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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Sean Pong Tyres v Moore [2024] EAT 1 What are the practical implications of this judgment? This judgment addresses a novel issue about the reach of the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006) where an employee brings a claim under the Equality Act 2010 ( Eq A 2010) for harassment against their employer, and, after the acts complained of, there is a TUPE transfer. Under that transfer, the alleged individual employee perpetrator — potentially answerable to the claimant under Eq A 2010, s 110(1) — moves to the new employer (the transferee), yet the claimant’s own employment does not transfer. The practical takeaway for practitioners is the tribunal’s conclusion that the transferor employer’s primary liability to its employee for that harassment does not pass to the transferee employer if the claimant’s employment fails to transfer for reasons that are not...
Original vendor can release restrictive covenants ( Mackenzie v Cheung & another) An additional contention advanced by the appellant—that the vendors’ use of the power constituted a derogation from grant—was likewise dismissed. Relying on Earl of Plymouth v Rees [2020] EWCA Civ 816, the Court of Appeal held that exercising a right embedded within the conveyance cannot amount to a derogation from grant. That conclusion followed from the fact the right formed part of the conveyance itself. The effect is to narrow the scope of that doctrine in relation to freehold covenants. Written by Carl Fain and Richard Miller, barristers at Tanfield Chambers. Mackenzie v Cheung & another [2024] EWCA Civ 13 What are the practical implications of this case? When a landowner enjoys the benefit of a restrictive covenant, and the conveyance is clearly and appropriately drafted to allow the original vendor, or another party...
Mergers The Commission has approved: the purchase of Vantage NA Data Centre Assets by Silver Lake and Digital Bridge ( M.11434) following a phase I review — see further, Midday Express; the establishment of a joint venture by MC, DTHAG and MMC ( M.11424) after a phase I review — see further, Midday Express. NOTE — For all live merger probes before the Commission, see further, EU mergers — ongoing cases tracker. State aid The Commission has launched an in-depth inquiry to assess whether the changes France plans to make to Corsair’s amended restructuring plan are compatible with EU state aid rules — see further, Midday Express. NOTE — For all live State aid decisions and ongoing formal State aid investigations, see further, EU State aid decisions — ongoing cases tracker. Competition policy The opinion of the European Economic and Social Committee on the European...
Mergers The CMA opened a Phase 1 probe into Spread Ex Limited’s completed purchase of Sporting Index Limited’s B2C arm—see case page. The CMA began a Phase 1 review of Theramex HQ UK Limited’s acquisition of rights to Viatris Inc’s Femoston and Duphaston—see case page. The CMA accepted undertakings in lieu of a Phase 2 reference for Wolseley UK Limited’s anticipated takeover of Kooltech Limited—see case page. NOTE— For live CMA mergers, see the UK mergers—ongoing tracker. Private actions In ruling on rival opt-out applications, the CAT decided Robert Hammond’s collective action against Amazon should proceed ahead of Julie Hunter’s. Both standalone claims seek damages for alleged abuse of dominance relating to Amazon’s intermediation services for online marketplaces. On the preliminary “carriage dispute”, the CAT unanimously preferred Mr Hammond as proposed class representative. Ms Hunter’s case is stayed, but may revive if Mr...
What does the Market Standards Trend Report cover? This Market Standards Trend Report looks at voluntary disclosure of ethnicity pay gaps, analysing how reporting on ethnicity pay gaps has been approached by a sample of 245 FTSE 350 companies......
The Solicitors Disciplinary Tribunal ( SDT) The Solicitors Disciplinary Tribunal ruled that Michael Little’s 2018 conviction for a tax evasion scheme meant he should no longer be permitted to practise in England. He was found guilty of assisting the heirs of investor Harry Seggerman to avoid paying tax on US$14m in inheritance. Tribunal chair Carolyn Evans stated that every allegation was proven and featured the aggravating element of dishonesty. A New York jury convicted Little on 19 criminal counts. The counts included obstructing the IRS, conspiracy, aiding the Seggerman family to submit years of false returns, as well as failing to file any such reports of......
