Legal News

Hampshire County Council v GC and another [2026] EWCA Civ 20 What are the practical implications of this case? The Court of Appeal sets out clear guidance for local authorities on the breadth of their duties to maintain an EHCP, particularly where a child or young person has more than one address, including looked-after children or those with separated parents. The judgment confirms that the obligation to maintain an EHCP turns on the child or young person’s ‘ordinary residence’, rather than where they happen to be physically located. Accordingly, a local authority continues to owe duties to those who are only temporarily away from its area, or even overseas, provided they remain ordinarily resident there. Identifying a child or young person’s ordinary place of residence is a mixed question of fact and law, demanding careful assessment before deciding to cease maintaining an EHCP. The ruling also...

The Court of Appeal found that the English courts lacked jurisdiction to hear proceedings brought against Fridman by two affiliated seed producers, Agrofirma Oniks LLC and Agro UG V LLC. The court said this was because he was barred from entering Britain and therefore could not be served there, the court added. Writing for the court, Justice Kim Lewison stated that, after he was banned from entering the country, Fridman was “in no ordinary sense of the words” resident in the UK. He was sanctioned by the UK government after the invasion of Ukraine by Russia in 2022. As a result, the producers’ attempts to serve him at Athlone House, his multimillion‑pound north London mansion, were invalid, Lewison J confirmed......

Mergers The Commission approved: the acquisition for shared control of Neo Next Energy Limited by Total Energies S. E., Repsol S. A., and Hitec Vision A. S......

EU financial services developments SRB updates operational guidance on separability and transferability for enhanced proportionality The Single Resolution Board ( SRB) has issued refreshed operational guidance for banks on separability and transferability following a public consultation. It dovetails with resolvability self‑assessment requirements and supports the Single Resolution Mechanism’s move from planning to operationalisation, resolution testing and crisis preparedness. While no fresh deliverables are required, the paper sets out a practical framework for transfer playbooks and adds a testing annex to help banks evidence the capabilities expected. Drawing on consultation feedback, the updated text heightens proportionality and simplifies wording across several parts, tackling key obstacles seen in earlier submissions while presenting a leaner methodology with clearer expectations for separability assessments... Source: SRB updates its operational guidance on separability and transferability for more alignment and...

Stockport Metropolitan Borough Council v EKK (by her litigation friend, the Official Solicitor) [2025] EWCOP 42 What are the practical implications of this case? The ruling reaffirms that the capacity to marry is tied to the ‘act’ or ‘status’ itself, not to a particular ‘person’ or prospective ‘spouse’. Accordingly, when assessing P, the enquiry is whether P can decide to marry at all, rather than whether they can decide to marry a specific individual. Nonetheless, stepping back, the decision may muddy the waters more than it clarifies. Practically, a person might be judged to have capacity to marry on an ‘act’/‘status’ basis, yet lack capacity to have contact with the person they wish to marry, which is a ‘person’ specific assessment. The court was not called upon to resolve how these positions interact, though the judge did note the peculiarity of P having capacity to marry but not to...

Phillips and another v Garraway [2026] EWCA Civ 55 What are the practical implications of this case? This ruling makes plain that would-be tenants who intend to render services in place of rent must settle an agreed value for those services with the proposed landlord if they want the tenancy to attract security of tenure under the HA 1988. Where no figure is put on the services, it is probable that the tenancy can be ended by a notice to quit. Beyond that, the practical consequences of the judgment are likely to be limited. The court recognised that ‘rent’ carries different meanings at common law and across other statutory schemes, so the Court of Appeal’s explanation of ‘rent’ is confined to the particular statutory framework of the HA 1988. Although the tenant relied on the potential for abuse by...

EU financial services developments ECB sanctions J. P. Morgan SE for capital requirement reporting breaches The European Central Bank ( ECB) has levied two administrative fines totalling €12.18 million (€12,180,000) on J. P. Morgan SE after the bank submitted incorrectly calculated risk-weighted assets. From 2019 to 2024, it declared risk-weighted assets lower than they should have been. This stemmed from the misclassification of corporate exposures over 15 consecutive quarters, leading to the application of a credit risk weight below that required by banking rules. The ECB further found that, for 21 consecutive quarters, the bank improperly excluded certain transactions when determining risk-weighted assets for its credit valuation adjustment risk, which reflects the possibility that the counterparty to a derivatives contract could default. The ECB concluded that both infringements involved serious negligence, driven by clear shortcomings in the bank’s internal processes. Its internal controls did not...

