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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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After a consultation period, the ICO is preparing to release guidance offering deeper clarity on how it works out penalties – to a degree, according to Claudia Berg, ICO general counsel, speaking at the ‘ IAPP Data Protection Intensive: UK 2024’ in London on 28–29 February 2024. ‘ People need to grasp, and to some extent anticipate, what the likely penalty will be if you do break the law,’ Berg said, adding that monetary sanctions are ‘one tool in the toolbox.’ Steps, buckets, traffic lights The updated approach will use five stages. First comes a ‘traffic light’ grading into ‘three buckets’ of seriousness, Berg explained. Subsequent stages consider both aggravating and mitigating elements. These will inform any potential fine to be imposed......
On 2 March 2024, Jeremy Hunt, the chancellor of the Exchequer, said a new disclosure regime, set to take effect by 2027, would “focus minds” across the retirement sector. He emphasised this would apply across the market broadly. His comments were part of a clutch of weekend announcements trailing the Spring Budget due on Wednesday 6 March 2024. HM Treasury, also on 2 March 2024, indicated it expects schemes to run regular comparisons with other, larger pension plans, and that it will give regulators authority to intervene and stop underperforming schemes from accepting new business. Specialists caution, however, that these proposals could weaken trustees’ independence when making investment choices intended to serve members’ interests......
Mergers The CMA commenced its phase 1 review concerning the anticipated acquisition of Serato Audio Research Limited by Alpha Theta Corporation—see further, the case page. NOTE— For all live mergers before the CMA, see further, the UK mergers—ongoing cases tracker. Upcoming dates For dates of upcoming UK competition developments, see further, the UK Competition calendar......
Brown and another v Revenue and Customs Commissioners [2024] EWCA Civ 92 What are the practical implications of this case? The consequences for FA 2003, s 45 are relatively limited. That provision was substantially reworked with effect from 17 July 2013, and many SDLT avoidance arrangements centred on it have already been contested and concluded. Nonetheless, the idea of consideration being provided indirectly is mirrored in FA 2013, Sch 4, para 1, which defines the fundamental notion of chargeable consideration. In that light, the Court’s treatment of what amounts to consideration given indirectly has broader practical importance. It will guide advice on more intricate structures, particularly where third parties are indirectly involved in the commercial framework. The Court also addressed a procedural issue concerning how to assess the notional transaction that arises when the anti-avoidance rule in FA 2003, s 75A is engaged. There had been...
Discharge from liability of office-holders Consult Practice Note on office-holders’ discharge from liability...
Farley (formerly CR) and others v Paymaster (1836) Ltd [2024] EWHC 383 ( KB) What are the practical implications of this case? The court’s move to strike out a large tranche of claims underscores how hard it is to surmount the stringent evidential thresholds in data breach litigation. Claimants must prove tangible loss, and cannot simply lean on inference—no matter how compelling—or on the fact of distress alone. The onus remains with the claimant to establish that an unauthorised third party actually accessed the personal data. Conduct that does not lead to unauthorised access is treated differently by regulators than by the civil courts. For instance, if documents with personal data are mistakenly left on public transport, a regulator might act over security failings, yet a civil claim may falter if the papers were swiftly recovered and not read by...
Mark Stolkin and others v HMRC [2024] UKFTT 160 ( TC) The taxpayers were shareholders in a company that purchased a sizeable plot of land in West London (the Site). The company classified the Site as a fixed capital asset of its investment business and, having regard to the company’s original intentions for the property, the FTT concluded that this treatment was correct and appropriate at the time. The Site was the company’s sole fixed asset at that stage. The company altered its plans for the Site after the competent planning authorities relaxed restrictions (on their own initiative, without any prompting whatsoever by the company). The company then subsequently obtained more advantageous planning permission and endeavoured to secure an even stronger position before ultimately selling the Site. Just shy of three years after the acquisition, the company purported to appropriate the Site to...
