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PUBLIC LAW

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

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ARBITRATION

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...

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PRIVATE CLIENT

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 Sole traders, informal partnerships and outdated partnership deeds are common.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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NEWS

In this issue: When planning permission is needed Nationally significant infrastructure projects Biodiversity net gain Planning issues in energy projects Buildings and Building Regulations Daily and weekly news alerts New and updated content Latest Q& As Related Documents When planning permission is needed Government amends PD rights for England and consults on further changes The government has updated permitted development ( PD) rights in England, simplifying the switch from commercial, business and service uses to dwellinghouses. It has also opened a consultation on further PD reforms, proposing larger household extensions and outbuildings, widening the range of buildings eligible to build upwards, and broadening demolition-and-rebuild rights. See News Analysis: Government amends PD rights for England and consults on further changes. DLUHC announces new planning rules for short-term lets The Department for Levelling Up, Housing and Communities ( DLUHC) has issued a press release setting out rule changes intended to stop residents being displaced from their areas by high...

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NEWS

Rahimi v City of Westminster Council [2024] EWCA Civ 73 What are the practical implications of this case? The Court of Appeal offered valuable clarification on a body of law that has developed incrementally since Victorian times. The court distilled the following core propositions: To establish a surrender by operation of law of a joint tenancy, the party asserting it must prove that all joint tenants and the landlord were party to an arrangement inconsistent with the joint tenancy continuing. Where a tenant gives up possession and, at the tenant’s request or with the tenant’s consent, the landlord grants a fresh tenancy to a third party, that original tenant’s conduct is sufficient to amount to unequivocal behaviour. By contrast, permanently vacating a dwelling and asking for alternative accommodation does not amount to giving up possession; factual occupation is not the same as legal...

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NEWS

In this issue: Litigation Building safety Environmental issues Construction industry news Daily and weekly news alerts New and updated content Construction trackers Litigation Contractor was bound by cap in letter of intent ( CLS v WJG Evans) In CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 ( TCC), the TCC held that the parties did not conclude a formal construction contract for the development, so their dealings continued to be controlled by a letter of intent ( LOI). As a consequence, the contractor’s right to payment was confined to the LOI’s ceiling, which was below its assessment of the completed works. The judgment also offers practical guidance on which disputes are apt for resolution under Part 8 proceedings. Refer to News Analysis: Contractor was bound by cap in letter of intent ( CLS v WJG...

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NEWS

On 21 February 2024, advocates for sustainable finance told the parliamentary Work and Pensions Committee that the Pensions Regulator should issue additional guidance to spur climate-positive investment. The Committee is examining whether trustees’ fiduciary duties around pension investment choices ought to be updated, as the UK pursues broader plans to cut carbon emissions to net zero by 2050. In 2021, the government brought in rules for UK pension schemes, obliging them to produce disclosures on the financial risks posed by climate change. The initial wave of reports appeared in July 2022. Yet industry specialists argued that the framework has scarcely prompted a material shift in investment behaviour to date, according to sector voices......

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NEWS

In this issue: Brexit SIs Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial review Equality and human rights State security and intelligence Subsidy control and State aid Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit SIs Windsor Framework ( Constitutional Status of Northern Ireland) Regulations 2024 ( SI 2024/164): Made under powers in the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) in relation to Brexit. These measures alter three UK primary statutes concerning Northern Ireland’s constitutional status. They took effect on 20 February 2024. Updated from draft on 20 February 2024. See: LNB News 01/02/2024 1. Windsor Framework ( UK Internal Market and Unfettered Access) Regulations 2024 ( SI...

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In this issue: Practice and procedure Financial provision Domestic abuse Private children Public children Enforcement Daily and weekly news alerts Updated content Lex Talk®Family: a Lexis®Nexis community New Q& As Useful information Practice and procedure Mo J publishes updated HMCTS email guidance for family proceedings The Ministry of Justice ( Mo J) has issued revised email guidance for family proceedings. Updates now reference use of the My HMCTS case management system, raise the permitted page count for supporting material sent by email, refresh details of documents the court may transmit by email, and explain how to email the Courts and Tribunals Service Centre ( CTSC) and how filing is recorded. The guidance also includes practical hints and tips for emailing the CTSC. See: LNB News 19/02/2024...

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NEWS

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budget and Finance Bills Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax‑efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts Lex Talk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q& As Useful information Probate HMCTS probate enquiry line—temporary reduced hours As highlighted in Private Client weekly highlights—8 February 2024— Probate, HMCTS’s probate enquiry phone service will operate on shortened hours of 9 am to 1 pm, Monday to Friday, for 12 weeks from 14 February 2024. The HMCTS Probate Service will, however, continue to be available via...