Financial services developments FCA publishes video guidance on improving applications for authorisation and registration The Financial Conduct Authority ( FCA) has released video guides aimed at improving applications for authorisation and registration by payments firms and digital asset firms. In these films, FCA authorisations staff set out supervisory expectations, practical steps to strengthen submissions, and where applicants can access further help. Source: Improving applications for authorisation and registration as a payments firm and digital asset firm: video guides ECB sanctions J. P. Morgan SE for capital requirement reporting breaches The European Central Bank ( ECB) has levied two administrative fines totalling €12.18 million (€12,180,000) on J. P. Morgan SE after the bank misstated risk-weighted assets. From 2019 to 2024, the bank reported lower risk-weighted assets than appropriate. This arose because, over 15 consecutive quarters, it misclassified corporate exposures and applied a credit risk weight below that...

Emotional Perception vs Comptroller of Patents UKIPO [2026] UKSC 3 What are the practical Implications of the case? To displace what had been viewed as an arbitrarily administered and subjective assessment (the now disapproved Aerotel approach that muddles the inquiry into inventiveness), the ruling holds that a claim need only specify any form of hardware — for example, the use of a computer, a computer-readable storage medium, or another technical means — to avoid the statutory bar in s.1(2) UK Patents Act ‘ UKPA’. That threshold is strikingly low. This wholesale shift in method opens avenues to secure protection for innovations across other fields, provided there is a technical consideration that yields some kind of technical advantage. Yet what counts as ‘technical’ or ‘technology’ still demands careful articulation within the application’s description when setting out the invention. Where the technical...

The thematic assessment The thematic assessment examined the manner in which Mi FID firms have put the CBI’s cross-industry guidance on operational resilience for regulated financial service providers (the Guidance) into practice, undertaken as part of the CBI’s supervisory activities and consistent with the priorities in its Regulatory and Supervisory Outlook 2025 as appropriate. Further information on the Regulatory and Supervisory Outlook is available here for additional background context. The CBI views operational resilience as the ability of a firm, and the financial services sector as a whole, to identify and prepare for, respond and adapt to, recover from, and learn after an operational disruption that affects the delivery of critical or important business services. The Guidance seeks to strengthen the operational resilience of firms and the financial services sector overall. It was first issued in December 2021, took effect on 1 January 2024, and was most...

WM v Bradford District Care NHS Foundation Trust [2025] UKUT 396 ( AAC) What are the practical implications of this case? The ruling confirms that the FTT may issue a statutory recommendation even where a clinician has already approved a form of leave under Me HA 1983, s 17. This gives the FTT greater latitude to decide which type of leave is most suitable for a patient at their particular point in treatment. It removes an unnecessary impediment to progression planning and makes clear that the FTT can recommend options that differ from, or go beyond, those currently in place. The judgment also broadens the FTT’s ability to make strategic recommendations that foster phased rehabilitation. The UT concluded that the FTT’s discretion to recommend is intended to identify the most effective route forward for the patient, and that successful unescorted leave can support...

Robust, timely reporting to the board underpins effective governance. Such reporting equips directors to decide with confidence, discharge oversight duties, and confirm that everyday activity remains aligned to the organisation’s strategy. With the board’s demanding mandate, finding the right balance between the volume and depth of information for directors versus that provided to the executive team is frequently difficult. Differentiating between board and executive information needs As outlined in the piece on defining the line between board and executive management, the board and executives work at distinct altitudes within the organisation. Executives are absorbed in operational delivery, whereas the board concentrates on long-term strategy, risk, and accountability. Accordingly, reporting cadence, style and substance ought to mirror these distinctions. Board of directors Frequency: Meeting cadence varies between organisations and needs, commonly monthly or quarterly. Level of detail: Strategic, succinct, and centred on outcomes and risk. Key...

Foreign Subsidies Regulation Commission publishes summary of consultation responses on review of FSR The Commission has released a synopsis of input submitted to its public consultation concerning the continuing assessment of the Foreign Subsidies Regulation ( FSR). These insights will feed into the Commission’s review report for the European Parliament and the Council, scheduled for publication later this year under the FSR. The consultation took place between August and November 2025, alongside a concurrent call for evidence. The Commission gathered over 50 submissions, which have been placed in the public domain......

