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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The Joint Committee on Finance, Public Expenditure and Reform On 15 February 2024, the Joint Committee on Finance, Public Expenditure and Reform, in a report, backed moves to simplify EU tax systems but insisted such initiatives must yield advantages that exceed any costs and added complexity. In its recommendation, the committee stated that Ireland's position remains that direct taxation is a competence of EU member states under the treaties, and that tax harmonisation runs counter to this tenet. The committee sent its recommendation to houses of the Irish parliament—the Dáil and the Seanad—asking them to submit to the European Commission a protest, termed a reasoned opinion. A parliamentary press officer said houses supported the recommendation without debate as advised by committee......
Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) Through the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), reforms have taken hold, shifting corporate fault from the old ‘directing mind and will’ test to a ‘senior manager’ benchmark. Sara Lawson KC confirmed that the SFO is actively weighing adjustments to the identification principle, which permits the agency to attribute criminal responsibility to companies for individuals’ misconduct. Addressing a white-collar defence gathering in London, Lawson described the changes — which make it easier for prosecutors to pursue companies for economic crimes — as 'a very nice Christmas present for us'. Although the application of the revised threshold is expected to face court challenges, the measures 'should have a huge effect for us', she added. The ECCTA 2023 displaces the long-established approach with the new senior manager model for corporate...
Mergers The Commission received notifications for: Mitsui/ Osaka Gas/ RWE KK/ JV ( M.11475) – simplified procedure; BNP Paribas Cardif/ BCC Vita ( M.11402) – simplified procedure; KKR/ Veritas/ Cotiviti ( M.11454) – simplified procedure. Note— For all live merger investigations, see further, EU mergers—ongoing cases tracker. State aid New appeals before the Court of Justice: C‑126/24 Uno v Commission and Others, appealing T‑514/20 on SA.50872 ( Spanish compensation to Correos for its USO, 2011–2020) found not to be unlawful aid; C‑124/24 P Asempre v Commission, appealing T‑513/20 on the same decision. Application published in C‑747/23 Duferrco Italia Holding and Duferco Sertubi, a reference from Italy on whether a measure under national law can be ‘aid’ under Articles 107–108 TFEU—see further, application. New action before the General Court: T‑1145/23 Huhtamaki Holding v Commission, challenging refusal of access to a State aid case...
The Association of British Insurers noted that annuity purchases rose by 46% compared with the 2022 amount of £3.36bn, reaching the strongest sales level in a decade. Annuity contracts, which provide a guaranteed retirement income, become more appealing as interest rates move higher, with rising rates boosting attractiveness of these deals......
Private actions On 8 February 2024, the CAT issued an order in Michael O’ Higgins FX Class Representative Limited v Barclays Bank PLC and Others. The application, brought by Michael O’ Higgins FX Class Representative Limited, sought to begin collective proceedings under section 47B of the Competition Act 1998, linked to two separate European Commission decisions relating to Foreign exchange spot trading ( AT.40135). By that order, the CAT brought the application for a collective proceedings order to an end—see further, order. For all live UK private actions that have been made public, see UK private actions—ongoing cases tracker. Upcoming dates: for the timetable of UK competition developments, see UK Competition calendar......
The Platform Work Directive Put forward in 2021, the Platform Work Directive would set the first EU‑wide standards for algorithmic oversight and the application of artificial intelligence at work. It would bar platforms from handling specific categories of personal data, including an individual’s beliefs, private communications with colleagues, or information gathered when the worker is not on duty. Although a political deal was reached on 13 December 2023, a coalition of countries led by France rejected the measure in a vote on 22 December 2023. Backing still fell short even after Belgium, which is chairing the negotiations, moved to dilute the text. Belgium removed EU‑wide benchmarks for distinguishing when an independent......
