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 Sole traders, informal partnerships and outdated partnership deeds are common.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
UK developments FCA's new greenwashing rules lack clarity, city firms warn Law360 reports that City firms are urging the Financial Conduct Authority ( FCA) to amend its draft guidance for the forthcoming anti-greenwashing regime, seeking the removal of key uncertainties and clearer direction on the breadth of application. See: FCA's new greenwashing rules lack clarity, city firms warn. Useful information For more on sustainable finance and ESG, consider the following resources: Overviews: Sustainable finance and ESG—overview; Types of ESG finance—overview; Reporting, disclosure and regulatory issues in sustainable finance transactions—overview. Practice Note: Introductory guide to sustainable finance for banking and finance lawyers. Practice Notes: Sustainable finance—recent news; Sustainable finance and ESG—timeline. Practice Note: Sustainable finance and ESG—horizon scanner. ......
Blackhorse Investments ( Borough) Ltd v Mayor and Burgesses of the Southwark London Borough Council [2024] UKUT 33 ( LC) What are the practical implications of this case? Procedurally, this decision stands out for its close analysis of the Upper Tribunal’s ability to revisit and amend its own determinations under rule 54 of the Tribunal Procedure ( Upper Tribunal) ( Lands Chamber) Rules 2010 (the UT Rules), particularly where one party has not engaged. It is also noteworthy for its thorough exploration of the reach of the jurisdiction to alter leasehold covenants under LPA 1925, s 84. Importantly, it underscores that the power is confined to restrictions governing the user of land, and does not amount to a general licence allowing a party to pursue the variation or discharge of all lease covenants. What was the background? The Black Horse public house on Tabard Street, London SE1 (“the Black...
In this issue: Competition in life sciences Disputes and regulatory enforcement Regulatory framework for medicinal products Medical devices Research and development Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Competition in life sciences CAT publishes decisions on Allergan PLC v CMA cases The Competition Appeal Tribunal ( CAT) has released two judgments on the Competition and Markets Authority’s ( CMA) conclusion that Auden/ Actavis UK paid AMCo/ Advanz to keep its own 10 mg hydrocortisone tablets off the market. In the first, the tribunal upholds the decision on the facts and dismisses every ground of appeal. In the second, it allows the appeals because the CMA failed to put its case fully to a witness during a two‑day...
In this issue: Contract law Building safety Planning Construction industry news New and updated content Daily and weekly news alerts Construction trackers Contract law Recovering loss and expense—service of notice is a condition precedent under Scottish SBC contract ( FES v HFD Construction) In FES Limited v HFD Construction Group Ltd [2024] CSOH 20, the Outer House of the Court of Session confirmed that, under the Standard Building Contract with Quantities for use in Scotland, 2016 edition (the Scottish SBC terms), a contractor’s right to recover loss and expense arising from a Relevant Matter is contingent on serving notice of that Relevant Matter on the Architect/ Contract Administrator. This ruling will interest those advising on other agreements within the Scottish Building Contract Committee 2016 suite, and likewise advisers working with the Joint Contracts Tribunal 2016 suite, as the loss and expense provisions in those forms are materially similar to the Scottish SBC terms. See News...
In this issue: UK mergers UK private actions UK antitrust UK market studies EU state aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK mergers CMA unconditionally clears Arçelik/ Whirlpool EMEA merger after phase 2 The CMA has published its final report following its phase 2 review of the proposed joint venture between Arçelik A.Ş. (through Ardutch B. V.) and Whirlpool Corporation (through Whirlpool EMEA Holdings LLC). Both businesses are among the UK’s major suppliers of large domestic appliances ( MDAs), spanning washing machines, tumble dryers, dishwashers and cooking equipment. Arçelik’s products are largely sold under the Beko, Blomberg and Grundig brands, while Whirlpool’s portfolio is chiefly marketed under Indesit and Hotpoint. The authority has upheld its provisional view that the deal is not expected to lead to an SLC in the...
In this issue: Free trade agreements Subsidies and countervailing measures Sanctions and export control Trade in goods Customs Daily and weekly news alerts New and updated content Free trade agreements DBT announces UK and Texas trade pact The Department for Business and Trade ( DBT) has confirmed that the UK signed a trade pact with Texas on 13 March 2024 to deepen investment and trade co-operation. The UK is Texas’ 8th largest market for international goods exports, with total goods trade of £14.7bn in 2023. The agreement is designed to make it faster, easier, and less costly for UK and Texas businesses to trade by removing barriers, boosting investment, and increasing commercial activity between the two. The pact focuses on shared strengths, particularly new energy solutions — including hydrogen and carbon capture, utilisation, and storage — as well as life...
