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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Iconix Luxembourg Holdings Sarl v Dream Pairs Europe Inc and another company [2024] EWCA Civ 29 What are the practical implications of this case? This judgment matters to practitioners in two respects. First, it offers clear direction on how to evaluate the likelihood of confusion: look at how the trade marks are encountered in the real world. The Court of Appeal cautioned against the common trap of assessing marks only on paper without considering their presentation to the public post-sale confusion constitutes trade mark infringement. Arnold LJ set this out in Datacard v Eagle and, as he explained in Montres Breguet, it is now an established element of UK trade mark law for logos, where a logo functions as a single sign, assessment must address the sign in its entirety, without carving out parts or altering its overall...
Mergers The Commission authorised the takeover of joint control of V Sports SCS by A- AV LLC, NNS UK Investments and Aston Villa Investors LLC ( M.11438) following a phase I review—see further, Midday Express The Commission has received notifications for: Clearlake/ Insight/ Alteryx ( M.11440) (simplified merger procedure) Ultima/ BTB ( M.11405) (simplified merger procedure) MSD Hospitality/ ARC Capital/ Auberge Resorts ( M.11483) (simplified merger procedure) Mytilineos/ Volterra ( M.11395) (simplified merger procedure) NOTE— For all ongoing merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission, under the EU State aid rules, approved a scheme (worth up to €6.9bn) notified by seven Member States ( France,...
In this issue: Energy efficiency and buildings ESG and sustainability Hazardous substances and chemicals Health and safety Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Energy efficiency and buildings Better Buildings Partnership ( BBP) launches refreshed Green Lease Toolkit to start 2024. On 29 January 2024, the BBP released an enhanced, updated edition of its Green Lease Toolkit, open to all at no cost, free of charge. Cheryl Gurnham, partner at CMS Cameron Mc Kenna Nabarro Olswang LLP, together with Warren Gordon, senior professional support lawyer at CMS, share insights addressing frequently raised queries and concerns. See News Analysis: Better Buildings Partnership ( BBP) unveils revitalised Green Lease Toolkit to kickstart 2024. ESG and...
PI & Clinical Negligence weekly highlights—15 February 2024 In this issue: Road traffic accidents Clinical negligence Costs Court and the legal profession Other PI and clinical negligence news Daily and weekly news alerts Useful information New Q& As Road traffic accidents Pure economic loss and remoteness In Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the Supreme Court held that a bailee’s possessory interest in goods is sufficient to found a claim against a third party whose negligence damages those goods. The appeal succeeded: a car-hirer was entitled to sue the negligent third party in tort to recover the contractual daily loss-of-use sum owed to the vehicle owner (the bailor, hire company) arising from the damage. The court also issued succinct guidance on core principles governing negligence claims for harm to tangible property, and on the...
In this issue: Lease covenants and obligations Surrender Contractual matters Disputes and redress Repair duties and dilapidations Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Further property disputes updates Daily and weekly news bulletins Dates for your diary Trackers Latest Q& As Lease covenants and obligations Statements of case; unreasonable refusal of consent ( Jacobs v Chalcot Crescent ( Management) Company Ltd) In Jacobs v Chalcot Crescent ( Management) Company Ltd [2024] EWHC 259 ( Ch), [2024] All ER ( D) 63 ( Feb), the High Court upheld the appeal after a four-day trial in the Mayors and City of London Court. Reaffirming the significance of pleadings, Mr Justice Fancourt concluded that the trial judge had erred by resolving the matter against the claimant on a basis that had not been pleaded......
In this issue: Statutory compliance Environment, energy and buildings Property development Property management Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Statutory compliance In Triathlon Homes LLP v Stratford Village Development Partnership [2024] UKFTT 26 ( PC), the First-tier Tribunal ( FTT) offered guidance on applying the ‘just and equitable’ criterion to Remediation Contribution Orders under section 124 of the Building Safety Act 2022 ( BSA 2022). For further analysis by Andrew Butler KC, Tanfield Chambers, London, see: Building Safety Act 2022 ( Remediation contribution orders) ‘just and equitable’ test ( Triathlon Homes LLP v Stratford Village Development Partnership and others). The Law Society has issued a guide for conveyancers on the BSA 2022, prepared with government and industry in...
In this issue: Free trade agreements Anti-dumping WTO Customs Daily and weekly news alerts New and updated content Free trade agreements DBT confirms UK- Nigeria economic partnership The Department for Business and Trade ( DBT) has announced that the UK will sign the Enhanced Trade and Investment Partnership ( ETIP) with Nigeria to boost trade and investment, opening up fresh opportunities for UK and Nigerian businesses across a range of sectors, including financial and legal. This ETIP will be the first the UK has signed with an African country and is intended to build on the UK and Nigeria’s already thriving trading ties, which reached £7bn between January and September 2023. See: LNB News 13/02/2024 49......
