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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Banking & Finance— February 2024 case round-up Chapman and another company v Celtic Property Developments Ltd [2024] Lexis Citation 104 Security—continued validity of a debenture—estoppel The dispute concerned whether a debenture given to the First Claimant by the Defendant still subsisted. Although the First Claimant transferred the benefit of the loan agreement to the Second Claimant, the linked debenture was not assigned at the same time, and was only transferred much later. Relying on the loan assignment, the Defendant lodged at Companies House a statement of satisfaction, asserting that the debenture had ceased to exist. The Claimants sought restoration of the debenture’s registration, whereas the Defendants contended that proprietary or promissory estoppel barred any reinstatement. The court decided there was no representation, assurance, or promise by the Claimants that the security would be treated as redeemed, ineffective, or left unenforced after the loan was...
In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Evidence and disclosure ADR New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments Announcements Ministry of Justice ( Mo J) confirms the appointment of the Deputy Chair of the Boundary Commission for England ( BCE): The Mo J advises that the Honourable Mr Justice Swift will serve as Deputy Chair of the BCE from 16 February 2024 until 15 February 2027—see: LNB News 26/02/2024 38— Mo J confirms appointment of new Deputy Chair of the BCE. Updated email routes for the Civil National Business Centre ( CNBC) from 28 February 2024: Following the consolidation of the two national business centres into the CNBC, a review of...
Restructuring & Insolvency weekly highlights—29 February 2024 In this issue: Restructuring Corporate insolvency processes Insolvency litigation Directors and insolvency Personal insolvency Industry/sector guides for R& I lawyers Daily and weekly news alerts Key dates for R& I professionals Corporate Rescue and Insolvency ( February 2024 edition) Latest Q& A Restructuring New Practice Notes— Part 26A restructuring plan deal debriefs The Lexis Nexis Restructuring & Insolvency practical guidance team have released four fresh Practice Notes within their ‘ Restructuring Plan deal debrief’ series: ‘ Part 26A restructuring plan deal debrief— The Good Box Labs Co Ltd (in administration)’, ‘ Part 26A restructuring plan deal debrief— CFG Investments SAC’, ‘ Part 26A restructuring plan deal debrief— ED& F Man Holdings Ltd’ and ‘ Part 26A restructuring plan deal debrief— Hong Kong Airlines Ltd’. These Notes consider the key terms of the Part 26A...
Enforcement against those already identified as non-compliant is coming At a privacy conference in London, Information Commissioner John Edwards warned that action is imminent. “ Our bots are coming for your bots,” he said, describing a coding challenge his office launched on 28 February 2024 with external experts, using AI to scan websites and verify cookie banner compliance. Flagged earlier in 2024, the hackathon complements established enforcement. In November 2023, the ICO wrote to 53 of the largest websites with non-compliant cookie banners. By January 2024, the ICO said 38 had complied and four more would do so within a month. That figure has not shifted, Edwards added, and enforcement now awaits the remainder. Enforcement is coming for the rest, he confirmed......
In this issue: Corporate governance Useful Information Weekly highlights from other practice areas Corporate governance Investment Association publishes an update regarding its Principles of Remuneration and a letter to remuneration committee chairs Following earlier indications that the Investment Association ( IA) plans a substantial review of its Principles of Remuneration in 2024 (see: Share Incentives weekly highlights—1 February 2024— Corporate governance), the IA has now released an update and sent a letter to remuneration committee chairs at FTSE 350 companies. The letter explains how investors intend to engage with investee companies on executive pay throughout the 2024 AGM season. In particular, the IA highlights that investors wish to support boards as they manage continued inflationary pressures, so that pay arrangements motivate and reward employees and senior leaders to deliver strong performance. Investors will also evaluate whether executive pay outcomes are...
In this issue: Copyright & associated rights Designs Trade marks/passing off Patents Geographical indications IP and technology Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Law360 reports that Sony Music has again failed to shut down a copyright claim in England relating to royalties from Jimi Hendrix’s band. A judge in London concluded the bandmates’ estates present an arguable case concerning IP rights tied to music streaming platforms. See: Sony loses bid to stop Hendrix Bandmates' Copyright Trial. Copyright and Performances ( Application to Other Countries) ( Amendment) Order 2024 SI 2024/193: This instrument widens eligibility for specified rights under UK copyright law to certain non- UK nationals by lifting some of the current limitations on extending those rights abroad. The Order takes effect on the...
