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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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October 2022 saw the UK government introduce a new security framework via T( S) A 2021. This has since been bolstered by regulations that set out the precise security measures providers must undertake, together with a Code of Practice for telecoms providers that provides a good practice guide for effective telecoms security. The telecoms security rules present particular challenges for providers of public electronic communications networks or services (public telecoms providers), bringing extra compliance obligations, markedly increased risk and a series of key questions to address. Comprehensive due diligence should be carried out to identify the appropriate next steps to achieve compliance. Six key considerations Just because your business is not categorised as a Tier 1, 2 or 3 provider does not mean the rules will not affect you. Although suppliers to public telecoms providers are not directly regulated under the telecoms security rules, they will still be...
To watch the video of their discussion, click here. A fuller written summary of the issues examined, with onward links to related materials, appears below. See also Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the first instalment in our series, see: Video analysis— Should annual bonuses be included when calculating holiday pay? What is the background to the changes? The Employment Rights ( Amendment, Revocation and Transitional Provision) Regulations 2023 ( Amendment Regulations 2023), SI 2023/1426, amended the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833, introducing, among other matters, new rules for calculating holiday entitlement and pay for leave years starting on or after 1 April 2024 for: irregular hours workers part-year workers Government guidance has been issued to sit alongside these reforms. The key driver for the amendments was to counter the effect of the Supreme Court’s decision in Harpur Trust v...
In a statement on 26 January 2024, Italy’s government announced it concluded a headquarters agreement with the UPC, making it the third site within the organisation’s central division. Paris and Munich serve as the other two headquarters in the central division......
On 30 January 2024, the trade body issued fresh guidance on generative AI to support barristers in meeting legal and ethical duties. It urges them to grasp the risks and other factors linked to using Chat GPT and similar tools built on large language models. Sam Townend KC, Chair of the Bar Council, noted that AI’s expansion within the legal field is unavoidable, and the most advantaged barristers will be those who take time to understand these technologies so they can deploy them with oversight and integrity. He added: ‘ Any deployment of AI must be undertaken with care to protect client confidentiality and uphold trust and confidence, privacy, and adherence to applicable laws’, Townend said. The guidance stresses careful, informed use across practice to maintain standards......
Industria de Diseño Textil SA ( Inditex) v Buongiorno Myalert SA , Case C-361/22 What are the practical implications of this case? The Court of Justice confirms that the exception operates as a broadly framed rule, despite the recurring and ambiguous wording ‘in particular’. The pertinent test is now whether the sign was used for identifying or referring to goods or services as those of the trade mark proprietor, so long as that use was in accordance with honest practices. A defendant may still invoke the earlier Gillette jurisprudence (see below), yet the court has underlined that the defence now has a wider reach than before. Claimants should closely assess the degree to which the challenged use aligns with ‘honest practices’, and weigh whether alternative causes of action—such as copyright infringement where a logo is deployed—might be more...
In this issue: Transferring property Property management Statutory compliance Environment, energy and buildings Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers Transferring property Validity of an assignment entered into by an attorney In Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 ( Ch), Master Mc Quail examined the effectiveness and legal status of an assignment of certain loans, executed by the assignee signing on the assignor’s behalf as his attorney. She determined that section 136 of the Law of Property Act 1925 requires the assignor’s personal signature for legal validity; consequently, no legal assignment was created. Nevertheless, in the particular circumstances, an equitable assignment was found. See News Analysis by David Juckes, barrister at Hailsham Chambers: Validity of an...
In this issue: Key developments UK immigration control: how it works Visitors Sponsored work Work sponsorship: sponsors Family members under Part 8 and Appendix FM Challenging immigration decisions and enforcement EU law rights and EU Settlement Scheme Lex Talk®Immigration: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Key developments Future developments— Immigration calendar Our Immigration calendar highlights key forthcoming developments of interest to business immigration advisers. UK immigration control: how it works Processing delays as changes loom Immigration analysis: The Home Office is finding it difficult to manage a sharp rise in demand for immigration application services in advance of a higher Immigration Health Surcharge and forthcoming revisions to the Skilled Worker and Partner routes. Andrew Osborne, Supinder Singh Sian, Stephen O’ Flaherty and Naomi Hanrahan-...
In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Energy Environment Insurance and reinsurance Financial services IP Life sciences Regulatory TMT International trade Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission sends letters of notice to 26 Member States The European Commission has issued a package of infringement decisions due to certain Member States failing to inform Brussels of the measures taken to transpose specific Directives into national law. Formal letters have been dispatched to 26 Member States that have yet to notify complete transposition for 11 Directives covering, among other areas, the EU Emissions Trading System ( EU ETS), legal migration, protection of whistleblowers and credit services. Member States have two months to...
In this issue Funding and investment Pensions Protection Fund Pensions tax regime Scheme amendments and construction of scheme rules Personal pension schemes Daily and weekly news alerts Dates for your diary Trackers Funding and investment DWP publishes revised DB pension funding regulations following consultation The Department for Work and Pensions ( DWP) has issued the government’s response to its consultation on draft defined benefit ( DB) funding and investment regulations, which ran from July to October 2022, alongside updated draft Occupational Pension Schemes ( Funding and Investment Strategy and Amendment) Regulations 2024 (the draft Funding and Investment Strategy Regulations 2024), laid before both Houses of Parliament on 29 January 2024. The draft Funding and Investment Strategy Regulations 2024 require DB schemes to adopt a more explicit funding and investment strategy and to provide a...
