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 Sole traders, informal partnerships and outdated partnership deeds are common.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
EU financial services developments Solvency II: Regulation specifying quantitative parameters published in OJ The Official Journal of the EU now carries Commission Delegated Regulation ( EU) 2026/269 of 29 October 2025, which amends Delegated Regulation ( EU) 2015/35 concerning technical provisions, long-term guarantee measures, own funds, equity risk, spread risk for securitisation positions, additional standard formula capital requirements, reporting and disclosure, proportionality, and group solvency. The instrument will come into force on the 20th day following the date of its publication in the OJ. Its rules shall apply from 30 January 2027......
Key findings Although his conclusions are spread across 11 chapters and more than 700 pages, the backdrop to both the Efficiency Review and the Policy Review is a criminal justice system in a crisis of such scale and urgency that it cannot be fixed within current resources. Sir Brian depicts a service gravely short of capacity, from frontline practitioners and wider staff to a court estate blighted by chronic underinvestment, carrying a £1.3bn maintenance backlog, with premises ill-suited to contemporary needs. Digitisation sits at the heart of Sir Brian’s plan. AI is cast as essential to boosting efficiency throughout the system, and, on remote participation, he notes clear scope for far wider use. Main recommendations AI Sir Brian urges the adoption of AI, particularly to raise efficiency, aid decision-making, and modernise listing and case-management systems. Steering clear of naming specific platforms, he instead outlines...
Fiona Ghosh, Patricia Wade and Nilesh Ray of Ashurst delve into each of these matters in greater depth below. Overview The draft Code takes a decisive stride towards turning the broad transparency duties in Article 50 of the Act into concrete, operational expectations for both providers and deployers of generative AI. Shaped by extensive engagement with stakeholders, it offers the first coherent roadmap for how organisations should handle the marking and detection of AI-generated or manipulated content, alongside the labelling of deepfakes, from here on. The Article 50 transparency duties take effect on 2 August 2026. As that date draws nearer, adherence to the steps in the draft Code is poised to serve as a key yardstick for assessing day-to-day compliance. In practice, it will set clear expectations across the market. Who's covered? The draft Code captures 'providers' (those placing Gen AI systems on the market) and...
Advocate General for Scotland ( Representing the Ministry of Defence) v Milroy [2026] EAT 25 What are the practical implications of this case? This ruling potentially carries significant real-world consequences for reservists who were kept outside pension entitlement for service rendered before 1 April 2015, when the Armed Forces Pension Scheme 2015 commenced. That said, it should be borne in mind that under the 1975 and 2005 Armed Forces Pension Schemes, which applied only to regular personnel, a two-year qualifying period was required before any pension rights arose. On the Employment Tribunal’s findings, and looking at typical annual duty days and cumulative service, most reservists would not, in any event, have met the thresholds for a pension under those earlier arrangements. When advising in a specific matter, the individual’s span of service will therefore be a critical consideration. The conclusion on the basic pay point...
New Risk & Compliance forecast as at 17 February 2026 Our Risk & Compliance forecast, dated 17 February 2026, monitors proposed regulatory developments relevant to Risk & Compliance, enabling you to prepare for any changes that might affect your organisation over the coming months. You should examine it closely, though we’ve highlighted several key priority points that warrant your attention below as priorities. New items we’re tracking this month Privacy notice generator—the ICO intends to refresh its existing guidance for the privacy notice generator, including DUAA 2025 amendments. The publication date remains to be confirmed......
See Q& A: On a later disposal within one year of the date of death, what should be taken as the acquisition cost for capital gains tax ( CGT) in respect of a shareholding in the deceased’s estate where the shares were wrongly sold, against the executors’ directions, by the investment adviser and identical shares were then reacquired by the adviser (still within that first year), with the adviser covering the uplift in price so the estate suffered no loss?......
Private actions The CAT has handed down a decision in Alex Neill Class Representative Limited v Sony Interactive Entertainment Europe Limited; Sony Interactive Entertainment Network Europe Limited; and Sony Interactive Entertainment UK Limited, allowing the application to revise the class definition in the certified collective proceedings pursuing damages for alleged abuse of a dominant position by Sony across various markets—see the ruling for more. NOTE— For all public UK private actions, see the UK private actions—ongoing cases tracker. Subsidy control The Subsidy Advice Unit has accepted a request to produce a report advising the Department for Business and Trade on its proposed Post Office Limited Network subsidy for 2026 to 2029—see the case page. NOTE— For every decision referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see the UK subsidy control—ongoing cases...