The Financial Services and Markets Act 2023 ( FSMA 2023), or FSMA, established the basis for a CTP regime, with the finer points to be taken forward by the UK’s financial regulators this year. They have initiated a consultation on proposed rules, which closes on 15 March 2024. Regulated financial services firms and financial market infrastructures routinely rely on CTPs for essential behind‑the‑scenes services, notably IT such as cloud solutions, which are increasingly significant. Yet, to date, these providers have not been under direct regulatory oversight. Supervisors are concerned about risks stemming from firms’ dependence on a limited number of CTPs and the potential repercussions of their failure for financial stability. This article explores the UK’s CTP regime and how it compares with the EU’s new Digital Operational Resilience Act ( DORA)... By way of comparison...
In this issue: Budgets and Finance Bills VAT Employment taxes Real estate taxes Companies and corporation tax International Daily and weekly news alerts Dates for your diary New and updated content Trackers Useful information Budgets and Finance Bills Finance ( No 2) Bill 2024 published Finance ( No 2) Bill 2024 is now available. Also referred to as the Spring Finance Bill 2024 ( SFB 2024) in the Spring Budget 2024 documentation, it was presented to the House of Commons and received its first reading on 13 March 2024. The date of the second reading will be confirmed. Once enacted, SFB 2024 will become the Finance ( No 2) Act 2024. For detailed commentary on the SFB 2024 and to track its progress through Parliament, see News Analysis: Publication of Spring Finance Bill 2024 and Tax—...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—13 March 2024 Two complaints were filed with the Advertising Standards Authority ( ASA) alleging that ad content held strong appeal for people under 18 years of age. The ASA upheld one complaint and rejected the other. See: LNB News 13/03/2024 52. Court of Justice ruling clarifies limited role of IAB Europe in TCF The Court of Justice clarified IAB Europe’s position by issuing its ruling in IAB Europe v Gegevensbeschermingsautoriteit. The judgement arose from IAB Europe’s appeal against the Belgian Data Protection Authority’s ( APD) February 2022 decision concerning IAB Europe and the Transparency and Consent Framework ( TCF). This followed the Belgian Market...
What is the background to the consultation? In 2023, the government stepped up efforts to accelerate UK economic growth by mobilising the significant assets sitting within pension funds. There was parallel emphasis on securing better outcomes and value for pension scheme members, alongside promoting consolidation across the pensions market more widely. These priorities shaped the government’s stance and immediate policy direction. Against this setting, a call for evidence was issued in July 2023 on potential approaches for DB schemes. In turn, the government committed to a further consultation to streamline surplus extraction and to consider creating a public sector consolidator. That exercise set the stage for the latest DWP consultation, which is seeking views on the following matters: encouraging investment in productive assets by making surplus extraction more straightforward; and establishing a public consolidator for certain DB pension schemes. What is being proposed and why? Surplus...
In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Planning issues in energy projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ opens second consultation on REMA to ensure it is fit for purpose The Department for Energy Security and Net Zero ( DESNZ) has launched a second consultation on the review of electricity market arrangements ( REMA). It forms part of the government’s pledge to conduct a comprehensive appraisal of electricity market design, ensuring it can uphold energy security and keep costs affordable for consumers as the power system decarbonises. Well-designed markets will be central to delivering an efficient energy mix through the shift to a...
Risk & Compliance weekly highlights—14 March 2024 In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Other Risk & Compliance updates this week Daily and weekly news alerts Trackers New and updated content Latest Q& A Data protection Data Protection Act 2018 ( Amendment of Schedule 2 Exemptions) Regulations 2024 SI 2024/342: Brought forward to respond to the Court’s determinations, these amendments embed more explicit safeguards on the face of the Data Protection Act 2018 ( DPA 2018). The Regulations took effect on 8 March 2024. See: LNB News 11/03/2024... Financial sanctions Reflecting on the key developments for sanctions lawyers in 2023 and predicting what 2024 might hold Diana Czugler, a senior associate at Peters & Peters, reviews the principal lessons from 2023 for sanctions practitioners and organisations aiming to adhere to...
