Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
Al Ghurair First LLC and others v Heirs of Saif Ahmed Majid Al Ghurair Commercial Appeals Nos 1267 & 1316 of 2025 What are the practical implications of this case? This decision underscores the DCC’s pro-arbitration orientation, evidenced by its rigorous application of the arbitration clause set out in the company’s articles of incorporation. The DCC concluded that parties may not evade the arbitration-specific procedural regime under the FAL—and, in particular, the curial courts’ role in granting interim relief under Article 18 FAL—by narrowing or re-casting their claims, where those claims remain within the ambit of the arbitration clause. In effect, parties cannot obtain court involvement by presenting the case as confined to procedure or evidence if, in substance, the step requested is interim relief within Article 18 FAL. Consequently, stripping out substantive relief (eg, a demand for profits) and confining the...
In this issue: Competition and state aid Corporate Data protection and cybersecurity Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers and horizon scanners Competition and state aid Mergers— UMG/ Downtown conditionally cleared after phase II The European Commission has conditionally approved Universal Music Group N. V. ( UMG)’s planned purchase of Downtown Music Holdings LLC ( Downtown). See News Analysis: EU Competition law—daily round-up (13/02/2026). Corporate Commission seeks views on updating the Shareholder Rights Directive The Commission has opened a public consultation alongside a call for evidence to collect input on a potential revision of the Shareholder Rights Directive. It invites companies, shareholders and investors also to identify barriers to cross-border investment from the exercise of...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Ecommerce International Sale and supply of goods Lex Talk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Horizon Scanners and Trackers Advertising, marketing and sponsorship ASA rulings—18 February 2026 Three complaints were lodged with the Advertising Standards Authority ( ASA) about paid in‑app adverts on the Vinted app depicting domestic abuse, sexual assault and sexually explicit material. The ASA upheld the issues, signalling its ongoing scrutiny of in‑app advertising, especially on third‑party platforms such as Vinted, and reiterating that marketers must ensure content is socially responsible and suitable for broad audiences. See: LNB News 18/02/2026 9. Consumer protection CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime The Competition and Markets Authority ( CMA) has released a speech by its...
In this issue: Key DR developments Claims and remedies Cross-border disputes Enforcement Pre-action and limitation Litigation Case management Applications—specific Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Civil Procedure Rule Committee Minutes of the CPR Committee meeting—5 December 2025: The record of the Civil Procedure Rule Committee sitting on 5 December 2025 (held in hybrid form at The Rolls Building ( Royal Courts of Justice) and by video link) ranges over numerous matters, including: developments on the court’s ability to compel non‑party disclosure requests; post‑consultation traffic enforcement; judicial review reforms for Nationally Significant Infrastructure Projects; revisions to closed material procedure; continuations of the Online Civil Money Claims pilot ( CPR PD 51R) and the Mediation Pilots ( CPR PD 51ZE); and interim serious crime prevention orders, alongside assorted notices of forthcoming rule and practice...
In this issue: The Pensions Regulator The Financial Conduct Authority Daily and weekly news alerts Dates for your diary Trackers The Pensions Regulator TPR orders vesting of Vedius Pension Trust assets in independent trustee The Determinations Panel of the Pensions Regulator ( TPR) has issued a determination notice directing that every asset of the Vedius Pension Trust (the Scheme) be vested in its independent trustee, Vidett Governance Services Limited, under section 9 of the Pensions Act 1995 ( PA 1995). Although dated 22 October 2025, the notice has only recently been posted on TPR’s website. Earlier, TPR had appointed the independent trustee pursuant to PA 1995, s 7(3)(b) to ensure the proper administration of the defined contribution occupational pension scheme (468 members), but the Scheme’s assets did not automatically vest on appointment. The appointment power was exercised because the Scheme is a...
CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 Background On this appeal, the Supreme Court was invited to determine whether a child claimant may recover compensation for financial loss arising from her inability to work during the portion of her expected lifespan she has lost as a consequence of the defendant’s clinical negligence. Such damages are referred to as ‘lost years’ damages. The claimant, CCC, sustained a profound brain injury due to hypoxia at her birth in 2015, leaving her with a reduced life expectancy of 29 years. The defendant, Sheffield Teaching Hospitals NHS Foundation Trust, runs the hospital where she was delivered and has accepted responsibility for the negligent care that caused her injury. At trial, it was common ground that, had she not been harmed, she would have enjoyed a normal life...
