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 Sole traders, informal partnerships and outdated partnership deeds are common.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
In this issue Practice and procedure Relationship breakdown Financial provision Public children Private children Court of Protection Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure Law Society reports on extension of court reform timetable The Law Society has announced that HM Courts and Tribunals Service ( HMCTS) will push back its court reform schedule to March 2025. The revised timetable reflects organisational capacity, operational pressures, feedback from staff and partners, the enduring effects of the pandemic, outstanding caseloads and the rising cost of living. The extra time is intended to improve efficiency and the capability of existing technology, delivering a more consistent service. The Law Society noted it had previously cautioned against rushing development, adding that while the plans may take longer, costly...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Equality and human rights Judicial review Information law Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Weekly round-up of EU- UK TCA Specialised Committees’ publications—20 March 2024. This summary sets out items issued by the Specialised Committees constituted under the EU‑ UK Trade and Cooperation Agreement ( TCA) between 13 March 2024 and 20 March 2024. See: LNB News 20/03/2024 69. Brexit SIs REUL( RR) A 2023 SI Bulletin—drafts laid for sifting on 15 March 2024. The Retained EU Law ( Revocation and Reform) Act 2023 provides broad delegated powers,...
Industry association Insurance Europe and the CRO Forum, a risk management firm for the insurance industry, responded on 19 March 2024 to EIOPA’s industry consultation on proposed measures to curb misleading claims about the environmental credentials of financial products. The insurers urged consistent application of supervisory obligations, better co-ordination between directives and solutions to address the limited availability of data. ‘ Establishing a shared interpretation of sustainability statements is crucial for enabling competent authorities to confront greenwashing effectively, while safeguarding consumers and providing legal clarity for insurers,’ Insurance Europe and the CRO Forum noted. EIOPA has outlined new sustainability rules that all insurance and pension providers throughout Europe are required to observe in full. These rest on four core principles in practice. The first is that companies should......
In this issue Key DR developments Costs and funding Service Injunctions Evidence and disclosure New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Litigation Funding Agreements ( Enforceability) Bills Litigation Funding Agreements ( Enforceability) Bill introduced The Litigation Funding Agreements ( Enforceability) Bill (the Bill) had its first reading in the House of Lords on 19 March 2024. It seeks to amend section 58AA of the Courts and Legal Services Act 1990 ( CLSA 1990) to address the enforceability of litigation funding agreements. If enacted, it would overturn the Supreme Court’s decision in R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28, which classified litigation funding agreements as damages-based agreements and thus unenforceable. The proposed amendment would apply...
In this issue: Advertising, marketing and sponsorship Confidential information Consumer protection Contracts Data protection International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—20 March 2024 A complaint was submitted to the Advertising Standards Authority ( ASA) about a wraparound national press advert that contained comparative claims which could not be substantiated, and a misleading statement on prices when set against 2023. The ASA upheld the complaint. The ASA likewise upheld complaints concerning loot boxes in Electronic Arts Ltd t/a EA, Jagex Ltd and Miniclip ( UK) Ltd, where paid-for Facebook adverts for a mobile app game and online games left out material information about the inclusion of loot boxes. The adverts all breached CAP Code ( Edition 12) rules 3.1 and 3.3 (...
In addition to the stories covered in full in the Financial Services news feed on 21 March 2024 Subscribers might also wish to note the following further developments: ECB Working Paper: The effects of regulatory changes on rating behaviour ECB Economic Bulletin Issue 2/2024 Focus – the ECB’s climate......
The Solicitors Disciplinary Tribunal ( SDT) has rejected the SRA’s prosecution of Dentons concerning its work for a politically exposed banker from a former Soviet state. The panel dismissed the case despite concluding the firm had contravened the Money Laundering Regulations 2007, SI 2007/2157. While the SDT found Dentons did not take sufficient steps to verify the client’s source of wealth, it decided there was no breach of the SRA’s principles. The tribunal has not yet released its reasoning. The SRA said it will review the written judgment before determining its next move... The outcome serves as a cautionary moment for the SRA after it obtained a series of fines against prominent firms for anti-money laundering failings. ‘ There’s no doubt that this is not the result the SRA will have wanted,’ commented Harriet Holmes, a manager at Thirdfort, a risk...
