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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Manufacturers of 'smart' products placed on the UK market are set to shoulder a sizeable administrative workload and technical obstacles to satisfy new cybersecurity obligations due to commence in under three months, with parallel duties extending to importers and distributors, according to cybersecurity adviser, Bluman. Bluman made the remarks in advance of the PSTI regulations 2023 coming into force on 29 April 2024. The UK government is empowered to impose the regulations under the PSTI Act 2022. It has recently written to industry to highlight the looming compliance date and to publicise guidance issued to support those efforts. The regulations set out granular security standards for 'relevant connectable products'—a label covering a broad range of internet-connectable and network-connectable items, including 'internet of things' devices and software. The regime, among other measures, effectively prohibits universal default passwords on in-scope products, requires the...
Tyburn Film Productions Ltd v Broughton and others (transcript) [2023] EWHC 3247 ( Ch) What are the practical implications of this case? This case spotlights the difficulties surrounding the resurrection of deceased performers, especially the intricate web of contractual arrangements and the treatment of rights in their likeness after death. Given the novel legal issues arising on the facts—most notably unjust enrichment and performers’ rights—it is a paradigm instance of a dispute that should go to trial. Moreover, the requirement for comprehensive skeleton arguments and substantive oral submissions, in and of itself, underscores that an application of this sort raises complex issues unsuited to summary disposal. At trial, the court will have to grapple with the proper ambit of the Copyright and Related Rights Regulations and decide whether they are sufficiently expansive to encompass rights of resurrection. The dispute also promises to enrich the body of case law on...
Re FX Solutions Ltd (in liquidation), re Global FX.com Ltd (in liquidation); Lindsay v O’ Loughnane [2023] EWHC 2247 ( Ch) What are the practical implications of this case? This judgment makes no material addition to the legal landscape, nor does it meaningfully develop existing principles. Even so, it draws attention to three points that are too often missed in practice: a determined creditor may secure recovery where a liquidator cannot or will not act a creditor has standing to pursue a claim under IA 1986, s 212 IA 1986, s 212 disapplies any limitation period for actions involving fraud and for reclaiming trust property from a trustee What was the background? The companies’ business consisted of executing foreign exchange transactions. A engaged their services on several occasions as a returning customer. R2 served as managing director; his wife, R1, was likewise a...
Re Cineworld Group plc [2023] EWHC 3006 ( Ch) What are the practical implications of this case? The judgment provides a thorough analysis and timely reminder of the applicable jurisdictional gateways in paragraph 11 of Schedule B1 to the Insolvency Act 1986 ( IA 1986) for granting an administration order. In the context of a major global restructuring, it is noteworthy that Mr Justice Leech attached substantial weight to the observations of the US Bankruptcy Judge who had rigorously examined the Chapter 11 reorganisation plan, the depth of that review, and the plan’s backing from a large majority of creditors. The desirability of the plan’s success for both the US Bankruptcy Court and creditors globally materially influenced the application for an administration order. Where an administration application is pivotal to the effectiveness of a broader, cross‑border restructuring or...
Nvayo Ltd v Financial Conduct Authority [2024] UKUT 00035 ( TCC) What are the practical implications of the case? This decision will be valuable to practitioners aiming to secure a stay of an FCA supervisory notice that imposes requirements under the EMRs 2011 ( SI 2011/99), reg 11. Under reg 7 of the EMRs 2011, the FCA may, on authorising a firm, attach whatever requirements it considers appropriate. Read together, regs 7 and 11 permit the FCA to later impose further requirements on various grounds, including safeguarding consumers. The Upper Tribunal’s discretion to pause such requirements pending the substantive hearing is found in the UT Rules ( SI 2008/2698), r 5(5). The Tribunal may exercise that power only if satisfied that doing so would not prejudice: the interests of any persons (consumers, investors or otherwise) whom the notice is intended to protect the smooth...
On 9 February 2024, Europe’s General Court refused Byte Dance’s bid for interim relief that would have paused its designation while a substantive appeal proceeds. Byte Dance was named among the initial six firms identified by the European Commission as ‘gatekeepers’ under the EU DMA, obliged to meet enhanced duties intended to expand user choice and freedom. The regime compels gatekeeper platforms to inter-operate with smaller services in specified situations, bars a platform from privileging its own offerings, and requires greater transparency for business users, among other requirements. Byte Dance contended that complying with the designation could expose ‘highly strategic information’, yet the court concluded the company had not demonstrated a concrete risk of disclosure or that it would suffer irreparable harm if the designation stays in effect during its pending challenge. As a result, the designation continues to apply while the merits are...
