the criteria under which debt instruments qualify as eligible financial instruments for a CCP’s investment policy; and the use of highly secured arrangements for emission allowances lodged as margins or default fund contributions. EMIR 3 permanently widens the categories of guarantees recognised as eligible collateral and expands the framework to include clients of CCPs that are non-financial...

On 18 February 2026, Nikhil Rathi said on a podcast that the FCA would instead use the Consumer Duty to spot instances of harm. Consumer organisations have criticised the FCA for a light-touch stance on regulation after two wide-ranging probes into the insurance sector concluded with no proposals for intervention. Rathi, speaking on a Fairer Finance podcast, argued that not every issue will be resolved quickly through major interventions, additional rules, bans or guidance as he told listeners......

Financial services developments ESMA consults on CCP collateral and investment policy standards following EMIR 3 review The European Securities and Markets Authority ( ESMA) has initiated a public consultation on draft regulatory technical standards ( RTS) to amend Commission Delegated Regulation 153/2013, following the European Market Infrastructure Regulation ( EMIR 3) review. The call for input invites feedback on: conditions for central counterparties ( CCPs) to accept public guarantees, public bank guarantees and commercial bank guarantees as collateral; criteria under which debt instruments qualify as eligible financial instruments within CCP investment policy; highly secured arrangements for emission allowances lodged as margins or default fund contributions. EMIR 3 makes permanent a broader range of guarantees eligible as collateral and extends scope to clients of CCPs that are non-financial counterparties. The consultation closes on 30 April 2026, with ESMA submitting final draft RTS to...

Li v Yuan [2026] EWHC 242 ( Comm) What are the practical implications of this case? Uncertainty has lingered over whether courts will accept residence alone as the basis for a foreign court’s jurisdiction when the person was not physically in that country as proceedings began. Adams v Cape Industries (1990) has often been read as requiring the defendant’s actual presence, rather than mere residence. In Civil Jurisdiction and Judgments (7th edition, Informa Law, Routledge), Professor Briggs strongly advanced the view that presence is the decisive criterion, describing the case for it as ‘overwhelming’. HHJ Baumgartner’s ruling points the other way. Following a detailed analysis of authorities spanning more than a century back to Emanuel v Symon [1908] 1 KB 302, he held that residence in the foreign state at the time the action was commenced is enough to confer...

The Court of Justice concluded that the General Court had improperly inferred that the EU‑ UK Withdrawal Agreement contained express rules for opposition proceedings. Such an interpretation would have permitted earlier UK intellectual property rights to stretch across the EU after the transition period lapsed, yet that was not so, the Court of Justice held. It added: the General Court committed an error of law by failing properly to consider the legal effects of the transition period’s end and the territoriality principle of trade marks on the opposition disputed in this case. The ruling came after a decision in proceedings pursued by the Japanese company Nowhere Co Ltd against an individual’s 2015 application for a figurative sign depicting a small ape with the words ‘ Ape Tees’ below. Nowhere opposed the application relying on three prior signs it had used in the UK...

Private actions CAT issues judgment on strike-out application and expert evidence in collective damages action brought by Ad Tech against Google The CAT has delivered its ruling in Ad Tech Collection Action LLP v Alphabet Inc. & Others, a collective damages claim brought by Ad Tech Collective Action LLP ( Ad Tech) pursuant to section 47 of the Competition Act 1998, against Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (collectively, Google), alleging that Google has infringed Article 102 of the TFEU and the Chapter II prohibition in the Competition Act 1998, regarding the sale of digital display advertising......

What is the purpose of, and key provisions of, these Regulations? Created under the Building Safety Act 2022 ( BSA 2022) as a central pillar of its reform of the building safety system, the Building Safety Regulator ( BSR) was initially housed within the Health and Safety Executive ( HSE), conferring significant new duties over the safety and performance of all buildings, irrespective of height. The BSR’s remit is extensive and includes, among other things, monitoring the effectiveness and performance of the building control profession, advising on revisions to procedural elements and functional requirements within the building regulations, and raising the competence of everyone engaged in the construction sector. The BSR acts as the building control authority for higher-risk buildings and serves as the safety regulator for occupied buildings. In June 2025, the government announced reforms to the BSR, including...

Financial services developments SRB updates operational guidance on separability and transferability for enhanced proportionality The Single Resolution Board ( SRB) has released refreshed operational guidance for banks on separability and transferability after consulting the public. It aligns with resolvability self-assessment obligations and supports the Single Resolution Mechanism’s evolution from planning to operationalisation, resolution testing and crisis preparedness. The update introduces no additional deliverables, but sets out a practical framework for transfer playbooks with a supporting testing annex to help firms demonstrate the capabilities expected. Incorporating consultation input, the revision strengthens proportionality and simplifies wording across several sections, addressing issues seen in prior submissions while providing a streamlined approach with clearer expectations for separability analysis. Source: SRB updates its operational guidance on separability and transferability for more alignment and proportionality FCA announces sentencing of seven social media influencers for issuing unauthorised financial...