UK developments WTW to unveil a transformative new climate finance solution Insurance broker WTW stated on 18 March 2024 that it is currently developing an insurance facility intended to strip out risks tied to lending to private companies, aiming to shield them from threats associated with climate change. For further details, see: WTW to launch game-changing climate finance solution. EU developments EU Corporate Sustainability Due Diligence Directive—what’s the current position right now? After months of political wrangling, Member States ultimately adopted a substantially revised version of the EU Corporate Sustainability Due Diligence Directive on 15 March 2024......
In this issue Key R& I developments Security review Special administration regimes Financial institutions Insolvency litigation Restructuring Personal Insolvency R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals New content Latest Q& A Key R& I developments Insolvency Service publishes monthly insolvency statistics for February 2024 The Insolvency Service released its February 2024 monthly figures on corporate and individual insolvencies. The statistics record 2,102 company insolvencies, a 17% rise on February 2023, and higher than levels seen both during the government’s COVID-19 support period and pre-pandemic. Personal insolvencies totalled 10,136, which is 23% above February 2023. See: LNB News 15/03/2024 34. Security review Update for insolvency practitioners on Companies House filings Following the earlier news analysis, Additional caution required for insolvency practitioners relying on Companies House filings, which highlighted that entries concerning registered security at Companies House had been wrongly amended to show a discharge without the knowledge of the relevant company or charge holder, it now...
Key takeaways The key points are that the High Court has found that certain prevention of access, non-damage clauses, including those contingent on action by a statutory authority, do respond to regulations introduced in consequence of a pandemic. However, the stance that furlough should be deducted from BI amounts owed to the policyholder, as determined in the High Court’s Stonegate Pub Co Ltd v MS Amlin Corporate Member Ltd ruling on 17 October 2022, is not altered by this judgment. The view that composite policies allow multiple claims on a ‘per premises’ footing, whereas a single insured operating multiple premises may not, as ruled by the High Court in Corbin & King v AXA Insurance UK plc on 25 February 2022, also stands......
In this issue: Obtaining, amending and implementing planning permission Levelling-up and Regeneration Act 2023 Nationally significant infrastructure projects Planning policy Daily and weekly news alerts New and updated content Latest Q& A Related Documents Obtaining, amending and implementing planning permission Court considers the question of discharge of pre-commencement conditions ( Lisle- Mainwaring v RBKC) In Lisle- Mainwaring v Royal Borough of Kensington and Chelsea [2024] EWHC 440 ( Admin), the court dismissed the contention that a local planning authority ( LPA) may decline to determine an application to discharge a condition if the decision is taken after the relevant planning permission has expired. It held that the broader rule—that an LPA’s ongoing duty to determine applications for planning permission and for reserved matters—equally applies to approvals required by planning conditions. This remains the position where an...
OAC referenced data from Swiss Re and Munich Re indicating that worldwide gross premium volumes for cyber insurance expanded by over 20% each year from 2019 to 2022. The insurers predict demand will rise markedly throughout the coming decade. According to the consultancy, several drivers will both push demand higher and elevate the probability of a major loss incident. OAC flagged the broad accessibility of artificial intelligence as a key concern, as the technology has enabled offenders to sharpen how they devise and execute attacks. The increasing number of connected devices has been noted by OAC too......
In this issue: Arbitration under the Arbitration Act 1996 International arbitration Institutional and ad hoc arbitration Investment treaty arbitration Other ADR and arbitration-developments Daily and weekly news alerts Arbitration under the Arbitration Act 1996 AA 1996, s 24—apparent bias—successful challenge In H1 and H2 v W, D and F [2024] EWHC 382 ( Comm), the court carefully addressed a challenge to a sole arbitrator for apparent bias under section 24(1)(a) of the English Arbitration Act 1996, arising from the film industry. Applying the Halliburton landmark test, the court concluded that the arbitrator’s conduct would cause a fair-minded and informed observer to see a real possibility of bias on the facts of the reference. Aligned with Halliburton, the court’s treatment of this dispute stands as a compelling example of the factual scenarios that may support a successful plea of apparent bias within the...
At a joint webcast meeting, the committees on economic affairs and on justice and home affairs voted overwhelmingly for a compromise on legislation earlier agreed by negotiators representing the Parliament and EU governments. The legislative package will set up a European authority to combat money laundering and the financing of terrorism......