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NEWS

In this issue: Pay Tax Prohibited conduct (discrimination etc) Equality of terms (equal pay) Data protection and employee information Individual rights arising from union membership Banking and financial services: employment issues Issues arising on termination Unfair dismissal Employment Tribunals Daily and weekly news alerts Dates for your diary Trackers New Q& As Pay DBT names and shames 524 employers failing to pay minimum wage The Department for Business and Trade ( DBT) has publicly identified more than 500 firms for failing to pay the national minimum wage to upwards of 172,000 workers. Employers in breach must return nearly £16m to make good these underpayments. This is the twentieth roster released by the government since the 2013 launch of the scheme that publicly ‘names and shames’ employers who do not meet minimum wage...

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NEWS

In this issue: Criminal liability Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal liability Criminal Justice Bill—what changes are expected? Brought before Parliament on 14 November 2023, the latest Criminal Justice Bill, while not chiefly aimed at corporate crime, finalises the most far-reaching overhaul of criminal corporate liability in half a century and includes further measures with notable consequences for corporates. Emily Agnoli, partner, and Jon Malik, supervising associate, at Simmons & Simmons, explore the Bill’s...

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NEWS

Answering committee questions She outlined how Ireland’s national online safety regime will dovetail with EU rules, and described preparations under way: growing staff numbers, launching a contact centre, and forming enforcement teams to manage both. Niamh Hodnett, Online Safety Commissioner at Comisiún na Meán, told the Parliament’s Committee on Children, Equality, Disability, Integration and Youth that the era of self-regulation has ended and effective oversight is beginning. She stressed that the online safety code is not optional but binding, and must be legally robust, with each measure grounded in a strong legal basis. Hodnett added that any breach or non-compliance will attract sanctions under the Online Safety and Media Regulation Act 2022, which allows for penalties of up to ten per cent of relevant turnover or €20m, as well as criminal sanctions for egregious non-compliance. Online safety in Ireland will be governed by three sets of...

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NEWS

In this issue Corporate governance Useful Information Weekly highlights from other practice areas Corporate governance PLSA publishes 2024 update to Stewardship and Voting guidelines The Pensions and Lifetime Savings Association ( PLSA) has released its 2024 Stewardship and Voting guidelines, intended to serve scheme investors as a benchmark for corporate reporting and investor relations activity. Changes on remuneration ( Section 5) are limited. Notably, companies are now expected to include in their annual report a clear explanation of malus and clawback provisions, which may apply where rewards rely on inaccurate or misleading data, in cases of misconduct, misstated accounts, serious reputational harm, or corporate failure. This clarification follows the Financial Reporting Council’s enhanced disclosure expectations introduced last month within the refreshed UK Corporate Governance Code (see: Share Incentives weekly highlights—25 January 2024— Corporate governance). The update also addresses...

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NEWS

In this issue Social housing Education Social care Children’s social care Healthcare Governance Planning Daily and weekly news alerts New and updated content New Q& A Social housing Correcting a mistake after appeal brought against wrong respondent ( South Oxfordshire DC v Fertre) Two local housing authorities, each covering its own area, shared premises and personnel. Ms Fertre applied to one authority for help under Part 7 of the Housing Act 1996. That authority found her ineligible, and a review maintained the decision. On the last day of the 21‑day appeal period, her solicitors issued a County Court appeal but mistakenly named the other authority as respondent. After a solicitor acting for both authorities identified the mistake, Ms Fertre sought to amend the appellant’s notice to substitute the correct respondent. The County Court judge permitted the amendment and granted permission to appeal. On the authorities’ appeal, the High Court upheld the judge’s ruling. Written by Ian...

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NEWS

In this issue: Banking and finance Commercial Competition and state aid Corporate Data protection and cybersecurity Environment Financial services IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers Banking and finance EU banking package: EBA consults on Pillar 3 disclosures and supervisory reporting requirements for operational risk The European Banking Authority ( EBA) has opened consultation on two draft implementing technical standards ( ITS) that would revise Pillar 3 disclosure obligations and supervisory reporting for operational risk. Feedback is invited by 30 April 2024. See: LNB News 20/02/2024 42. EU banking package: EBA consults on business indicator-related mandates in CRR3 The EBA is also seeking views on two sets of draft regulatory technical standards ( RTS) covering the components of the business indicator ( BI), together with a draft ITS...