Competition policy Doug Gurr selected as preferred candidate for Chair of CMA The Department for Business and Trade and the CMA confirmed that the Secretary of State has named Doug Gurr as his preferred choice to remain as Chair of the CMA for a five-year term, after an open recruitment exercise. Mr Gurr has acted as interim Chair since January 2025, succeeding Marcus Bokkerink. The appointment is contingent on a pre-appointment hearing, set for 24 February 2026, when the Business and Trade Secretary will assess Mr Gurr’s suitability. If approved, the appointment would ensure continuity at the helm of the CMA during a period of substantial reform of the UK’s competition and digital markets regime. See further, the press release Mergers — The CMA has opened its invitation to comment in relation to the completed acquisition by Société LDC SA of Green Label...

The European Commission is about to present its Chips Act 2.0 The Commission is set to unveil a refreshed Chips Act, yet its success over the flagging first version will hinge on whether decision-makers absorb lessons from past missteps. When adopted in 2023, the sector was grappling with global supply-chain shortages while heavyweight economies such as the United States, China and South Korea were committing billions to expand domestic production. The EU’s plan sought to scale up R& D, back the creation of European ‘mega fabs’ through public subsidies, and establish a tool to foresee and manage supply-chain emergencies. Increase R& D in this area Support ‘mega fabs’ in Europe via public funding Create a mechanism to anticipate and handle supply-chain crises Three years later, the initiative can scarcely be labelled a triumph. Investors, analysts and business leaders are now scrutinising where Europe will steer its...

Simkova v Secretary of State for Work and Pensions [2025] UKSC 41 What are the practical implications of this case? First, it is settled that EU nationals living in the UK, whose children reside in an EU member state, cannot receive the Universal Credit child element for those children. This holds even where the parent pays towards the children’s maintenance and support, notwithstanding the realities of cross‑border family life. Second, the judgment shows the courts continue to grapple with dense EU law even after Brexit, specifically in areas where the UK‑ EU Withdrawal Agreement preserves direct effect. It underscores the ongoing need to interpret and apply those preserved rules when they bear on disputes arising in the domestic benefits system, for cases such as this. Third, this appeal did not give the Supreme Court an opportunity to define the scope of its discretion to seek a CJEU...

Original news Mr K ( CAS-44560- Q1C8)—12 September 2025 Summary The Pensions Ombudsman upheld a complaint concerning a scheme’s inadequate due diligence on a high-risk investment. The professional trustee was found to have breached both common law and statutory duties by committing funds to storage pods and airport parking. As the investments lacked diversification and were overly speculative, no reasonable trustee would have proceeded. The determination underscores that a professional trustee can be accountable for investment losses even where the member was heavily engaged in making the decision... What were the facts? Mr K was a member of the Blick- Horsham Limited Executive Pension Scheme (the Scheme), a small self-administered scheme ( SSAS). The Scheme’s trustees were Rowanmoor Trustees Limited ( RTL) and Mr K. He proposed investing in storage pods and airport parking via Store First Limited ( Store) and Park First Limited ( Park). In...

R ( MXV) v Secretary of State for the Home Department [2026] EWHC 251 ( Admin) What are the practical implications of this case? The ruling will upend the long-established way in which unlawful detention claims for immigration detainees are pursued. For many years, the orthodox view has been that Article 5 ECHR contributes nothing beyond the domestic tort of false imprisonment, so Article 5 was typically tagged on as an afterthought, if pleaded at all. Yet in MXV at §170, the court signalled that IMA 2003 does not alter how the Court will consider Article 5 ECHR, and therefore has no bearing on the analytical framework the court applies under that Article. Consequently, Article 5 ECHR is now poised to become the primary route by which immigration detainees seek to secure release from custody. Practically,...

No legal duty on pension trustees to carry out due diligence beyond compliance with statutory transfer regime, and member did not need to be an ‘earner’ to acquire ‘transfer credits’ as assumed in Hughes ( Mrs T, CAS-78486- R9D8 & Mr R, CAS-74246- K7Q0) Original news Mrs T ( CAS-78486- R9D8)—30 September 2025 / Mr R ( CAS-74246- K7Q0)—11 September 2025 Summary The Deputy Pensions Ombudsman has dismissed two complaints concerning a transfer into a pension liberation arrangement. Regulatory guidance imposed no extra obligation beyond following the statutory transfer framework, and compliance with that regime was sufficient. Each complainant was entitled to a cash equivalent. The statutory reference to ‘transfer credits’ concerns the character of the benefits transferred, not the member’s current earnings or earner status. Taken together, these determinations underline how challenging it is to fix trustees with liability for statutory...

R (on the application of UYR) v Derby City Council & others [2025] EWHC 2081 ( Admin) What are the practical implications of this case? The claimant’s only disputed application related to interim relief. A dispute arose and continued between the two local authorities ( Derby CC and Manchester CC) over which authority ought to accommodate the claimant. The decision underscores the importance of securing professional supporting evidence before inviting the High Court to apply well-established principles governing age disputes. Deputy High Court Judge Karen Ridge was persuaded by three principal items of evidence: A decision by A& E staff to admit the claimant to a children’s ward and to make a safeguarding referral to the local children’s services authority; A decision by the local children’s services authority to accommodate the claimant with other children in line with their Ch A 1989, s 20...