Antitrust Commission closes antitrust investigation following the withdrawal by Edwards Lifesciences of its disputed company policy The Commission has now ended its competition probe into Edwards Lifesciences ( Edwards) once the medical device maker rescinded its Global Unilateral Pro- Innovation ( Anti- Copycatting) Policy ( UPIP). The UPIP has been taken down from the company's website and is therefore no longer applicable. Edwards is a medical technology company based in the US, specialising in cardiovascular medical devices. Its Transcatheter Aortic Valve Implantation ( TAVI) products are employed to treat aortic stenosis, among the most prevalent and severe cardiovascular conditions. The case stemmed from surprise inspections carried out in September 2023 and examined a possible abuse of dominance under Article 102 TFEU......
EU financial services developments EIOPA publishes six IRRD instruments The European Insurance and Occupational Pensions Authority ( EIOPA) issued six measures to support the rollout of the Insurance Recovery and Resolution Directive ( IRRD). The set comprises guidelines and regulatory technical standards addressing various elements of the regime, including pre-emptive recovery planning, resolution planning, and the assessment of resolvability for insurance firms and groups. Due to take effect in 2027, the IRRD establishes an EU recovery and resolution framework for (re)insurers......
Tyson International Company Ltd v Gic Re, India, Corporate Member Ltd (sued as the Sole Corporate Member for Syndicate 1947 At Lloyd’s of London for the 2021 and 2022 Years of Account) [2026] EWCA Civ 40 What are the practical implications of this case? Although the court aims to uphold the parties’ contractual bargain, it will be cautious about knitting together incompatible terms in a manner that reverses what the parties agreed. In intricate contractual frameworks where clashing dispute resolution clauses may appear, the ruling underlines the need to state clearly which provision has primacy. A precisely drafted hierarchy or ‘confusion clause’ can be pivotal in resolving jurisdictional contests. Of particular relevance to the insurance and reinsurance market, the decision also has broader application for multi-jurisdictional commercial contracts. Of note: where a hierarchy provision (or ‘confusion clause’) exists, the court will construe it in its...
Mergers The Commission approved: the purchase of exclusive control over Project Informatica S.r.l....
Speedread In this piece, we examine a recent Supreme Court judgment that clarifies how far evidence can be used where a person, under compulsion, supplies a password or digital key (such as a fingerprint or facial recognition) to a seized electronic device, and how any material then obtained from that device may feature in a later prosecution... The Supreme Court upheld the constitutionality of the relevant measure, namely section 49 of the Criminal Justice ( Theft and Fraud Offences) Act 2001 (2001 Act), which makes it an offence to refuse to provide a password for a lawfully seized device when requested by the Gardaí under section 48... Significantly, the Court confirmed that compelled provision of a password or digital key engages the privilege against self-incrimination and cannot be relied upon in any prosecution to prove that the individual owned,...
Family proceedings: court bundles The sixth Practice Direction Update in 2025 unveiled a revised Family Procedure Rules 2010 ( FPR 2010), PD 27A ( Family proceedings: court bundles), taking effect on 2 March 2026 and wholly superseding the earlier PD 27A in its entirety. Adherence to FPR 2010, PD 27A is required to secure uniform practice across England and Wales, throughout the Family Court and the Family Division of the High Court, for assembling and lodging court bundles effectively in those courts. From 2 March 2026, every hearing must comply fully, with no transitional arrangements or grace period whatsoever. PD 27A has been reorganised structurally and expanded to more than twice its previous length. Before 2 March 2026, PD 27A appeared as one continuous sequence of paragraphs without chapters. After that date, it contains 19 chapters, ordered by subject matter. The...
On 11 February 2026, Fox Williams LLP confirmed it acts for independent publishers regarding prospective copyright infringement actions against multiple AI makers, among them Anthropic, Open AI and x AI. All of these major tech giants have been sent letters of claim outlining worries that copyrighted works may have been exploited to teach their large language models without any authorisation. Fox Williams added that Google, Meta and rival companies are required to clarify the ways they relied on content, including books and journals, when constructing their AI systems and tools......