In this issue: Risk & Compliance forecast Sanctions Data protection Artificial intelligence & information security Other Risk & Compliance updates this week Daily and weekly news alerts New and updated content Risk & Compliance forecast New Risk & Compliance forecast as at 17 February 2026 Our refreshed Risk & Compliance forecast (as at 17 February 2026) is now available. This month it highlights: (1) the ICO’s plans to revise existing guidance for the privacy notice generator; (2) OFSI’s Call for Evidence on the ownership and control test in UK financial sanctions regulations; (3) new Economic Crime Levy bands and charges from April 2026; and (4) the publication of final updates to Part I of the JMLSG’s AML guidance. See News Analysis: New Risk & Compliance forecast as at 17 February...
In this issue: Employment taxes Taxes management and litigation International VAT Individuals and income tax Devolved taxes Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Employment taxes UT rules that neither estoppel by convention nor any legitimate expectation barred a NICs liability ( MWL International Ltd v HMRC) As noted in last week’s highlights, in MWL International Ltd v HMRC [2026] UKUT 62 ( TCC), the UT rejected the companies’ appeals against HMRC’s view that Class 1A NICs were due in respect of cars leased by the companies and used by employees. The UT held that HMRC was not estopped by convention from moving away from a 1993 understanding that the vehicles were pooled cars, and that the companies could not assert a legitimate...
Introduction by Guy Wilkes, partner and Lexis+ Consulting Editorial Board member Welcome to Mishcon de Reya’s Enforcement Watch, our triannual survey of enforcement activity and what lies ahead. Over the past four months, the FCA has flexed its enforcement muscle. The standout case: a £44 million fine for Nationwide over AML systems failings. Familiar issues, yet a sanction that spotlights supervisory priorities. Once more, the FCA applied a proportionality adjustment without explaining its method. The regulator is also broadening use of criminal powers, achieving its first data protection prosecution while sustaining pressure on insider dealing. Two notable disclosure rulings – on cross‑border confidentiality duties and collateral use of materials in Tribunal proceedings – carry significant implications for firms under scrutiny. Looking forward, the FCA’s December plans for comprehensive cryptoasset rules (effective 2027) signal a fundamental shift, and final guidance on...
In this issue: Key developments UK immigration control: how it works Sponsored work EU law rights and the EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Key developments Future developments— Immigration calendar and Immigration White Paper Note that our Immigration calendar highlights key forthcoming milestones for business immigration advisers. Separately, our Practice Note: Immigration White Paper 2025—summary, tracker and resources supplies an updated, broad overview of activity tied to the May 2025 White Paper ‘ Restoring control over the immigration system’, including the ‘ Earned settlement’ plans. It distils the principal proposed reforms for business immigration practitioners, offers commentary on likely implications, and tracks delivery on a rolling basis. It also links to relevant resources. UK immigration control: how it works Home Office updates guidance to introduce three-tier prioritisation for public funds access The Home Office has revised its guidance on Permitting Access to Public Funds and...
In this issue: Lending Security Shipping finance Sustainable finance Debt capital markets Structured products and securitisation Claims and remedies Daily and weekly news alerts New and updated content Useful information Lending LMA issues refreshed standard terms for par and distressed trading The Loan Market Association ( LMA) has released revised versions of the standard terms and conditions for Par and Distressed Trade Transactions, the complete set of Funded Participation and Risk Participation Agreements, and the Secondary Debt Trading Documentation User Guide. The updated terms will apply from 17 March 2026. Changes include removing LIBOR references, updating IBOR rate definitions and the Target2 definition, and refining ERISA representations to add further exemptions to the prohibited transaction rules under ERISA and the US Internal Revenue Code. See: LNB News 16/02/2026 39. Source: LMA...
In this issue: Designs Copyright Patents Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Designs No account of profits for unjustified threats of IP infringement proceedings ( Luxe World v Touch of Vogue) The Intellectual Property Enterprise Court in Luxe World Ltd v Touch of Vogue Ltd [2026] EWHC 148 ( IPEC) determined that an account of profits cannot be awarded for claims concerning unjustified threats under sections 26–26F of the Registered Designs Act 1949. This approach appears equally applicable to comparable statutory unjustified threats provisions across other IP laws. A practical upshot is that the strategy drawn from Lifestyle Equities v Sportsdirect.com Retail [2016] EWHC 2092 ( Ch) cannot be used to postpone payment of the substantial court fee where the monetary claim is...
Home Office enforcement and licence revocations In recent years, compliance and enforcement activity has intensified, with more suspensions and revocations. According to the Home Office, last summer it recorded 1,948 sponsor licence revocations between July 2024 and June 2025—over twice the 937 in the prior year, and far above the 261 and 247 recorded in earlier years. This sharp rise is linked to the expansion of digital compliance checks, underpinned by broader data sharing with HMRC on PAYE records, which enables the Home Office to spot more swiftly and accurately when a sponsored worker is not being paid in line with their Co S. This information exchange is expected to scale up further, with revocations likely to climb as a result. Collaboration with other government departments has also enhanced the Home Office’s ability to oversee sponsor obligations remotely, reflected in the shift from...