What are the practical implications of this case? This decision offers pragmatic guidance for respondents facing permission-to-appeal applications, clarifying how and when to apply for conditions to be attached to any grant of permission, with emphasis on timing and procedural steps. That element of the ruling holds broad relevance for civil practitioners and is apt to inform day-to-day case management. It also carries specific significance for arbitration specialists, as it underscores the hurdles in attempting to condition the ability of states—especially EU members—to pursue appeals from orders of the English Courts concerning arbitration awards made against them. What was the background? An ICSID tribunal made an Award of €120,083,287.88 against Spain for losses sustained by the claimants on investments in Spanish solar power installations. In May 2023, Mr Justice Fraser rejected Spain’s application to set aside an order of Mrs Justice Cockerill, which had...
International Skating Union v Commission Case C-124/21 P What are the practical implications of this case? The ISU ruling underscores that, under EU law, arbitral awards resolving EU competition questions must be open to scrutiny by EU State courts, which have the power to refer interpretative questions of EU law to the Court of Justice. Dispensing with such review is liable to entrench primary infringements of EU competition law, especially where an arbitration clause has not been freely bargained for but is imposed through general rules. In consequence of the judgment, the ISU and other sporting organisations may need to revisit and refine the drafting of their mandatory CAS arbitration arrangements, to the extent they purport to govern disputes that raise EU competition law issues. The same holds for arbitration agreements between private parties wherever there is a real prospect that disputes arising between them could...
The University of Bristol v Dr Robert Abrahart ( Administrator of the estate of Natasha Abrahart, deceased) ( Equality and Human Rights Commission intervening) [2024] EWHC 299 ( KB) What are the practical implications of this case? Although the duty of care issue was not determined, the court’s ruling unmistakably aligns with the arguments advanced by Natasha’s family. It acts as a clear prompt for universities to revisit their policies and procedures, ensuring they are rigorous and genuinely effective, particularly where students have identified mental health conditions. Mr Justice Linden’s judgment invites further debate about the scope of universities’ obligations—potentially reaching into how investigations are conducted and the safeguarding of those involved. The case has also energised a campaign urging government to introduce a statutory duty of care owed by universities to their students. Yet, unless and until such a measure is enacted, this High Court...
In addition to the stories covered in full in the Financial Services news feed on 16 February 2024 Subscribers may wish to note the following further developments: FMSB unveils ACCA special report: Risk cultures and banking: where next? Council of the EU: Directive of the European Parliament and of the Council amending Directives 2011/61/ EU and 2009/65/ EC......
What are GPAI models? The EU Artificial Intelligence Act ( EU AI Act) primarily targets AI systems, especially those labelled high-risk. This stems from the EU’s risk-based methodology adopted by the EU. In its final form, the EU AI Act also expressly brings general purpose AI ( GPAI) models within the scope of regulation. Although AI models are vital building blocks of AI systems, they are not, by themselves, AI systems at all. In essence, a model comprises large collections of parameters—sometimes running into billions—that can be applied to input data to generate an output. To operate as an AI system, additional components are required, for example a software interface. Under the EU AI Act, GPAI models are described as models showing broad output generality and able to address a wide range of distinct tasks. Frequently, these models will often have been trained on large...
The Association of Consumer Support Organisations ( ACSO) said insurers have sought to portray the rise in such personal injury claims as an epidemic, yet, it added, the underlying fall in overall claims has skewed the narrative and distorted the overall picture. The trade body collated figures from three medical reporting organisations, which showed a much smaller rise than the figures put forward by insurers, contradicting their claims of an epidemic. According to Matthew Maxwell Scott, executive director of ACSO, the medical data shows a more prosaic reality, attributable to the tariff’s impact and significant drops in minor claims since 2021 in this area. The UK Supreme Court will hear an appeal on 13 February 2024 in the case of Charlotte Victoria Hassam and another v Yoann Samuel Rabot and others......
Liquidators for Trafalgar Multi- Asset Trading Co Ltd, in an amended claim lodged on 7 February 2024, report they have recovered £1.9m of nearly £6m sought from D& A Nominees Ltd, which served as director to the purported sham investment entity Momentum Property Partners. According to the liquidators, the £1.9m was obtained in September 2023 via connected, confidential proceedings, the liquidators said. Their case against D& A revolves around assertions that D& A failed to identify Momentum’s issuance of £6m in loan notes to Trafalgar, and then did not return Trafalgar’s funds after they were paid into a Momentum bank account controlled by fraudster James Hadley, as set out in amended claim......
