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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Mergers Spreadex/ Sporting Index referred to phase 2 The CMA has referred to phase 2 the completed purchase by Spreadex Limited ( Spreadex) of the business-to-consumer ( B2C) arm of Sporting Index Limited ( Sporting Index). Spreadex and Sporting Index both deliver online fixed odds betting and online sports spread betting services to customers in the UK. Spreadex is additionally involved in financial spread betting as well as casino betting......
During preparatory sessions on 12 and 15 April 2024, EU envoys from Bulgaria, the Czech Republic, Estonia, Ireland, Luxembourg, Poland and Sweden rejected a draft calling for alignment of corporate tax rules, whereas France’s ambassador backed the move, according to an EU official who asked not to be named. Those governments did not reply to requests for comment. Draft summit conclusions reviewed by Law360 told EU finance ministers and the European Commission to pursue alignment of pertinent elements of domestic corporate insolvency regimes and corporate tax law to encourage equity investments......
See: If an intermeddling executor makes an application under section 116(1) of the Senior Courts Act 1981, will this absolve them of any liability? An executor obtains title from the Will, yet retains a choice about accepting the office. They may renounce, relinquishing their entitlement to the grant and stepping aside. See Practice Note: Removal, renunciation and retirement of personal representatives and Renunciation—flowchart. However, if an executor has intermeddled by performing acts concerned with the estate’s administration, they forfeit the ability to renounce. In those circumstances, their conduct is treated as acceptance of the role, and they are taken to have assumed the executorship (see Re Stevens)......
The House of Commons Justice Committee heard evidence on the implications of deploying legislation to clear all sub-postmasters convicted in England and Wales in response to the Post Office Horizon scandal. MPs were told that victims of other systematic abuses might ask why their own convictions are not being reconsidered... Hannah Quirk, a former reviewer at the Criminal Cases Review Commission and a university lecturer, told the committee there are very serious concerns about government ministers and parliament becoming directly involved in quashing convictions. She noted that people whose convictions have been overturned by the Court of Appeal, as well as those granted pardons, may question whether there is any distinction between their innocence and that of individuals who are acquitted through the passage of a new law... The government has introduced legislation that will overturn convictions for theft, fraud, false accounting and money...
On 12 April 2024, LCP proposed that the PPF, presently a backstop, might take on a bigger function for pension schemes nearing the final stages of their funding paths, under government proposals permitting the PPF to take on schemes that are solvent yet unable to pass liabilities to insurers. LCP argued that the PPF’s capabilities ought to be harnessed to better and more effectively meet the requirements of schemes at both the large and small ends of the spectrum, as well as those with stronger finances, LCP said. Jonathan Camfield, a partner at LCP, noted that these are buoyant times for the DB arena and that the Pension Protection Fund could be pivotal in capitalising on the many current opportunities......
Realm Construction Ltd v ISG Construction Ltd [2024] SAC ( Civ) 12 What are the practical implications of this case? Construction agreements often allow a payer to make deductions or set-offs from interim sums payable to the recipient, for amounts the recipient owes the payer (such as liquidated damages). The scope of the payer’s entitlement to deduct or set off is governed by the contract’s wording, and these withholdings frequently trigger disputes. Consequently, arguments about deductions recur frequently in relation to interim payments. This judgment offers useful guidance on a court’s approach to interpreting a clause that permits deduction or set-off. Key takeaways include: this decision is an unusual instance of the court adopting a reading it viewed as better aligned with commercial common sense and the legal context of the bargain (namely, the policy objectives of the Housing Grants,...
Hargreaves Property Holdings Ltd v HMRC [2024] EWCA Civ 365 The background The borrower, a UK-resident taxpayer and the parent of a group active in UK property investment, financed its business and activities with loans from a large number of lenders. In 2004, the loan arrangements were altered with the objective that the interest would not be chargeable to UK tax, ultimately so: each lender transferred its entitlement to interest (and likewise to principal) to a Guernsey-resident vehicle for consideration very shortly before the interest fell due for payment—from 2012, once assigned to the Guernsey entity, the interest was subsequently transferred again to Houmet, a UK-incorporated and UK tax-resident company just one or two days after the assignment, the interest was paid and the principal also repaid, and the same lender then made a fresh advance equal to or greater than its prior loan to the...