In this issue: Building Safety Adjudication Litigation Collateral Warranties Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building Safety Building Safety Act 2022 ( Remediation contribution orders) ‘just and equitable’ test ( Triathlon Homes LLP v Stratford Village Development Partnership and others) In Triathlon Homes LLP v Stratford Village Development Partnership and others [2024] UKFTT 26 ( PC), the First-tier Tribunal ( FTT) offered guidance on how the ‘just and equitable’ test should be applied to Remediation Contribution Orders under BSA 2022, s 124. Authored by Andrew Butler KC, barrister at Tanfield Chambers, London. See News Analysis: Building Safety Act 2022 ( Remediation contribution orders) ‘just and equitable’ test ( Triathlon Homes LLP v Stratford Village Development Partnership and others). HSE publishes BSR register of higher-risk buildings The HSE has released details from the BSR’s...
Private actions CAT grants revised CPO against Meta for an alleged abuse of dominance The CAT has handed down its judgment in Dr Liza Lovdahl Gormsen v Meta Platforms, Inc and Others, dealing with a renewed application by Dr Lize Lovdahl (the Proposed Class Representative) for a collective proceedings order ( CPO) under section 47B of the Competition Act 1998, seeking damages from Meta Platforms, Inc, Meta Platforms Ireland Limited and Facebook UK Limited (together, Meta)......
On 1 February 2024, the ICO stated it had given approval to the legal services operational privacy certification scheme, referred to as LOCS:23. The programme is intended to support the legal profession in evidencing adherence to data protection standards whenever law firms handle clients’ personal information. According to Emily Keaney, the ICO’s deputy commissioner, providers of legal services handle significant quantities of sensitive personal data. Choosing to join the new certification scheme, she added, will help to reassure clients that firms are committed to safeguarding their personal details and have robust information security arrangements in place. This certification scheme is the fifth set of certification criteria the ICO has approved since such criteria were first introduced under the UK General Data Protection Regulation ( UK GDPR), which brings elements of the EU’s GDPR into UK law. The UK data...
In this issue: Key R& I law developments Restructuring Insolvency litigation Corporate insolvency processes Directors and insolvency R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals Key R& I law developments Insolvency Service publishes January 2024 enforcement outcomes management information The Insolvency Service has updated its enforcement outcomes management information tables with January 2024 data. The figures show 111 director disqualifications and 12 bankruptcy and debt relief order restrictions that month, following enforcement by the Insolvency Service. See: LNB News 12/02/2024 32. Restructuring Adler appeal—restructuring plan sanction order overturned ( Re AGPS Bondco plc) This decision concerns a successful appeal against a sanctioned restructuring plan. A German property group proposed a plan to allow an orderly wind-down (the Plan). The sanction hearing saw the first fully contested valuation challenge under the plan...
In this issue: Brexit headlines Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines ESC publishes fifth Report of Session 2023–2024 The European Scrutiny Committee ( ESC) has released its fifth Report for Session 2023–2024, covering items considered at that meeting too. At its 13 December 2023 meeting, the ESC reviewed Windsor Framework material from the Department for Environment, Food & Rural Affairs ( DEFRA) on formaldehyde and legislative changes to EU Registration, Evaluation, Authorisation and Restriction of Chemicals ( REACH) rules. The Committee also examined Trade and Cooperation Agreement papers from the Foreign, Commonwealth & Development Office ( FCDO) concerning electric accumulators and electrified vehicles. See: LNB News 14/02/2024 27. Brexit SIs Railways ( Revocation and Consequential Provision) Regulations 2024 SI...
In this issue: Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Data protection Other Practice Compliance updates this week Question of the week Daily and weekly news alerts New and updated content Trackers Latest Q& A Financial sanctions OFSI reports on Russia Regime reporting requirements for designated persons The Office of Financial Sanctions Implementation ( OFSI) has published a blog outlining two reporting obligations that took effect in December 2023 under the Russia ( Sanctions) ( EU Exit) ( Amendment) ( No 4) Regulations 2023, SI 2023/1364. These measures were brought in to enhance transparency around frozen assets in the UK and to help HM Treasury oversee compliance with, and detect evasion of, financial sanctions. The ‘immobilised assets reporting measure’ obliges firms to notify OFSI of any funds or economic resources they hold for the...
Ephgrave, formerly an assistant commissioner at the Metropolitan Police, has set in motion three investigations and overseen a number of arrests since replacing ex-director Lisa Osofsky in September 2023. Yet his remarks on 13 February 2024 at the Royal United Services Institute mark the first real sign of how his five-year tenure as director will unfold. Here, Law360 unpicks his first public address to identify his priorities and the direction of travel for the SFO under his stewardship. Faster, quicker, bolder It was close to a warning for the dozens of defence solicitors present: expect the SFO to force more doors, Ephgrave indicated. His logic was simple—swift action builds momentum, gets people into interview rooms, lets investigators meet their gaze and ask hard questions, apply pressure, search homes and crack the evidence; why wait? He vowed the SFO would be ‘faster’, ‘quicker’, ‘bolder’ and ‘more...