From 17 February 2024, the DSA, the EU’s flagship rulebook designed to make the online environment safer, fairer and more transparent, starts applying to all online intermediaries in the EU. With the DSA in force, people in the EU gain stronger protection from unlawful goods and content, and their rights are safeguarded on online platforms where they connect with other users, interact, exchange information, or purchase products. New responsibilities for platforms and empowered users All online platforms serving users in the EU, except small and micro enterprises employing fewer than 50 persons and with an annual turnover under €10m, must implement measures to: Counter illegal content, goods and services: online platforms must give users ways to flag unlawful content, including goods and services, on their services. Work with 'trusted flaggers': specialised entities whose notices must be given priority treatment by...
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Post- Brexit transition guidance Editor's picks—the practice area/sector view New and updated Brexit related content Latest Q& A Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section sets out the principal, overarching Brexit news updates. ESC publishes fifth Report of Session 2023–2024 The European Scrutiny Committee ( ESC) has released its fifth report for the 2023–2024 Session. At its 7 February 2024 meeting, the ESC reviewed Windsor Framework papers from the Department for Environment, Food & Rural Affairs ( DEFRA) on formaldehyde and revisions to EU Registration, Evaluation, Authorisation and Restriction of Chemicals ( REACH) rules. It also considered Trade and Cooperation Agreement documents from the Foreign, Commonwealth & Development Office ( FCDO) regarding electric...
Z v Commerzbank and others [2024] EAT 11 What are the practical implications of this judgment? Practitioners advising on matters involving allegations of a sexual offence should take note of this decision, and in particular its reading of SO( A) A 1992, s 1(1), which imposes a lifelong bar on publication of material likely to lead members of the public to identify the alleged victim of certain sexual offences. The EAT ruled that, for the SO( A) A 1992 protection to arise, there must be a formal allegation within the context of potential criminal proceedings where a charge for the relevant sexual offence could be pursued (e.g. a complaint to the police). Consequently, raising such an allegation in employment tribunal proceedings alone (as occurred here) does not secure that...
Meta Platforms' Irish court challenge against enforcement over EU- US data transfers Meta Platforms’ legal bid in Ireland contesting enforcement actions tied to EU- US data transfers will include the participation of renowned activist Max Schrems, the original complainant. The Austrian privacy advocate, who has twice toppled EU- US data transfer accords, received leave on 13 February 2024 to take part in Meta’s Irish High Court appeal......
The horticultural firm, Jersey Choice Ltd, had earlier relied on the UK’s low-value consignment relief scheme, which spared items priced under £15 from import VAT, when supplying its goods to the UK by mail order. However, in 2012, the UK enacted legislation removing this relief for mail-order consignments originating in the Channel Islands, Jersey and Guernsey, a change the company argued contravened EU law, according to the court in its decision when rejecting the appeal......
Foreign Subsidies Regulation Commission opens first in-depth investigation under the Foreign Subsidies Regulation The Commission has revealed the launch of its inaugural in-depth inquiry under the Foreign Subsidies Regulation ( EU) 2022/2560 (the FSR). This regime sets out a suite of rules designed to remedy distortions stemming from foreign subsidies, including notification requirements (effective since 12 October 2023) relating to specified concentrations as well as involvement in public procurement procedures that feature foreign financial contributions within the EU. They operate to address distortions caused by foreign subsidies. In particular, companies are obliged to notify their EU public procurement tenders when the expected contract value exceeds €250m, and where the company has been awarded at least €4m in foreign financial contributions from at least one third country within the three years preceding notification......
What is the scope of the Bill and which are the key provisions in the Bill which are of relevance to corporate crime lawyers? The Bill spans an unusually broad remit, addressing multiple strands of governmental policy. A large share of its proposals do not concern economic or corporate offending—for instance, clauses aimed at tackling ‘nuisance’ begging and broadening offences linked to encouraging or aiding self-harm. Even so, it also advances several reforms of relevance to corporate crime practitioners, some of which are of pivotal importance for corporate crime lawyers especially......
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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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