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NEWS

In this issue Advertising, marketing and sponsorship Contracts E-commerce International Supply of services Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Advertising, marketing and sponsorship ASA rulings—21 February 2024 The Advertising Standards Authority reviewed a complaint about a paid Facebook ad for Happyo, a behaviour programme targeting individuals with ADHD. The ASA questioned whether the ad complied with the CAP Code and if it risked discouraging necessary ADHD treatment, and the complaint was upheld. See: LNB News 21/02/2024 50. Contracts Contractor was bound by cap in letter of intent ( CLS v WJG Evans) The Technology and Construction Court held that no formal construction contract was concluded for the development, leaving the parties operating under a letter of intent ( LOI). As a result, the...

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NEWS

In this issue: Liability defences Road traffic accidents Other PI and clinical negligence news Useful information Daily and weekly news alerts Liability defences Defence of illegality—ex turpi causa does not apply where a claimant was not guilty by reason of insanity In Lewis- Ranwell v G4S Health Services ( UK) Ltd [2024] EWCA Civ 138, the Court of Appeal conducted a comprehensive examination of the illegality defence in tort. By a majority decision—with Lady Justice Andrews dissenting—the court determined that ex turpi causa does not bar a negligence claim founded on conduct that would otherwise be ‘criminal’ (here, the claimant killed three individuals) where the criminal court has found the claimant not guilty by reason of insanity. See: Lewis- Ranwell v G4S Health Services ( UK) Ltd [2024] EWCA Civ 138......

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NEWS

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 What are the practical implications of the case? This ruling could mark a watershed for ADR, likely prompting a sharp rise in mediations and other ADR mechanisms across disputes. The Court stressed the need to temper any compulsion with parties’ rights under Article 6 of the European Convention on Human Rights, and underscored judicial discretion throughout the judgment, signalling balance rather than automatic coercion. Its application will turn on the facts of each dispute. How that discretion is exercised will be case by case and fact-sensitive. Although the soundness of the Council’s complaints scheme was not ultimately ruled upon, parties should note that where a clear route to ADR is overlooked, they will be expected to explain the omission to the Court. Parties who are both represented and comparably resourced, in...

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NEWS

In this issue Repairing obligations and dilapidations Enfranchisement and right to manage Residential tenancies Surrender Disputes and remedies Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Repairing obligations and dilapidations The Department for Levelling Up, Housing and Communities ( DLUHC) reports that Minister for Housing and Building Safety, Lee Rowley, met council chief executives to review steps taken against owners who have not remedied safety defects in medium and high-rise buildings. Rowley pressed councils to account for how the £8m provided by the DLUHC is being used to compel rogue building owners to tackle safety concerns. The DLUHC confirmed that owners who fail to advance remediation will face robust council...

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NEWS

EU developments ECB publishes range of articles on risk management and resilience topics The European Central Bank ( ECB) has issued a selection of articles, penned by members of its Supervisory Board, for the Euro Fi magazine......

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NEWS

In this issue: UK private actions UK market studies EU Foreign Subsidies Regulation EU mergers EU state aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK private actions CAT grants revised CPO against Meta for an alleged abuse of dominance The CAT handed down its decision in Dr Liza Lovdahl Gormsen v Meta Platforms, Inc. and Others, addressing a renewed application by the Proposed Class Representative for a collective proceedings order ( CPO) under section 47B of the Competition Act 1998, to pursue damages from Meta Platforms, Inc, Meta Platforms Ireland Limited and Facebook UK Limited (together, Meta). The Tribunal approved the updated CPO request. The initial collective action would have aggregated opt-out, stand-alone damages claims suffered by a class of UK Facebook users from February 2016 to...

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NEWS

In this issue: Key DR developments Claims and remedies Cross-border disputes Evidence and disclosure Settlement New content Dates for your diary Articles Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments Consultations and appointments CPRC launches consultation on access to court documents by non-parties The Civil Procedure Rule Committee ( CPRC) has opened a consultation on access to court documents by non-parties. It invites feedback on proposed draft changes to CPR 5.4C covering the provision of documents from court records to non-parties. The consultation closes on 8 April 2024—see: LNB News 19/02/2024 28— CPRC launches consultation on access to court documents... Michelle Crotty appointed new Chief Executive of the Judicial Office The Courts and Tribunals Judiciary ( CTJ) has confirmed the appointment of Michelle Crotty as Chief...

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Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

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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...

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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 ...

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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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