Zuhri v Vardags Ltd [2023] Lexis Citation 1620 What are the practical implications of this case? This ruling affirms that, once a bill has been assessed under SA 1974, the operation of the one-fifth rule in SA 1974, s 70(9) is not ousted by Part 36 in relation to costs. Section 70(9) stipulates that the party chargeable with the bill bears the costs of the assessment unless the bill is cut by at least one-fifth. The costs judge accepted the previously expressed commentator view that SA 1974 is a self-contained scheme, complete with its own checks and balances, so the primary statute cannot be supplanted by the different regime in Part 36. The decision therefore supplies firm guidance for future disputes. A valid Part 36 offer may, in some situations, amount to 'special circumstances' capable of displacing the default position; however, this has no role where the...
The consultation focused on five policy areas: presentation of pricing information, hidden fees and drip pricing prohibiting bogus, misleading or deceptive reviews the function and responsibilities of online platforms and their professional diligence duties online interface orders further amendments to the list of commercial practices in all circumstances deemed unfair, and private redress, in the Digital Markets, Competition and Consumers Bill ( DMCC Bill) The government has now confirmed that it will be introducing some revisions to the DMCC Bill as it moves forward through the legislative process, although certain issues will be left for additional consideration. What are the key takeaways from the Government Response for traders selling goods and services to consumers? The government plans to legislate on fake reviews, drip pricing and unit pricing. Traders should reassess how they request and publish product reviews, and ensure that overall and unit...
Gatwick Investment Ltd and others v Liberty Mutual Europe SE and other cases [2024] EWHC 124 ( Comm) What are the practical implications of the case? This ruling is significant for those managing coronavirus BI claims. It builds on FCA v Arch [2021] UKSC 1, [2021] AC 649, Corbin & King v. Axa [2022] EWHC 409 ( Comm), Stonegate v MS Amlin [2022] EWHC 2548 ( Comm), and London EXCEL v RSA [2023] EWHC 1481, where the courts have sought to chart which policy wordings do or do not respond to coronavirus losses, and to define how such cover operates in practice. The judgment resolves many of the recurring Prevention of Access ( Non- Damage) questions, and supplies useful guidance on the operation of limits and the deduction of furlough payments, applicable to other coronavirus BI matters and more broadly. That direction is intended to be of...
Speaking on the evening of 8 February 2024, Bruce Carnegie- Brown criticised both protracted approvals procedures and hold-ups in properly confirming new executives as senior managers. The government has sought to build on the UK's exit from the EU by obliging regulators to more fully consider the supervision of markets against the impact on the UK financial system's relative competitiveness when measured against other overseas jurisdictions......
Carryl v Governing Body of Manford Primary School [2023] EAT 167 What are the practical implications of this judgment? If an employment tribunal proposes to impose a deposit order on the basis that a claim or response has scant reasonable prospects of success, it is required to make sensible enquiries into the paying party’s means to meet the deposit. The judgment clarifies the methodology tribunals should adopt when considering such orders, and, as a result, indicates avenues on which representatives may effectively challenge a deposit order on appeal......
Mergers The CMA confirmed it has lifted the initial enforcement order made on 28 November 2023 concerning the completed takeover of Lloyds Direct by Pharmacy2U—see further, the case page. Note— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker. Upcoming dates: For dates of forthcoming UK competition developments, see further, the UK Competition calendar......
Mergers The Commission has been notified of: Onex/ R& Q Accredited ( M.11376) – simplified merger procedure Kingspan/ NWG ( M.11309) – normal merger procedure An appeal has been filed with the General Court in Case T‑1190/23, Illumina v Commission, seeking annulment of the 12 October 2023 decision imposing restorative (divestment and transitional) measures in M.10939, requiring Illumina to unwind its completed acquisition of GRAIL following the prohibition decision—see the application Note— For all live merger investigations before the Commission, see the EU mergers—ongoing cases tracker Antitrust An appeal has been lodged before the General Court in Case T‑1152/23, Servier and Others v Commission, contesting the Commission’s failure to pay the Default Interest Amount Payable and the Compound Interest Amount Payable as...