More than three hundred academics, among them Nobel Prize-winning economist Joseph Stiglitz, warned that investor–state dispute settlement ( ISDS) enables corporations to contest domestic policies and leave taxpayers facing sizeable judgements, all with inadequate oversight. In a letter dated 12 April 2024, they stated that ISDS lacks many of the basic protections and procedures ordinarily available in a court of law. Affected citizens or domestic entities have no channel to intervene or take part in any meaningful way in ISDS disputes. Nor are there effective routes of appeal and, as a result, no means to correct legal or factual mistakes in arbitral determinations. They also stressed that numerous private lawyers selected as arbitrators simultaneously act for investors in other legal actions brought against governments, underscoring concerns about conflicts and impartiality within the system......
The Association of Personal Injury Lawyers On 15 April 2024, the Association of Personal Injury Lawyers reported that up to one in three people receiving awards under the present personal injury discount rate may have received too little. This discount rate — often referred to as the Ogden rate — is the method insurers apply to calculate a single lump-sum payment for those requiring lifelong support following a serious accident. The figure is worked out by factoring in lost earnings alongside the ongoing expenses associated with personal care......
The papers elaborate on proposals France had already put forward in an earlier memo on a capital markets union, shared back in February 2024. According to the dedicated paper, a long-horizon European savings vehicle would pool households’ deposits and channel them to meet the real economy’s needs, particularly equity funding, SMEs and infrastructure. France proposes moving away from the Pan‑ European Personal Pension Product template—the sole EU effort in this area, which did not succeed......
State aid General Court dismisses appeal regarding Commission’s decision on Sweden’s decision to introduce a risk tax on large credit institutions The General Court delivered its judgment in Case T-112/22, Svenska Bankföreningen and Länsförsäkringar Bank v Commission, concerning a challenge to the Commission’s 2021 decision. That decision held that Sweden’s proposal to introduce a risk tax on large credit institutions did not constitute State aid, since it would not confer a selective advantage on entities to which the tax would not apply ( SA.56348). In line with that assessment, the General Court dismissed the appeal. The Swedish regime imposes a tax on large credit institutions, namely those with liabilities exceeding SEK150,000m. The purpose of the levy is to reinforce public finances and create capacity to deal with future financial crises by requiring payment from major credit institutions, whose failure or serious...
Additional developments Alongside the full coverage in the Financial Services news feed on 17 April 2024, subscribers may wish to note the following further developments: Treasury Committee: Inflation within the insurance industry and Correspondence Treasury Committee FCA: Decision Notice: 247 Commercial Vehicles Ltd FCA: Decision Notice: Craig Aspin FCA: Decision Notice: Mr George Beatty (trading as GB Auto Sales) European Parliament: Irene Tinagli on behalf of the Committee on Economic and Monetary Affairs Report A9-0029/2023 Jonás Fernández amending Directive 2013/36/ EU concerning supervisory powers, sanctions, third-country branches, and environmental, social and governance risks ( COM(2021)0663 – C9-0395/2021 – 2021/0341( COD)) AMENDMENTS 001-001 by the Committee on Economic and Monetary Affairs Report Jonás Fernández A9-0029/2023 amending Directive 2013/36/ EU regarding supervisory powers, sanctions, third-country branches, and environmental, social and governance risks Amendment 1 AMENDMENTS BY THE EUROPEAN...
Risk & Compliance forecast as at 16 April 2024 Our Risk and Compliance forecast, dated 16 April 2024, reviews forthcoming regulatory proposals relevant to risk and compliance, enabling you to plan for developments that could affect your organisation. You should examine the forecast thoroughly, as it outlines emerging changes; however, we have flagged a handful of matters that deserve attention and ought to be on your radar, summarised below for you. New items we’re tracking this month Annual keeping of the roll exercise—the SRA’s yearly keeping of the roll process is now open......