See Q& A: Must the full shareholding, regardless of share class, be taken into account to accurately establish beneficial ownership under the Money Laundering Regulations 2017, SI 2017/692, as amended? Determining beneficial ownership The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, place duties on firms to conduct client due diligence ( CDD) regarding beneficial owners. Where the client is a legal person, trust, company, foundation or comparable legal arrangement, firms must take reasonable steps to comprehend the ownership and control framework of that legal person, trust, company, foundation or comparable legal arrangement. If another person beneficially owns the client, you have three duties to fulfil: identify who the beneficial owner is take reasonable measures to verify the beneficial owner’s identity so you are confident you know who they are where the...
This judgment underscores that any UK GDPR exemptions must accord with Article 23 of the Retained Regulation ( EU) 2016/679. That provision aligns with the constitutional ‘rule of law’, meaning departures from fundamental rights must be precisely framed, legally binding, and sanctioned by Parliament. Because the government’s intended immigration exemption policy did not satisfy those criteria, the exemption was unlawful. R (on the application of The 3million and another) v Secretary of State for the Home Department and others [2023] EWCA Civ 1474 What are the practical implications of this case? Policy This decision is significant beyond data protection and immigration, as it shows the court’s exacting stance when the government seeks to rely on a policy document (here, the ‘ Immigration Exemption Policy Document’ or IEPD) as a safeguard to justify and lessen interference with a fundamental right, rather than putting binding...
In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Webinars New Law Journal Daily and weekly news alerts New and updated content Arbitration in England & Wales High Court—refusal to grant leave to appeal— USD$11bn award set aside Described as ‘the most significant case on international arbitration to be heard in London for many years’, Republic of Nigeria v P& ID [2023] EWHC 3320 ( Comm) follows the 23 October 2023 ruling, which found that the Award on Liability and the Final Award (together, the ‘ Awards’) for US$11bn in P& ID’s favour were the product of fraud and offended public policy. In this decision, the court refused P& ID leave to appeal and held the Awards should be set aside. Debate over leave focused on alleged judicial errors, including findings under section 68(2)(g) of the Arbitration Act 1996 and section 73. P& ID also advanced five...
A former Goldman Sachs banker has been found guilty on six counts of insider dealing and three of fraud by false representation. At Southwark Crown Court, 35-year-old Mohammed Zina was convicted of exploiting inside information to execute trades and make more than £140,000 ( US$176,000) from shares in six companies between July 2016 and November 2017. After five days of deliberation, jurors returned unanimous verdicts on the six insider dealing counts and three for fraud by false representation. His elder brother, Suhail, a former Clifford Chance solicitor, was acquitted of similar allegations at the same court on 5 February 2024. Zina, smartly dressed in a black suit, held his head in his hands as the jury delivered their decisions. Judge Tony Baumgartner remanded him in custody ahead of sentencing on 9 February 2024 at Southwark Crown Court......
In this issue: Sustainable finance and ESG round–up UK and international sanctions Sustainable finance Debt capital markets Derivatives Restructuring Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round–up Sustainable finance and ESG weekly round–up For a summary of this week’s Sustainable finance and ESG developments, see: Sustainable finance and ESG weekly round‑up—15 February 2024. UK and international sanctions Council of the EU adopts decision on CSDs holding Central Bank of Russia assets The Council of the European Union has adopted a decision and a regulation clarifying the duties of central securities depositories ( CSDs) that hold assets and reserves of the Central Bank of Russia ( CBR) immobilised by EU restrictive measures. CSDs with more than €1m of CBR assets must record the extraordinary cash balances accruing due to these measures separately, and likewise segregate the related revenues. In addition, CSDs are prohibited from disposing of the resulting net profits. These...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts E-commerce Intellectual property International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—14 February 2024 Complaints were lodged with the Advertising Standards Authority ( ASA) about four X (formerly Twitter) posts from three Supreme CBD accounts. The posts were not clearly signposted as marketing communications, failed to make their promotional nature apparent, and included both explicit and implied assertions that Supreme CBD products could alleviate anxiety and insomnia, and prevent, treat or cure disease. The ASA upheld the complaints. See: LNB News 14/02/2024 35. IAB Tech Lab releases analysis of Google’s Privacy Sandbox The IAB Technology Laboratory ( Tech Lab) has published its assessment of Google’s plan to remove third-party cookie tracking from Chrome and replace it with the Privacy Sandbox. The assessment found that implementing the Privacy Sandbox raises significant issues, including...
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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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