In this issue: Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Data protection Cybersecurity Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Financial sanctions Law360 notes that a billionaire linked to Roman Abramovich was unsuccessful on 27 February 2024 in seeking to overturn sanctions imposed after Russia’s invasion of Ukraine, representing the first substantive appeal against the UK government’s sanctions regime since the conflict began. See News Analysis: Abramovich ally loses appeal to upend UK sanctions in test case. The US Department of the Treasury ( USDT) has released analysis on the second phase of the price cap on Russian oil. It highlights three themes: prices secured by Russian sellers have fallen since phase two commenced; market participants and analysts associate the widening discount on Russian oil with the Coalition’s heightened enforcement; and Russian oil export volumes have remained stable in recent months. See: LNB News...
In this issue: Advertising, marketing and sponsorship Confidential information International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship UK cookie-banner offenders are edging towards enforcement action, with hopes that AI will uncover more, the ICO says. Firms that continue to run unlawful cookie banners online are now squarely in the Information Commissioner’s Office ( ICO) sights, its chief said, as he unveiled a parallel ‘hackathon’ to develop artificial intelligence ( AI) tools to locate non-compliant sites. Information Commissioner John Edwards told a conference that enforcement will shortly follow for several of the UK’s biggest websites already found to breach the rules. He also used his remarks to stress that society’s use of AI is his office’s most...
In this issue: UK and international sanctions Finance Act 2024 Real estate finance Trade and commodity finance Electronic trade documents Debt capital markets Restructuring Daily and weekly news alerts New and updated content Useful information UK and international sanctions FCDO announces UK Sanctions Strategy and 50 new Russian sanctions The Foreign, Commonwealth & Development Office ( FCDO) has introduced 50 further sanctions against individuals and entities sustaining Russia’s invasion of Ukraine, including arms manufacturers, electronics firms, and diamond and oil traders. These measures are designed to strike Russia’s key income sources and curtail the financing available to it. The FCDO has also published the UK Sanctions Strategy, setting out the government’s approach to sanctions and how they will confront threats and malign activity. See: LNB News 22/02/2024 110. Sources: New UK sanctions mark two years since...
Motoring Organisation Ltd v Spectrum Insurance Services Ltd [2024] EWHC 261 ( Comm) What are the practical implications of the case? This judgment explores a range of matters of genuine importance to commercial practice, notably the circumstances in which fiduciary duties might arise out of contractual negotiations, the extent of any such duties, and the potential for contractual liability to be implied from discussions concerning a merger. What was the background? Both companies provided insurance warranties for vehicles via motor dealerships. Their directors had previously worked together at a business named Warranty Holdings Ltd, and thereafter went on to create and develop separate, competing ventures. Between 2015 and 2019 there was an ongoing sequence of discussions and exchanges about potential co‑operation between the businesses, which culminated in a proposal that The Motoring Organisation ( TMO) would acquire a majority of Spectrum’s shares, although the exact terms of any...
What is the background consultation on the options for DB pension schemes? As one strand of the government’s push for economic growth under the Mansion House reforms (so called after the Mansion House speech on 10 July 2023, where the Chancellor of the Exchequer unveiled a package of pension measures to enhance member outcomes and strengthen UK capital markets), the DWP issued a call for evidence on 11 July 2023, ‘ Options for defined benefit pension schemes’. It sought to assess whether there is scope to permit greater flexibility in the investment of DB scheme assets so they can work harder for members, employers and the economy (with those assets amounting to about £1.7trn, roughly 75% of UK annual GDP). In particular, the exercise aimed to build an evidence base on ways DB pension schemes could deploy assets more flexibly, while keeping...
In this issue Budget and Finance Bills Individuals and income tax Anti-avoidance Taxes management and litigation Employment taxes Key developments Environmental taxes Daily and weekly news alerts Dates for your diary New and updated content Trackers Useful information Budget and Finance Bills Scottish Parliament approves the Scottish Budget The Scottish Parliament has passed the 2024–25 Scottish Budget Bill, confirming changes to Scottish income tax, with fresh 45% and 48% rates for higher earners. See: LNB News 28/02/2024 20. Spring Budget As flagged in Tax weekly highlights—22 February 2024, the Chancellor, Jeremy Hunt, will present the Spring Budget on Wednesday, 6 March 2024. As usual, we will produce overnight analysis of the tax measures, ready on the morning of Thursday, 7 March. Our recent fiscal event coverage is available under the subtopic: 2023–24— Fiscal events including Budget. Individuals and income tax New Regulations reform Making Tax Digital for Income Tax requirements The Income Tax ( Digital Requirements) ( Amendment) Regulations 2024, SI 2024/167 were made on 19...