Pop v Foristal and J Ryan Haulage Ltd [2024] IEHC 179 What are the practical implications of the case? This ruling clarifies principles governing discovery of medical records. No distinction is drawn between pre- and post-accident records except where they overlap with privileged material. Privilege is not a ground to refuse discovery; it should instead be asserted in the affidavit of discovery. While that may suggest any medical records are amenable to discovery, the court emphasised they are not automatically discoverable in every case. Relevance and necessity must be established by voluntary request before issuing any discovery motion. An overlap with injuries before or after the accident cannot be presumed; a request on that basis must specify the issues it concerns and exhibit evidence on affidavit. The court found that merely citing a medical report in a discovery request was...
Insurance companies Insurance companies Summit Reinsurance Brokers Intermediario de Reaseguro SA and Thona Seguros SA asserted, in a High Court filing dated 27 March 2024, which has only recently been made public, that Carroll Insurance Group Ltd bears responsibility for the losses said to have arisen from the purported fraud. According to the claim, 'the defendant violated fiduciary obligations by plainly and covertly prioritising its own interests... by keeping and fleeing with monies paid by the claimants, while failing to deliver the services promised to the claimants in exchange for those sums'. The claims, it is said, stem from a relationship between the......
Mergers The Commission has approved: the takeover of exclusive control of Capri Holdings Limited by Tapestry Inc, following a phase I review—see further, Midday Express the purchase of joint control of Regetta Laser Holdings, LLC and its subsidiaries by The Carlyle Group Inc and GTCR LLC, following a phase I review—see further, Midday Express The Commission has received notifications regarding: Abu Dhabi Future Energy Company/ MUFG/ Terra- Gen Power Holdings II ( M.11529) (simplified merger procedure) Britannic Strategies / GETEC ENERGIE ( M.11498) (simplified merger procedure) Note— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker......
The Competition and Markets Authority ( CMA) has issued informal guidance providing businesses with additional detail on its open-door policy, as described in section 7 of the Green Agreements Guidance. The open-door policy is specifically......
Clyde & Co must face ex-clients pared-back negligence claim Sean O' Sullivan KC, acting as a deputy High Court judge, dismissed Riad Tawfiq Al Sadik’s ( Al Sadik’s) allegations that his former lawyers were negligent for not seeking to amend his Cayman Islands claim, which had alleged Investcorp mishandled his hedge fund investment. However, he allowed Al- Sadik to continue against Clyde & Co for an alleged failure to warn of the risk that the Grand Court of the Cayman Islands would issue an anti-suit injunction after Al- Sadik commenced Dubai proceedings to set aside the agreement with Investcorp. The judge noted that, tempting though it might be to dispose of the case neatly, this issue was not suitable for summary judgment and should be determined at trial (see paras [340]-[346]). He added that, because this relatively small component of Al Sadik’s US$88m claim is the sole...
In the Court of Appeal, Justice Stephen Males held that Deputy High Court Judge Stephen Houseman KC correctly prevented Tyson International Company Ltd from continuing with proceedings in the English courts in its dispute with reinsurer Partner Reinsurance Europe SE. He determined that the court was right to refuse Tyson the injunction it sought to restrain Partner Re from commencing arbitration in New York. According to the judgment, the parties entered into a reinsurance contract in June 2021 containing an English law clause and an exclusive jurisdiction provision. Eight days later, Partner Re issued a second document of reinsurance covering the same risks, but this version provided for New York law and arbitration. The judgment noted that the first document, termed the Market Reform Contract, or MRC, is typical within the London market......
Beard v Revenue and Customs Commissioners [2024] UKUT 73 ( TCC) What are the practical implications of this case? On 22 March 2024, the Upper Tribunal ( Mr Justice Roth and Judge Jennifer Dean) determined that the First-tier Tax Tribunal ( Judge Rachel Short) had rightly concluded that approximately £150m of distributions paid over a continuous five-year period to Mr Alexander Beard, a UK resident, by Glencore plc—a company incorporated in Jersey and domiciled in Switzerland—were chargeable to income tax in his hands for UK tax purposes, and did not amount to ‘dividends of a capital nature’ within section 402(4) of the Income Tax ( Trading and Other Income) Act 2005 ( ITTOIA 2005). As a result, the particular planning implemented by Mr Beard, which aimed for the payments to be treated under the capital gains tax regime, did not, subject to any further appeal,...
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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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