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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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At a press conference, Conservative MP David Davis and Labour MP John Mc Donnell argued the traders had been ‘scapegoated’ for merely carrying out directions issued from the very top of the banks employing them. They spoke as Tom Hayes, formerly of UBS and Citigroup, and ex‑ Barclays dealer Carlo Palombo prepare to seek to have their convictions overturned at the Court of Appeal on 14 March 2024. Hayes was found guilty in 2015, at the time for conspiring to manipulate the London interbank offered rate benchmark, Libor. Palombo was convicted in 2019, then, for rigging Euribor, the euro counterpart to Libor. Davis said that what began with the understandable furore after the 2008 financial crash and the public demand for accountability had turned into a hunt for scapegoats. He added that we are now facing another miscarriage of justice in the Post Office case, with...
The UK Minister of State for Energy Security and Net Zero, Graham Stuart, justified the move by saying the ECT is outdated and urgently needs reform; discussions have stalled and a sensible update now seems improbable. Remaining a party would not aid the transition to cleaner, cheaper energy, and could even penalise the UK for its world‑leading drive to achieve net zero. Background to the ECT The ECT is a multilateral treaty concluded in 1994 and entering into force in 1998. It counts 50 states as signatories, including the European Union and its Member States. The treaty was designed primarily to facilitate investment by Western European economies into energy production in Eastern Europe after the dissolution of the Union of Soviet Socialist Republics ( USSR). More specifically, one aim was to guarantee Western Europe a dependable energy supply—mainly...
Treatment of out-of-the money creditors in Part 26A Restructuring Plans ( CB& I UK Ltd v Refineria de Cartagena S. A. S. and others) Re: CB& I UK Ltd [2024] EWHC 398 ( Ch) What are the practical implications of this case? It remains apparent that section 901A(3) of the Companies Act 2006 ( CA 2006) sets a very modest, and readily attainable, jurisdictional bar, which can be satisfied by even a nominal payment to the creditor as consideration for the ‘compromise or arrangement’ of their claim. A challenging creditor needs to be cognisant of the consequences of its conduct outside the trial of the Plan, particularly where such conduct is at odds with the future position that is being presented. What was the background? In this case, the disputed points to be considered when deciding whether or not to sanction the Plan were primarily centred on the...
In February 2023, the Bo E and HM Treasury opened a consultation, working on the basis that a digital pound is probably required to keep up with shifts across the digital payments landscape. While the response stops short of confirming whether a digital pound will in the end be introduced, it does set out an update on the proposed approach and the forthcoming steps on the agenda for a possible launch. Opting for a phased programme to assess the issues, costs and benefits of a digital pound, and holding off a definitive decision on issuance, is sensible given the potentially far‑reaching effects such an instrument could have on the UK economy and the architecture of the financial system. This staged path also allows private sector participants, e.g., banks, time to prepare for a launch and to build services that would enable them to take part in the...
Court of Appeal confirms Aldi bottle infringes M& S's registered designs ( Marks & Spencer plc v Aldi Stores Ltd) Marks & Spencer plc v Aldi Stores Ltd [2024] EWCA Civ 178 What are the practical implications of this case? The practical upshot is a renewed realisation of the strength of design rights in combating lookalikes. Although trade marks and passing off are often the first avenues pursued when taking action against copycat products, such claims have historically met with limited success. This judgment shows that, when obtained and deployed with care and breadth, registered designs can deliver a winning strategy against lookalikes, particularly where the imitation is sold under a separate brand identity. In this dispute, Aldi’s bottle carried the word ‘ INFUSIONIST’. Because the issues were confined to designs, that difference in branding played no part in assessing the similarity between the...
What was the report about? This report follows up the full inspection on the same theme issued on 1 January 2022 (see LNB News 12/01/2022 90). The re-inspection reviewed progress on previously accepted recommendations, examining how greater automation at the border is balanced by measures to spot vulnerable travellers and uphold strong border security. Observations took place at London Heathrow Airport Terminal 4 on 2 May, London Luton Airport on 3 May, and London Stansted Airport on 11 May 2023... What did it find? In brief, the inspectors were not persuaded. They found that, while the Border Force personnel encountered were broadly dedicated and capable, their work was substantially hindered by: distractions ineffective and uneven allocation of resources insufficient communications equipment poorly arranged arrival halls weak data They also highlighted minimal progress on earlier...