Envoys for the EU’s national governments signed off on the final text of the legislation at a meeting today, according to a Belgian government spokesperson, whose office represents the EU governments in the talks. The agreement was 'unanimously confirmed', the spokesperson noted today. The approval follows weeks of intense speculation that France intended to assemble a coalition of countries to oppose it in the vote. France, together with Germany and Italy, had earlier flagged worries in the negotiations about rules for foundation models. However, Germany’s digital minister, Volker Wissing, said earlier this week he is now ready to accept the law after changes designed to protect small businesses. That choice by Germany made it markedly harder for France to block the law at the meeting held today. The law will be the first standalone AI statute, hailed widely by EU lawmakers as proof of the...
A newer, though less widely known, idea is ‘bluewashing’. Whereas greenwashing centres on environmental claims, bluewashing relates to social matters such as modern slavery, labour practices and corporate diversity. It describes instances in which a business leverages affiliation or participation in a corporate social responsibility ( CSR) scheme to mask the reality that it is not applying those standards itself. In practice, numerous corporates treat ESG memberships as a tick-box tactic to win customers, without embedding the underlying principles internally. This piece will explore bluewashing further and highlight warning signs to consider. United Nations Global Compact ( UNGC) A prominent illustration of bluewashing emerged around the launch of the UNGC. Often, such signalling diverts attention from the absence of genuine change behind the scenes within their own operations......
From 17 February 2024, providers of intermediary services—such as cloud and file‑sharing services, search engines, social networks and online marketplaces—come within scope of the EU Digital Services Act ( EU DSA). These organisations must meet a suite of duties, including putting in place notice‑and‑action procedures, observing detailed requirements for terms and conditions, and issuing transparency reports on content moderation, among other obligations and measures required under the framework. For further details on the EU DSA, please refer to our earlier blog posts here and here for context and background. The Commission, under powers granted by the EU DSA, may adopt delegated and implementing acts covering aspects of how the regime is implemented and enforced in this context. In 2023, it adopted one delegated act on supervisory fees payable by very large online platforms ( VLOPs) and very large online search engines (...
Seven. One Entertainment Group Gmb H v Corint Media Gmb H, Case C-260/22 What are the practical implications of this case? The Court of Justice’s ruling delivers further practical guidance, offering helpful clarification on the latitude and limits of what EU Member States may and may not do when implementing and transposing EU-wide directives in question within their domestic legal frameworks. This ruling emerged in the setting of a broadcaster’s entitlement to seek equitable remuneration for private, purely non-commercial copying of its protected broadcasts in Member States that recognise an applicable private copying exception. What was the background? Seven. One, a German broadcasting and production company, commenced proceedings against Corint Media, a collective management organisation, following Corint Media’s refusal to accede to Seven. One’s request to be paid compensation from the blank media levy that Corint Media had collected pursuant to their management contract as between the...
Al Sadeq v Dechert LLP and others [2024] EWCA Civ 28 What are the practical implications of this case? This judgment is must-read material for practitioners dependent on LPP, acting as a stark reminder of the dangers of misapprehending its limits. It is especially pertinent to those undertaking disclosure where LPP is claimed but attacked via the iniquity exception. It supplies not merely a thorough treatment of the governing principles and authorities, but also hands-on direction on the proper conduct of a disclosure review—and, if required, its litigation—when wrongdoing is said to be in play. Accordingly, it serves as both warning and roadmap for practitioners managing privilege disputes in complex disclosure, clarifying expectations, recommended steps, and approaches where alleged wrongdoing is in issue. What was the background? From 2010 to 2014, the claimant, Mr Al Sadeq, served first as a senior lawyer and...
Alongside the full items featured in the Financial Services news feed on 5 February 2024, subscribers may wish to note the following extra developments of potential interest: ECB: Interview with De Volkskrant OJEU: Case C-28/22, Getin Noble Bank ( Limitation period for actions for restitution): Judgment of the Court ( Ninth Chamber) of 14 December 2023 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — TL, WE v Liquidator of Getin Noble Bank S. A., formerly Getin Noble Bank S. A.......