John Lapaglia v Valve Corporation Case No: 3:25-cv-00833- RBM- DDL What are the practical implications of this case? In the US, parties attempting to overturn an arbitration award must first establish an independent basis for federal jurisdiction—either the existence of a federal question or satisfaction of diversity jurisdiction requirements. Jurisdiction is a threshold issue; unless one of these grounds is shown, the court will not hear the case. Allegations about artificial intelligence ( AI), even when cast as excess of authority or manifest disregard of law under the Federal Arbitration Act ( FAA), will not be reached until that jurisdictional hurdle is cleared. In this dispute, even had the court found it could hear the matter, vacatur under the FAA would still be far from a ‘slam-dunk’. The parties must, inter alia, prove that the deployment of AI amounted to a manifest disregard of the law, or that AI...
Financial services developments PRA and FCA launch securitisation consultations The Prudential Regulation Authority ( PRA) and the Financial Conduct Authority ( FCA) have issued consultation papers ( CPs) on reforming the UK securitisation framework. Together they outline proposals aimed at simplifying obligations and reducing burdens on firms. The FCA proposes streamlining reporting, disclosure and due diligence requirements. The PRA intends to make the existing framework less prescriptive and to update the capital treatment of loans under the Mortgage Guarantee Scheme. Responses to both consultations are requested by 18 May 2026. FCA CP26/6 concentrates on simplifying due diligence and refining transparency, whilst preserving the obligation to deliver comprehensive reporting of information to safeguard investors......
The Department for Environment, Food & Rural Affairs issued the government’s Water White Paper, ‘ A new vision for water’, in January 2026 and laid it before Parliament on 20 January 2026 as CP 1490. An erratum dated 5 February 2026 alters the wording on page 28 regarding the timetable for scrapping falling block tariffs. Framed as a response to sustained scrutiny of industry performance, it serves as a springboard for ‘once-in-a-generation’ reform. It builds on measures already taken by government, including the Water Special Measures Act and a declared £104 billion investment programme for 2025 to 2030. It also follows the Independent Water Commission led by Sir Jon Cunliffe, tasked with diagnosing systemic failings and proposing structural reform. For planning lawyers, the central takeaway is that the White Paper treats planning, infrastructure delivery and development as mutually dependent. Overhaul of the...
Neidle, who heads the think tank Tax Policy Associates, told the High Court that tax barrister Setu Kamal’s claim ought to be thrown out under the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), which empowers courts to reject at an early stage proceedings amounting to strategic litigation against public participation ( SLAPPs). He invited the court to characterise the suit as a SLAPP. Represented by 5RB’s Greg Callus, Neidle argued that Kamal — a sole practitioner and former member of Old Square Tax Chambers — issued the claim to suppress public-interest criticism that Neidle had made of him. Callus said Kamal’s clear purpose in his pre-action steps was to chill and interfere with Neidle’s freedom of expression, going beyond the lawful boundaries and remedies properly available through litigation......
The Town and Country Planning ( Appeals) ( Written Representations Procedure) ( England) ( Amendment and Saving Provision) Regulations 2026, SI 2026/122 The Town and Country Planning ( Appeals) ( Written Representations Procedure) ( England) ( Amendment and Saving Provision) Regulations 2026, SI 2026/122 (the Amendment Regulations), revise the Town and Country Planning ( Appeals) ( Written Representations Procedure) ( England) Regulations 2009, SI 2009/452 (the 2009 Regulations). Finalised on 10 February 2026, they come into effect on 1 April 2026. While the Regulations extend to England and Wales, in practical terms they relate to appeals against planning determinations in England......
On Tower UK Ltd v AP Wireless II ( UK) Ltd [2026] EWCA Civ 43 What are the practical implications of this case? This ruling carries immediate and far-reaching importance for advisers dealing with the Code. The Court of Appeal has confirmed that merely holding the benefit of a Code agreement is enough to trigger Part 5 renewal rights, delivering long overdue clarity in a field that had produced transactional and procedural risk. For transactional practitioners, the judgment endorses familiar market arrangements, including assignments, portfolio transfers and the deployment of special purpose vehicles ( SPVs). Operators and infrastructure investors can pursue acquisitions, internal reorganisations and asset transfers without risking the loss of statutory renewal protection. Even so, due diligence should now concentrate on tracing the benefit of Code rights rather than depending solely on the identity of the formal contracting party. For...
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