Libya v Ustay Yapi — CA Paris 23.01.2024 — RG No. 21/01507] What are the practical implications of this case? This ruling of the Court of Appeal is noteworthy for arbitration practitioners and their clients for two key reasons. First, it unequivocally reaffirms the function of the French courts as the annulment judge when seised under Article 1520-1 of the French Code of Civil Procedure (‘the arbitral tribunal wrongly upheld or declined jurisdiction’), addressing both the breadth and the depth of the annulment judge’s review of the award. Second, it offers additional clarity on the methodology employed by the French courts when testing this ground of annulment in the BIT context. Three points deserve emphasis: The scope of the review carried out by the annulment judge must not reach the merits. Doing so would equate to re-examining the arbitrators’...
What does the Market Standards trend report cover? This Lexis+® UK Market Standards Trend Report explores equity capital markets ( ECM) activity on the London Stock Exchange during the course of 2023. It reviews a total of 23 IPOs—14 on the Main Market and 9 on AIM—and 51 secondary offerings of £10m or above—21 on the Main Market and 30 on AIM—that completed in 2023, and benchmarks them against transactions finalised in 2019, 2020, 2021 and 2022 for comparative purposes. The report delivers analysis and commentary on prevailing and nascent trends across the market and also considers what we might expect to see in 2024. What are the highlights from the report? The report highlights the following core points: a five-year comparative overview of Main Market and AIM transaction volumes, market capitalisation and gross proceeds industry sector analysis covering IPOs and secondary...
In this issue: Arbitration in England and Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Daily and weekly news alerts New and updated content Arbitration in England and Wales Court of Appeal—anti-suit injunctions—foreign arbitrations In Uni Credit Bank Gmb H v Ruschemalliance [2024] EWCA Civ 64, the Court of Appeal ( Co A) reversed the High Court’s position in G v R and issued an anti-suit injunction ( ASI) preventing RCA from continuing substantive litigation in Russia contrary to an arbitration agreement. The ruling is especially noteworthy as it harmonises recent ASI case law where the arbitral seat lies abroad, marking the first definitive, authoritative decision from an appellate court on this point. See News Analysis: Back on track— English Court of Appeal brings order to anti-suit injunctions in support of foreign...
In this issue: Forfeiture Electronic communications Neighbour and party wall disputes Service charges Trespass and adverse possession Residential tenancies Lease covenants and obligations Contractual disputes Repairing obligations and dilapidations Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Further Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Forfeiture Suing for service charges did not waive right to forfeit ( Clemente v Mindmere Ltd) In Clemente v Mindmere Ltd [2024] All ER ( D) 14 ( Feb), [2024] UKUT 50 ( LC), the Upper Tribunal ( Lands Chamber) dismissed the tenant’s appeal against the First-tier Tribunal ( Property Chamber). The FTT had concluded that administration charges of a specified amount were reasonable and, if demanded,...
Antitrust The CMA has revised the schedule for its continuing probe under the Competition Act 1998 into Apple’s practices concerning the distribution of apps on i OS and i Pad OS devices in the UK, emphasising, in particular, requirements and access terms governing app developers’ entry to Apple’s App Store......
In this issue: Medical devices Regulatory framework for medicinal products Data protection and life sciences Research and development Intellectual property Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Medical devices MHRA sets out its Roadmap towards updated medical device rules. Harriet Hanks, counsel, Andrew Austin, partner, Sofia Schaffgotsch, associate, and Honor May, trainee, at Freshfields Bruckhaus Deringer, examine the MHRA’s plans for the future regulatory framework for medical devices, released on 9 January 2024. See News Analysis: MHRA issues Roadmap towards new medical devices rules. Medical Devices ( In Vitro Diagnostic Devices etc) ( Amendment) Regulations 2024 SI 2024/221: made under legislative powers in the European Union ( Withdrawal) Act 2018 relating to assimilated law. The Regulations amend three pieces of primary legislation, nine pieces of...
In this issue: Anti-dumping Safeguards WTO Customs Daily and weekly news alerts New and updated content Anti-dumping The Trade Remedies Authority ( TRA) has released reconsidered determinations, confirming two earlier findings on anti-dumping actions concerning aluminium extrusions from China, after a UK manufacturer sought reviews. The applicant argued the duties do not mirror the extent of harmful dumping and that large extrusions ought not to have been omitted. The TRA has maintained its position to advise imposing a fresh anti-dumping duty on specified aluminium extrusions entering the UK from China, and to refrain from applying duties to certain large aluminium exclusions, ie not widening the measure to those goods. See: LNB News 28/02/2024 27. Safeguards In its initial findings, the TRA proposes continuing the UK steel safeguard for a further two years. This measure protects the UK steel industry from surges in...
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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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