In a statement, the CBI said the review seeks to refresh the rules to tackle areas including the environment, digitalisation and fraud. The proposed revisions will bring together several current codes and obligations. According to the CBI, the updated code will feature two fresh regulations: standards for business will supersede the code’s general principles, while general requirements will be created to encompass sector-specific rules. Derville Rowland, the bank’s deputy governor, said the code is the cornerstone of the Irish consumer protection framework. It has worked well for consumers, overall over the years, and......
Throughout 2023 and into early 2024, attention was firmly fixed on the implementation and enforcement of sanctions under the UK’s autonomous post‑ Brexit regime, with Russia the prime focus. Per the most recent officially reported data, as at 31 March 2023 the UK’s consolidated list of financial sanctions targets, maintained by the Office of Financial Sanctions Implementation ( OFSI), named 3,883 designated persons. Those individuals and entities were subject to an asset freeze (or other restrictions) across 35 sanctions regimes. These totals are likely to have increased substantially over the past 12 months, and we expect them to rise further between now and the end of the year. Alongside the expansion of the roster of sanctioned persons, 2023 also brought a suite of new financial and trade prohibitions. Measures introduced under the Russia regime have included limits on providing trust services and legal...
FES Ltd v HFD Construction Group Ltd [2024] CSOH 20 What are the practical implications of this case? This decision establishes that, under the Scottish SBC conditions, a contractor’s right to recover direct loss and expense stemming from a Relevant Matter ( RM) depends upon notifying the Architect/ Contract Administrator of the RM promptly, once its probable impact becomes reasonably evident. Put differently, service of such notice is a precondition to the contractor’s entitlement. Timely notice is therefore essential to secure any entitlement. The court regarded this result as unavoidable, given the plain text of the operative clauses, and as consonant with commercial common sense. Parties working with contracts founded on the Scottish SBC should, accordingly, implement measures to secure compliance with these requirements. Conversely, those who would prefer that recovery of loss and expense is not made contingent upon the issue of a notice ought to...
R (on the application of HXN) v Redbridge London Borough Council [2024] EWHC 443 ( Admin) What are the practical implications of this case? The practical lesson is straightforward: once a specialist need appears in an ECHP, the Local Authority ( LA) bears the statutory obligation to satisfy it and cannot shift that responsibility to third parties such as schools. The judgment further makes plain that the LA must do more than allocate budget or funding; it has to procure the concrete provision required, including securing specialist tutors. Moreover, unless some clear alternative factor disrupts delivery in a way that genuinely prevents the LA from providing the service, the duty remains with the LA. Consequently, non-compliance is liable to prompt the court to issue a mandatory order to cure the breach, compelling the LA to perform its statutory functions. A striking feature here was...
Niasse v HMRC [2024] UKFTT 179 The taxpayer, Mr N, was a professional footballer with Lokomotiv Moscow who transferred to Everton FC in 2016. To conduct the transfer negotiations, he engaged an agent under a standard representation contract. The taxpayer, the agent and Everton then entered a tripartite contract under which the agent would act for both the taxpayer and the club in the negotiations and would provide further services to the club whilst Mr N was employed by it. That tripartite arrangement specified that the fees payable by Mr N to the agent in respect of the transfer were to be paid by Everton. It was not contested that Everton’s payment of the agent’s fees constituted either employment income or......
Market studies CMA identifies multiple concerns in the veterinary services for household pets market; consulting on proposal to make market investigation reference After an initial assessment, the CMA said it had reached a provisional view to open a full market investigation into the veterinary industry. A consultation was opened by the CMA on 7 September 2023. In its review, the authority reported an exceptional volume of submissions to its request for evidence and expressed worries that people may lack sufficient information to select the most suitable vet practice or course of treatment. Notably, the CMA observed that more than 80% of vet practices publish no prices on their websites, including for standard appointments or vaccinations, and that obstacles exist to obtaining second opinions, across services for household pets, with consumers lacking information and finding it hard to compare options and pursue advice......
Mergers The Commission has authorised: Investindusrial SA to secure sole control of Fassi Holding Srl ( M.11471) following a phase I investigation—see further, Midday Express the establishment of a joint venture by Mitsui & Co., Ltd, Osaka Gas Co., and RWE Offshore Wind Japan Murakami- Tainai K. K......