In this issue: Key developments and horizon scanning Disputes and remedies Electronic communications Service charges Residential tenancies Easements and covenants Enforcing security and property insolvency Rent and rates Neighbour and party wall disputes Property disputes in Scotland Additional Property Disputes updates Lex Talk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Key developments and horizon scanning Law Commission publishes scoping report on agricultural law in Wales The Law Commission has released a scoping report on agricultural law in Wales, finding that the current patchwork of rules could be refreshed, streamlined and made easier to navigate via a prospective bilingual code. Surveying around 150 measures drawn from the Senedd, the UK Parliament, EU-derived...

In this issue: Contract law Building safety Litigation CJC launches consultation on AI use in court document preparation Arbitration Planning Environmental issues Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law ‘ Subject to contract’—means exactly that! ( Baltimore Wharf v Ballymore Properties) Construction analysis: The TCC refused summary judgment applications, concluding that once parties negotiate on a ‘subject to contract’ basis, that caveat persists unless there is express agreement by all to lift it, or such agreement must inevitably be inferred. The court emphasised that simply agreeing terms within a document labelled ‘subject to contract’ does not of itself create a binding contract. The dispute stemmed from the collapse of a nursery roof at Baltimore Wharf, with losses put at over £2m. Settlement...

In this issue Key PI and Clinical Negligence developments Claims involving a fatality Limitation Damages Case management Further PI and Clinical Negligence updates Lexis Nexis® Quantum Portal Lex Talk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Useful information Key PI and Clinical Negligence developments ‘ Lost years’ damages available to child claimants: Supreme Court overrules Croke ( CCC v Sheffield Teaching Hospitals NHS Foundation Trust) The Supreme Court in CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has upheld the appeal, confirming that children whose life expectancy has been curtailed by clinical negligence may recover ‘lost years’ damages. Disapproving the Court of Appeal’s stance in Croke v Wiseman [1982] 1 WLR 71, the court found no principled reason to bar very young claimants from seeking pecuniary losses attributable to the years of life taken away. The ruling brings the...

In this issue: Disputes and regulatory enforcement Medical devices Research and development Post-market Daily and weekly news alerts New and updated content Trackers Useful information Disputes and regulatory enforcement Judgment Alert: AA v The Human Fertilisation and Embryology Authority [2026] EWHC 317 ( Fam) The Family Division issued declaratory relief in 14 of 15 applications seeking to extend consent for the storage of gametes and embryos beyond the statutory time limits. The court concluded that, where clinic errors or systemic failings meant applicants were denied a fair and reasonable chance to renew consent, it was appropriate, by virtue of section 3 of the Human Rights Act 1998, to read in a further opportunity to renew so as to prevent a breach of Article 8 rights. It held that this interpretive approach accords with the grain of the legislation, whose central objective is the protection of patient autonomy through informed consent. The court applied a test...

In this issue: Tax treatment Corporate governance Budgets, Autumn Statements and Finance Bills New content Useful Information Dates for your diary Weekly highlights from other practice areas Tax treatment HMRC issues guidance on compulsory tax adviser registration HMRC has released two guidance notes on the new obligation for tax advisers to register with HMRC......

In this issue: Leasing property Property management Investigating title Transferring property Easements, rights and covenants Property insolvency Property taxes Property in Wales Additional property updates this week Daily and weekly news alerts Trackers New Q& As Leasing property Statutory standing for Code agreement renewals In On Tower UK Ltd v AP Wireless II ( UK) Ltd [2026] EWCA Civ 43, the Court of Appeal decided that an operator does not have to be the party that originally entered into a Code agreement in order to invoke renewal rights under Part 5 of the Electronic Communications Code. Holding the benefit of the agreement is enough. Put differently, it is the practical enjoyment of Code rights that carries the statutory entitlement to renew, not the identity of the original signatories. The ruling settles who can start...

In this issue: Brexit headlines Brexit SIs Post‑ Brexit transition guidance State security and intelligence Equality and human rights Judicial review Constitutional and administrative law State accountability and liability Subsidy control and State aid Information law Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Home Office confirms end of EUSS grant funding from 31 March 2026 The Home Office has announced grant funding for EU Settlement Scheme ( EUSS) assistance will cease on 31 March 2026, pointing to falling application numbers, easier routes to move from pre‑settled to settled status, and automatic extensions for pre‑settled status holders. It records that approximately £32.5m awarded since 2019 supported over 560,000 vulnerable people, yet demand has lessened, with 65% of submissions coming from repeat applicants. After March 2026, support will be available through the UKVI ( UK Visas and Immigration) Resolution Contact Centre, the UKVI EUSS Vulnerability team, and the Assisted Digital Service. It states that the...