In this issue Public company takeovers Financial reporting obligations Directors and company secretaries Corporate governance Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public company takeovers CLLS publishes updated guidance and precedent wording for contractual offers and schemes The Joint Working Party of the City of London Law Society ( CLLS) and the Law Society of England and Wales has issued a set of illustrative materials that deliver guidance and model clauses for use in documentation relating to contractual offers and schemes of arrangement carried out in accordance with the City Code on Takeovers and Mergers (the Code). The set includes a revised Admission Condition Note, which replaces the April 2011 version......
Eurasian Natural Resources Corporation v Dechert LLP [2025] EWCA Civ 1307 What was the background? The claimant, Eurasian Natural Resources Corporation ( ENRC), appealed a judge’s refusal to allow amendments to its claims for loss advanced at the quantum phase ( Phase 2) of two distinct sets of proceedings brought in the Commercial Court. Those proceedings comprised, first, a claim issued in 2017 against Dechert LLP and a partner at that firm (the Dechert defendants); and, secondly, a claim commenced in 2019 against the Serious Fraud Office (the SFO). ENRC was a public limited company and the parent of a diversified natural resources group with extensive mining operations. Following an 11‑week liability trial, delivered in May 2022, the judge found that, between 2011 and 2013, the Dechert defendants had breached duties owed to ENRC by disclosing confidential and privileged information to the SFO without ENRC’s...
In this issue: Local government reorganisation Local government finance Social housing Planning Governance Education Children's social care Adult social care Licensing Pensions Environmental law and climate change Daily and weekly news alerts New and updated content Local government reorganisation MHCLG withdraws postponement of 30 council elections and announces £63m support package The Ministry of Housing, Communities and Local Government ( MHCLG) has confirmed that the previous move by the Secretary of State for Housing, Communities and Local Government, Rt Hon Steve Reed OBE MP, to delay local polls for 30 councils due in May 2026 has been reversed. In a letter to council leaders, the Secretary of State explains that, following fresh legal advice, the deferral has been cancelled. He adds that the housing minister, who did not take part in the...
In this issue: Planning policy Planning for nationally significant infrastructure Planning appeals Marine planning Planning issues in property transactions Daily and weekly news alerts New and updated content Latest Q& A Planning policy Consultation on areas for producing spatial development strategies On 12 February 2026, the Ministry of Housing, Communities and Local Government opened a consultation seeking feedback on proposed sub‑regional areas within which spatial development strategies ( SDSs) should be prepared in England. The purpose is to settle on ‘sensible’ SDS geographies—broadly reflecting devolution footprints where feasible—so that prospective strategic planning authorities can commence preparatory work in advance of the SDS regime starting. Also on 12 February 2026, the Minister of State for Housing and Planning, Matthew Pennycook MP, issued a written ministerial statement on Sub‑ Regional Strategic Planning. The statement explained that ‘the...
EU financial services developments ESMA consults on MAR inside information disclosure guidelines The European Securities and Markets Authority ( ESMA) is seeking views on suggested changes to its Market Abuse Regulation ( MAR) guidance concerning postponing the release of inside information. Feedback is requested by 29 April 2026. After assessing the responses, ESMA intends to issue a final report in Q4 2026, following consultation......
In this issue: Probate Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Insolvency— Private Client Digital assets and cryptoassets International Question of the week Additional Private Client updates this week Daily and weekly news alerts Lex Talk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q& A Useful information Probate Third-party disclosure refused in probate dispute ( Liebenthal v Liebenthal) The Chancery Division declined an application by the first and third defendants for third party disclosure from the Union of Orthodox Hebrew Congregations Beis Din (the Beth Din), in probate proceedings concerning the estate of Chaye Liebenthal. The claimant, Aron Liebenthal, aimed to propound the 2005 Will, whereas the first and third defendants counterclaimed to advance a 2017 Declaration said to revive a 1990 Will and to overturn the 2005 Will, citing lack of comprehension, absence of knowledge and approval, and undue...
In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Investment treaty arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Court of Appeal clarifies approach to conflicting dispute resolution clauses In Tyson v GIC Re, India [2026] EWCA Civ 40, the Court of Appeal set out how to read competing dispute resolution provisions. If inconsistent terms—such as rival arbitration and jurisdiction clauses—appear within a single document, it should be construed holistically, aiming to give effect to all clauses where possible. That principle has limited application where the inconsistencies arise across different documents and a hierarchy provision or ‘confusion clause’ is engaged. In those circumstances, as in this case, the hierarchy clause prevails. This notable judgment...
Popular documents
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 ]...
Discover more from LexisNexis