Gov Data Ltd v Indeed UK Operations Ltd [2024] EWHC 39 ( Comm) What are the practical implications of this case? This decision arose from Gov Data Ltd’s request for a Norwich Pharmacal order compelling Indeed UK Operations Ltd to reveal identifying information about four anonymous reviewers who had posted comments on Indeed’s platform, so that Gov Data could consider claims for defamation and malicious falsehood. It confirms that any Norwich Pharmacal application must be properly particularised. Moreover, even if the gateway criteria are satisfied—there is an arguable wrong, the order is required, and the respondent both facilitated the alleged misconduct and can supply the data—the court will only grant relief where, considering relevant factors, it is strictly necessary and proportionate. It also highlights the rigorous scrutiny such applications attract. The court was troubled by how Gov Data and two...
Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 What are the practical implications of this case? This decision will interest anyone concerned with the canons of contractual construction. Those who draft or advise on non-assignment clauses will find it especially pertinent. Where an absolute bar on assignment is intended, wording must be explicit and unambiguous. Accordingly, drafters seeking to preclude transfers must choose language that leaves no room for implication. In Dassault Aviation, the Court of Appeal confirmed that it is inadequate to contend that a party should have appreciated, or in fact did appreciate, that assignment was a likely result of its conduct where the transfer is not the party’s own act but instead arises by operation of law. The Court’s stance can fairly be characterised as a strict black-letter approach. That black-letter reading is...
Mergers The CMA has issued its call for views in respect of the expected takeover by Thermo Fisher Scientific Inc...
WTW noted that the sixty islands forming the Lau group, lying to the east of the Fiji archipelago, face heightened exposure to sea-level rise, warmer oceans, acidification and tropical cyclones. Such pressures threaten coral reefs and undermine the incomes and wellbeing of local communities reliant upon them......
The European Commission’s determination on whether buyers depend on domestic packaging suppliers, or whether the arena is EEA‑wide, will dictate if the merger triggers competition issues for regulators evaluating cross‑border supply dynamics. In earlier probes, the watchdog has increasingly suggested the market is heading clearly towards the latter as the prevailing direction of travel in recent years. Folding cartons are a form of cardboard pack used for everything from beer bottles and frozen pizzas to tobacco and medicines across consumer sectors. How straightforward the parties’ route to clearance proves could also rest on whether officials see a single cartons market, or one divided by end use and application. Ireland’s paper packaging group Smurfit Kappa and US competitor West Rock agreed last September to combine in an US$11bn transaction they say will forge a “global leader in sustainable packaging.” They have not yet filed with the...
Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd and another [2024] EWHC 48 ( Ch), [2024] All ER ( D) 99 ( Jan) What are the practical implications of this case? The scenario of a pension scheme moving members from final salary to money purchase in the 1990s is far from rare. In this instance, the switch occurred within a single scheme: a final salary section was established for those over 44; a money purchase section for those under 40; and members aged 40 to 44 were given a choice between the two. That age-based structure set in 1992 later triggered assertions that the trustee would now be acting unlawfully by discriminating on age grounds if it delivered different pension benefits to those who transferred to money purchase compared with what they would have had under final salary. It was alleged that the only basis for the...
Mergers The Commission has received notice of Cobepa/ SD 2 Holding ( M.11480) via the simplified merger procedure. NOTE— For all ongoing merger enquiries before the Commission, please consult the EU mergers—ongoing cases tracker. Upcoming dates: For forthcoming EU competition developments, see the EU Competition calendar......
Amazon Ads and the Digital Markets Act 31 January 2024 The Digital Markets Act ( DMA) is an EU regulation that sets out a series of obligations and takes effect on 6 March 2024. In September 2023, Amazon was named a ‘gatekeeper’. Since that designation, Amazon Ads has worked collaboratively with the European Commission and is introducing changes to ensure compliance. For example, we are increasing the level of detail within our pricing reports. Currently, our advertiser and publisher customers enjoy real-time visibility of extensive pricing information. From 6 March 2024, advertisers and publishers running campaigns in the EU will be able to access......
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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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