Mergers The CMA confirms it has, as required, sent its report to the Secretary of State on jurisdiction and competition issues linked to Red Bird IMI’s anticipated acquisition of Telegraph Media Group—see further, case page. NOTE— For a summary of mergers in which the UK government has intervened on public interest grounds under the Enterprise Act 2022, see Government interventions on public interest grounds—merger cases tracker. Antitrust OFGEM has launched a Chapter II Competition Act 1998 investigation into suspected breaches of competition law, concerning a possible abuse of a dominant position—see further, press release. NOTE— For all live behavioural probes before the CMA and sectoral regulators, see UK behavioural investigations—ongoing cases tracker. Competition policy The CMA seeks inputs for its review of the Rail, Road, Inland Waterway Transport Block Exemption ( RRIWTBER), assessing fitness for purpose, UK economic...
Paul Maynard, the Pensions Minister, stated in a letter to the parliamentary Work and Pensions Committee ( WPC), released on 6 March 2024, that the government is collaborating with regulators on applying the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR), SI 2003/2426. Providers of retirement savings schemes worry that these privacy requirements could stop them meeting new draft obligations. The proposals will oblige providers to give savers choices about how they access their retirement benefits, as set out in the rules......
INSOL Europe/ Lexis R& I joint project on implementation of EU Directive 2019/1023— Bulgaria Lexis R& I and INSOL Europe are gathering articles from INSOL Europe’s membership and Country Coordinators, explaining how EU Member States have put into practice Directive ( EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures designed to enhance the efficiency of procedures relating to restructuring, insolvency and discharge of debt, which also amends Directive ( EU) 2017/1132 (the EU Directive). A summary table of the outcomes prepared by INSOL Europe in association with Lexis R& I can be accessed here: INSOL Europe/ Lexis+® UK Joint Project on EU Harmonisation Directive 2019/1023: consolidated table. As a general rule, you should seek advice from local lawyers in the relevant jurisdiction to confirm the measures...
Note: the Civil Procedure Rule Committee ( CPRC) has stopped issuing the background papers alongside the minutes; this News Analysis is not accompanied by documents setting out the issues discussed. A copy of the minutes can be accessed here: Minutes of the Civil Procedure Rule Committee. The minutes contain references to items intended for a forthcoming Civil Procedure Rules ( CPR) and Practice Directions ( PD) update scheduled for April 2024. Please note that the CPR and PD updates have been published—see: LNB News 01/02/2024 82—163rd Practice Direction update approved—in force dates 1 February and 6 April 2024; and LNB News 01/02/2024 37— Civil Procedure ( Amendment) Rules 2024. Welcome, Minutes of 1 December 2023, and other matters (item 1) The CPRC approved the minutes of the 1 December 2023 meeting (see News Analysis: Minutes of the CPR Committee meeting—1 December 2023), subject to minor...
Taskforce on Social Factors On 7 March 2024, TPR stated it expects trustees to adopt fresh guidance issued by the government-led Taskforce on Social Factors, and to follow it in practice. Released the same day by the Department for Work and Pensions, the guidance says trustees must take into account issues such as modern slavery, as well as inclusion and diversity, when they decide how to invest the savings of workers. Established in 2021 by former pensions minister Guy Opperman, the Taskforce brings together representatives from government, regulators and private sector organisations......
Hilton Foods Solutions v Wright [2024] EAT 28 What are the practical implications of this case? This judgment turns on a single issue of interpretation: what must an employee do to be treated as having “sought” parental leave so as to gain protection from dismissal under the MAPLE Regulations 1999, SI 1999/3312, reg 20, as enforced by section 99 of the Employment Rights Act 1996? HHJ Tayler found that whether an individual has “sought” parental leave is a matter for the employment tribunal to decide on the facts, applying the ordinary meaning of the word “sought”, without any special gloss. Serving notice to take parental leave in accordance with paragraphs 1(b) and 3 of Schedule 2 to the MAPLE Regulations will, save in exceptional circumstances, generally show that the employee has “sought” to take parental leave; however, it is not the sole means by which it can be...
Setting out his election-year Spring Budget in the House of Commons on 6 March 2024 Chancellor Jeremy Hunt announced that newcomers to the UK will not be charged tax on overseas income and capital gains for their first four years living in Britain. After that window, those who remain will be taxed in line with other residents. The changes take effect from April 2025 and, having been heavily signposted, came as no shock. Legal professionals foresee a short-lived spike in requests for counselling and advice, but caution that the policy shift could ultimately prove counterproductive if affluent, mobile clients opt for jurisdictions with kinder tax terms. Alex Boothman, a partner at Keystone Law, similarly expects a marked rise in instructions for legal advisers—albeit briefly. He anticipates the reforms will jolt the market in the near term and may then lessen the ongoing need for advice if fewer...
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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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