The High Court found that Spectrum Insurance Services Ltd had undertaken to The Motoring Organisation Ltd not to profit from an opportunity to supply cover to Ssang Yong dealerships in the UK until any merger between Spectrum and TMO had completed. On liability, Judge Simon Birt KC held that Spectrum breached contract, fiduciary obligations and confidence by advancing the Ssang Yong prospect while talks over a potential merger with TMO were ongoing in late 2018, which did not proceed and never went ahead at all......
Bouchier and another v Booth and another [2023] EWHC 3195 ( Ch) What are the practical implications of this case? This ruling does not alter the law, yet it demonstrates how to establish a claim for fraudulent trading under IA 1986, s 213, as well as a claim for fraudulent breach of directors’ duties under CA 2006, s 172. Its careful analysis of fraud and dishonesty in the insolvency context provides a practical framework for practitioners navigating a challenging area. Intention to defraud contains both subjective and objective components (see paras [24]–[25]). There is no statutory definition of ‘carrying on business with intent to defraud’; however, an applicant need not prove the respondent intended another to suffer an ultimate, actual loss (see para [26]). IA 1986, s 213 should be given a broad construction (see paras [27]–[30]). Not every instance of...
Guy and other companies v Brake and others [2023] EWHC 3179 ( Ch), [2024] All ER ( D) 19 ( Jan) What are the practical implications of this case? The court retains a discretion over whether to make any order as to costs at all. It is relatively common for the court to be unable to identify which side has succeeded; for example, where the parties have reached a settlement, or subsequent developments make it pointless to continue with the application or the litigation (as was the position on these facts). This judgment sets out a useful summary of the principles applicable in these circumstances......
What was the background to the DWP’s consultation and what was proposed? The PSA 2021 placed a duty on trustees of defined benefit ( DB) schemes to set out a long-term approach for delivering benefits under the scheme — a funding and investment strategy — and to produce a written statement explaining that approach. The central concept behind the new funding rules is that, by the point a scheme attains ‘significant maturity’, it should exhibit ‘low dependency’ on the employer. Low dependency indicates the scheme holds sufficient assets to cover accrued benefits and, in reasonably foreseeable scenarios, is not expected to require further employer contributions. To deliver this, trustees must decide on a strategy that ensures, by and after the ‘relevant date’: scheme assets are invested in line with a low dependency investment allocation the scheme is fully funded on a low...
In addition to the stories covered in full in the Financial Services news feed on 12 February 2024 Subscribers may wish to note the following additional developments: OJ: Case C-231/23, Eurobank Bulgaria — Order of the Court ( Ninth Chamber) of 18 December 2023 (request for a preliminary ruling lodged by the Sofiyski rayonen sad — Bulgaria) — ‘ Eurobank Bulgaria’ AD (reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — questions whose answers may clearly be inferred from the Court’s established case-law — consumer protection)......
Original news LMA publishes second edition of external review guidance on green, social and SLLs— LNB News 25/01/2024 79 The LMA has issued the second edition of the ‘ External Review Guidance for Green, Social and Sustainability-linked Loans ( SLLs)’, created in partnership with the Asia Pacific Loan Market Association and the Loan Syndications and Trading Association. This refreshed guidance sets out the prevalent forms of external review across the loan market and aims to spur greater liquidity in sustainable finance. What are the headline differences between the 2022 Guidance and the 2024 Guidance—in summary?......
Messenex Property Investments Ltd v Lanark Square Ltd [2024] EWHC 89 ( Ch) What are the practical implications of this case? This decision delivers a helpful restatement of the principles to apply when assessing a request for consent under a lease, which landlords, tenants and their advisers should bear in mind. In this matter, the tenant’s proposals, for which permission was being sought, evolved over time. The judge was required to determine precisely which applications had actually been made to the landlord pursuant to the lease, and whether the nature of an application could shift through exchanges between the parties’ transactional solicitors. Practitioners acting for tenants should accordingly keep under review whether a fresh request for consent ought to be submitted to the landlord if the proposals undergo a material change. Where a landlord refuses consent, the grounds must reflect the...
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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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