THG plc v Zedra Trust Company ( Jersey) Ltd [2024] EWCA Civ 158 What are the practical implications of this case? This ruling carries significant weight for company law specialists and for anyone prosecuting or defending unfair prejudice petitions under CA 2006, s 994. For the last forty years, the settled ‘received wisdom’ was that no limitation period governed such petitions, whether under s 994 or its antecedent provisions. That belief became so embedded that decisions of the High Court and the Court of Appeal — for example Bailey v Cherry Hill Skip Hire [2022] EWCA Civ 531 — were argued and decided on the shared premise that respondents could not rely on limitation as a defence. The Court of Appeal has now displaced that view. It has held that, as a general rule, a 12‑year limitation period applies; however, where the petition...
Antitrust Commissions fines Apple over €1.8 for abusing its dominant position on the market for the distribution of music streaming apps The Commission has adopted an infringement decision, formally levying a €1.8bn penalty on Apple for exploiting its dominant position in the market for the distribution of music streaming apps ( AT.40437). The investigation was launched on 16 June 2020 following a complaint from Spotify. After issuing a first statement of obligations on 30 April 2021, the Commission then sent Apple a revised statement of objections on 28 February 2023, which removed concerns about the mandatory use of Apple’s own in-app purchase mechanism from the scope of the investigation. The authority has now concluded that Apple imposed restrictions on developers that prevented them from informing i OS users about alternative and cheaper music subscription services available outside the app, known as...
Rea v Rea and others [2024] EWCA Civ 169 What are the practical implications of this case? This decision matters for probate professionals and is must-read material for those advising on claims of undue influence over the making of a Will. Advisers supporting clients who propose to assert undue influence in relation to a testamentary instrument should examine it closely. Bringing such an allegation is weighty. The classic formulation, given many years ago by Lord Cranworth LC in Bosyse v Rossborough (1857) 6 HL Cas 2, 10 ER 1192 (not reported by Lexis Nexis®UK) at paragraph [51], states in effect that to invalidate the will of a person of sound mind, it is inadequate to show circumstances compatible with undue influence; it must be demonstrated that they cannot be reconciled with any alternative explanation. That articulation has been regarded as pitching the test too high (see...
Abby Thomas, chief executive at the Financial Ombudsman Service ( FOS), told the Treasury Committee that the FOS anticipates a rise in claims from victims of authorised push payment ( APP) fraud once compulsory reimbursement comes into force in October 2023. ‘ Pragmatically, we are expecting some uplift towards the end of the year, though we hope the picture will settle after that,’ Thomas said. To prepare for the likely increase in complaints when the Payment Systems Regulator begins requiring all banks to repay fraud victims, Thomas explained that the FOS has made its claims processing more efficient. ‘ We have reduced the time it takes us to resolve all cases, including fraud cases, despite the widening range of methods used by fraudsters and the growing complexity of the matters we see,’ Thomas added......
Trends observed in the filing of such applications before the US District Court for the District of Delaware—and beyond—in the past year make Delaware a very appealing forum for foreign litigants in 2024 Despite the US Supreme Court’s June 2022 decision in ZF Automotive US Inc v Luxshare Ltd [3], which shut the door on section 1782 discovery for participants in international arbitration, the tally of section 1782 applications in the District of Delaware kept climbing throughout 2023, rather than receding. Applications rose by 37.5% in 2023, on the back of a 20% uplift in 2022. The chart below sets out the outcomes of section 1782 applications lodged in the District of Delaware in 2023. The most common disposition remains an ex parte order granting the request, reflecting the prevailing trend. However, in certain matters the district court has required service of the...