In this issue: Key developments and horizon scanning Easements, rights and covenants Leasing of property Residential real estate Property development Property taxation Property in Scotland Additional property updates for this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Law Society summary of Spring Budget 2024 The Law Society has issued an overview summarising the Spring Budget 2024 changes to taxation for property in the sector. See: LNB News 08/03/2024 78. Source: What the spring budget 2024 means for property taxation. Proposed digital property information protocol The Digital Property Market Steering Group (a 2023-formed coalition of government and industry partners, with the Law Society as a founding member) is now inviting property practitioners to take a brief survey assessing the benefit of creating a digital property information protocol. It aims to enhance home moves, purchases and sales by promoting modern digital workflows and enabling upfront information to be more readily actioned. It would set out...
Competition policy CMA publishes Annual Pan for 2024/2025 The CMA released its Annual Plan for 2024/25. It refreshed its assessment of the previous year and upheld the ambitions and medium-term strategic priorities outlined in the draft Annual Plan that was subject to consultation in December 2023. The Annual Plan sets out the CMA’s intended areas of focus for 2024/25, reflecting work successfully delivered against its priorities during the preceding year......
In this issue: Corporate governance Equity capital markets Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate governance Parker Review Committee update broadens targets for ethnic minority representation The Parker Review Committee has issued its March 2024 analysis of ethnic diversity across UK businesses. Since the Review launched in 2015, representation of ethnic minorities on boards has risen markedly, with 96% of FTSE 100 and 76% of FTSE 250 companies now having more ethnically diverse boards. For the first time, the report also examines diversity across senior management teams and within some of the largest private UK companies. See: LNB News 12/03/2024 25. Equity capital markets CP23/31: FCA releases second tranche of draft UK Listing Rules The Financial Conduct Authority ( FCA) has updated consultation paper CP23/31, first published on 20 December 2023, to add the...
In this issue: Diversity and gender pay gap Status and worker categories Pay Tax Maternity, parents and carers Whistleblowing Prohibited conduct (discrimination etc) Equality of terms (equal pay) Employment tribunals Immigration Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q& As Parker Review Committee update report expands scope of targets for ethnic minority representation The Parker Review Committee has issued its March 2024 assessment of ethnic diversity within UK enterprises. For the first time, the Committee has broadened the review to include senior management data. The research now also spans 50 private companies in addition to listed firms. 96% of FTSE 100 companies feature at least one director from an ethnic minority on the board, versus 44% of private companies Ethnic minorities account for an average of 13% of senior management roles within FTSE 100 companies, with a target to lift this to 17% by 2027 See: LNB News 12/03/2024 25......
In this issue: Arbitration under the Arbitration Act 1996 International arbitration Institutional and ad hoc arbitration Investment treaty arbitration Other ADR and arbitration-related developments New Law Journal Daily and weekly news alerts New and updated content Arbitration under the Arbitration Act 1996 AA 1996, s 9—trust disputes—replacing trustees—stay of claim In Grosskopf v Grosskopf [2024] EWHC 291 ( Ch), the court granted a section 9 Arbitration Act 1996 application, staying a claim that sought the appointment of a Judicial Trustee under the Judicial Trustees Act 1896 to replace the defendants as trustees of a family trust. It concluded that disagreements over the administration of the trust and the trustees’ conduct fell within the scope of the arbitration agreement. The claimant’s contentions—that the matter was non-arbitrable because it was a trust dispute, and that appointing a Judicial Trustee is a...
In this issue: Authorisation, approval and supervision Accountability, culture and social governance Prudential requirements Operational resilience Financial crime and sanctions Conduct requirements Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Sustainable finance and ESG Banks and mutuals Mi FID II Regulation of personal pension and stakeholder products Payment services and systems Fintech and cryptoassets Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Latest Q& A Authorisation, approval and supervision European Parliament sets out first reading stance on plans to simplify financial services reporting and disclosure duties The European Parliament has confirmed its first reading position on a draft regulation to amend Regulations ( EU) No...
R (on the application of AB and another) v Westminster City Council [2024] EWHC 266 ( Admin) What are the practical implications of this case? While the decision may appear to hinge on its own facts, it draws attention to matters of broader significance. After the judicial review was issued, the claimants were moved to different accommodation. Westminster maintained that the new placement was suitable, yet this was not stated until its detailed grounds of defence were served. It acknowledged that a formal notice should have been given at around the time of provision, confirming suitability and informing the claimants of their right to seek a review of that suitability. The court regarded this omission as unfortunate but concluded it did not preclude Westminster from arguing that the accommodation met the required standard. The judgment also underscores the need to plead the case one intends to run....
Mergers The Commission approved: the purchase conferring exclusive control of Splunk Inc by Cisco Systems, Inc....
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