R (on the application of Law Society of England and Wales) v Lord Chancellor [2024] EWHC 155 ( Admin) What are the practical implications of this case? The Divisional Court stopped short of holding that the Lord Chancellor breached his statutory obligation under LASPO 2012, s 1. The Law Society failed to establish, on the balance of probabilities, that the criminal legal aid scheme is intrinsically so flawed and deficient that it will generate unfairness in at least a significant and identifiable cohort of cases, such that a contravention of LASPO 2012, s 1 is made out and established. The Court’s conclusion underscores that claimants mounting an ab ante challenge shoulder a heavy evidential load and must show a real, or at minimum impending, infringement of the pertinent legal duty to prevail and succeed. By the same token, the court set an equally exacting...
In this issue: UK immigration control: how it works Sponsored work Work sponsorship: sponsors Challenging immigration decisions and enforcement Daily and weekly news alerts New Q& As UK immigration control: how it works Statement of Changes HC 590 introduces five-point plan measures The Home Office has published a fresh Statement of Changes to the Immigration Rules, HC 590, together with an Explanatory Memorandum ( EM) today. Extending to almost 300 pages, it introduces multiple amendments across different Parts and Appendices of the Rules. Notably, it brings in the principal Skilled Worker revisions and the first uplift to the minimum income threshold for family visa applications, as set out in the Home Secretary’s five-point plan for Legal Migration in December 2024. The EM highlights key reforms, summarised below. Most provisions commence on 4 and 11 April 2024, with further measures taking effect on 10 April, 16 May and 6 June. See: LNB News...
In this issue: Environmental, social and governance issues Tax EU company law Daily and weekly news alerts Dates for your diary Trackers Useful information Environmental, social and governance issues EU Corporate Sustainability Due Diligence Directive—what’s the state of play? Following several months of political back-and-forth and negotiation, the Member States ultimately signed off on a heavily reworked iteration of the EU Corporate Sustainability Due Diligence Directive on 15 March 2024. The European Parliament’s Legal Affairs Committee then cleared the draft text in a vote held on 19 March 2024. Next, the proposal heads to a concluding vote in the Parliament’s April plenary session, followed thereafter by a formal sign-off vote by the Council of the EU. If it clears those hurdles, publication in the Official Journal is anticipated to occur before the Belgian Council presidency concludes in June 2024. The...
In this issue: Ukraine conflict Cases and decisions Market practice Types of insurance Regulation Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Aviation claims See Practice Note: Ukraine conflict—aviation insurance claims, which explores the principal points of contention arising under aviation insurance policies. It also details further factors for claims under primary policies and under contingent/possessed covers, and has been developed in collaboration with Russell Butland, counsel, and Hugo Flaux, senior associate, at Allen & Overy. Sanctions Refer to Practice Note: EU/ UK financial and trade sanctions for insurers for an overview of financial and trade sanctions, with a focus on measures that expressly prohibit insurance and reinsurance. For practical guidance on the impact of sanctions on insurers and policy wordings, see...
In this issue: Building Safety Standard form contracts Adjudication Arbitration Litigation Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building Safety HSE sets out new arrangements for registering building control inspectors in England. The HSE has issued a letter to the Building Control Industry detailing fresh transitional measures for the registration of building control inspectors in England. These measures provide a 13‑week extension to the window for competence assessments, moving the deadline from 6 April 2024 to 6 July 2024. By 14 March 2024, 3,261 practitioners had started their registration applications to register. The HSE’s Director of Building Safety, Philip White, acknowledged in his letter the possible repercussions for the construction sector if insufficient inspectors are registered to practise by the legal deadline of 6 July 2024. White reiterated the imperative to keep driving up professional standards and stressed that the reforms introduced after the Grenfell Tower tragedy must not be...
In this issue Sustainable finance and ESG round–up Social Housing ( Regulation) Act 2023 Levelling-up and Regeneration Act 2023 Football Governance Bill Finance ( No 2) Bill 2024 Lending Secondary trading Security Real estate finance Sustainable finance Debt capital markets Derivatives Regulation for banking lawyers Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round–up Weekly round–up: For a snapshot of this week’s Sustainable finance and ESG developments, see Sustainable finance and ESG weekly round–up—21 March 2024. Social Housing ( Regulation) Act 2023 Social Housing ( Regulation) Act 2023 ( Consequential and Miscellaneous Amendments) Regulations 2024, SI 2024/399: These Regulations make consequential changes across primary and secondary legislation flowing from the Social Housing ( Regulation) Act 2023. They address the framework for social housing...
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