FDI The Secretary of State has approved, with conditions, Siliconix Inc’s purchase of Neptune 6 Ltd pursuant to the National Security and Investment Act 2021—see further, final order NOTE— For every transaction where the UK government has intervened on national security grounds under the National Security and Investment Act 2021, see further, Government interventions on national security grounds—cases tracker Competition policy The DBT has named five additional Non- Executive Directors to the CMA board—see further, press release NOTE— For an overview of all current competition law legislation, guidance and other policy developments, see further, UK competition law—ongoing legislation and policy tracker Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
The recommendations accepted by the government On 12 February 2024, the government issued its reply to the Law Commission’s report. Although most of the Commission’s recommendations were accepted, wholly or in part, the practical impact on the current SARs framework is slight, and real change is limited. Measures that keep matters as they are were approved, including retaining the consent regime, leaving unchanged the process for handling SARs linked to international criminality, and declining to provide a statutory definition of suspicion. Several other recommendations were endorsed only in a qualified way, with caveats and constraints. Further research into targeted reporting (where in specified circumstances filing a SAR is mandatory) was agreed in principle; however, the government said it had already covered this when passing the ECCTA 2023 and elected not to pursue it further. The question of how a financial...
Mergers The Commission approved: the joint control acquisition of Adevinta ASA by Permira Holdings Limited and Blackstone Inc ( M.11385) after a phase I review—see also, the Midday Express the acquisition of sole control of Barentz Holding B. V. too......
Jump to: General Brexit headlines Made Brexit SIs laid in Parliament Draft Brexit SIs laid in Parliament Post- Brexit transition guidance Editor’s picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section presents the main, cross-cutting Brexit news. Weekly round-up of EU- UK TCA Specialised Committees’ publications—27 February 2024: this overview details publications issued by the Specialised Committees formed under the EU- UK Trade and Cooperation Agreement ( TCA) for 21 to 27 February 2024. See: LNB News 27/02/2024 47. Made Brexit SIs laid in Parliament Haiti ( Sanctions) ( Amendment) Regulations 2024 SI 2024/178: made using powers in the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) in the Brexit context, these amend UK secondary legislation on sanctions and commence on 14 March 2024. See: LNB...
Employment Judge David Massarella has decided that 9,555 members of the policing professional body are to be included as claimants, as set out in the judgment dated 14 February 2024 and released on 27 February 2024. As a consequence, they stand to gain from a June 2023 tribunal finding that the federation backed the government’s unlawful policy and discriminated against and victimised those members who opposed it. The tribunal recorded in June that the federation—established to champion officers’ interests—ran a campaign against the cohort who contested the policy, depicted them as self-serving to stoke division within the ranks, and circulated 'distorted, misleading and inaccurate' material to discourage colleagues from joining the challenge to the pension scheme. ' In pursuing this policy, the respondent knowingly supported and protected prima facie discrimination', the judge stated......
On 28 February 2024, Pw C noted that proposals recently aired by the Department for Work and Pensions ( DWP) might unlock sizeable, underused capital within the retirement savings sector. The DWP is considering measures that would permit firms to access the £1.4trn defined benefit ( DB) sector and is also seeking views on so-called surplus extraction. This approach would enable pension schemes to deploy assets exceeding those needed to cover obligations, either to enhance members’ entitlements or to support the sponsoring employer. The government emphasised it intends to allow surplus extraction only where ‘there remains a very high probability that member benefits will be paid in full’......
In the dynamic field of dispute resolution, Harmony stands as a testament to the fusion of traditional methods and cutting-edge technology. Anchored in the principles set out in ' Kleros Mediation Bridge: A Cohesive Approach Blending Traditional Mediation and Kleros Blockchain Arbitration', this forward-thinking AI system marks a major advance in reshaping dispute resolution. Harmony aims to nurture productive dialogue between disputants, helping them surface and express the underlying causes of disagreement while exploring viable settlements. It starts with empathetic, human-like engagement, moves through a structured mediation pathway, and, where appropriate, hands cases over to the Kleros platform for transparent, efficient determination. Here’s how it works. Structured mediation process of Harmony Harmony sets out a systematic, structured approach to mediation that is both comprehensive and easy to use. Its methodology follows clear, well-defined stages designed to promote transparency, efficiency, and a focus on fair...
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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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