In this issue: Building safety Litigation Adjudication Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Building safety CSG publish report pushing for building safety improvements CSG has released a report, ‘ A Higher Bar - Achieving a Competence-led Built Environment’, centred on competence in respect of building safety and the broader built environment. It introduces fresh standards and frameworks spanning the built environment and fire sectors, encouraging organisations and individuals to embrace enhanced competencies, practices and measures to raise safety levels. See: LNB News 29/01/2024 68. Guidance on mandatory occurrence reporting HSE has issued three sets of guidance on mandatory occurrence reporting for higher-risk buildings. In guidance entitled ‘ Submit a mandatory occurrence notice and report’, HSE explains who is required to submit mandatory occurrence notices and when, and...
In this issue Authorisation, approval and supervision Banks and mutuals Prudential requirements Financial stability Operational resilience Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Markets and trading Dispute resolution for financial services lawyers Regulation of derivatives Sustainable finance and ESG Investment funds and asset management Mi FID II Islamic finance Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Fintech and cryptoassets EEA Agreement Annex IX ( Financial Services) Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Key dates for financial services...
Representative actions—a recap on CPR 19.8(2) ( Commission Recovery v Marks & Clerk LLP) Commission Recovery Ltd v Marks & Clerk LLP and another [2024] EWCA Civ 9 What are the practical implications of this case? The Court of Appeal’s ruling is essential reading for practitioners running representative proceedings under CPR 19, or weighing up whether discrete claims could instead advance via a representative route. Echoing the Supreme Court’s analysis in the relatively recent Lloyd v Google [2021] UKSC 50 judgment, the decision clarifies how far class members can be said to share a sufficient common interest, and identifies when representative claims may still be pursued even where some issues must be resolved individually rather than on a class-wide footing. Under CPR 19.8(2), the court examined whether the group had the same interest and held that, in this case, the class was unified around proving the...
In this issue: Practice and procedure Financial provision Private children Public children International children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure President discusses transparency in the Family Court On 29 January 2024, Sir Andrew Mc Farlane, President of the Family Division, spoke about transparency in the family courts on Radio 4’s Today programme; listen here (from 1.07.50 onwards). HMCTS publishes blog on future of remote hearings HM Courts and Tribunals Service ( HMCTS) has shared a blog, Looking at the future of remote hearings, which explores the Video Hearings Service ( VHS) and the ways it has reshaped preparation for hearings. HMCTS highlights benefits including secure, private meeting rooms for judicial office holders to deliberate, and protected rooms for pre-hearing...
In this issue: Sustainable finance and ESG round–up Banking & Finance case round-up UK and international sanctions Public Offers and Admissions to Trading Regulations 2024 Lending Security Aviation finance Islamic finance Trade and commodity finance Sustainable finance Debt capital markets Derivatives Structured products and securitisation 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 digest of this week’s developments, refer to Sustainable finance and ESG weekly round–up—1 February 2024. Banking & Finance case round-up Banking & Finance— December 2023 and January 2024 case round–up: For an overview of the matters we flagged in Banking & Finance across December 2023 and January 2024, see News Analysis: Banking & Finance— December 2023 and January 2024 case...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Health and safety Key developments and materials Nature, biodiversity and habitat Water, flooding and drainage Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change EA publishes update on goal to reach net zero The Environment Agency ( EA) has issued a report setting a refreshed objective to achieve organisational net zero between 2045 and 2050. Reflecting the revised SBTi definition of net zero, the EA intends to rely less on offsetting than originally envisaged, and will confine any offsets to UK nature-based solutions, which means it will not meet its...
In this issue: Corporate governance Regulatory HMRC Manuals tracker Useful Information Weekly highlights from other practice areas Corporate governance FRC publishes guidance supporting the UK Corporate Governance Code 2024 The Financial Reporting Council ( FRC) has released refreshed guidance to assist companies with applying the UK Corporate Governance Code 2024 (issued last week—see: Share Incentives weekly highlights—25 January 2024— Corporate governance). Although it is not an integral component of the Code, the guidance is designed to help organisations interpret the updated provisions by offering additional advice, depth and illustrations. Instead of prescribing compulsory actions, it seeks to promote constructive dialogue and collective decision-making so that companies can embed the Code’s principles effectively. The guidance is structured to reflect the Code’s own layout, covering: section 1—board leadership and company purpose section 2—division of...
PI & Clinical Negligence weekly highlights—1 February 2024 In this issue Abuse and criminal injuries Case management Costs Other PI & Clinical Negligence news Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts New Q& As Useful information Abuse and criminal injuries The Ministry of Justice and the Criminal Injuries Compensation Authority have released updated guidance on criminal injuries compensation under the Criminal Injuries Compensation Scheme 2012. It clarifies eligibility, the application steps, applicant obligations, and how claims are dealt with. The revision also explains submitting appeals online via the First-tier Tribunal’s Document Submission Service. See: LNB News 30/01/2024 54. Case management A bid to strike out or stay the claim was refused notwithstanding a mandatory adjudication clause. As fourth defendant, Lancashire County Council applied to set aside service of the claim form under CPR 11(1)(b) and CPR 11(6)(b). Alternatively, it sought to strike out the claim pursuant to CPR...
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 Lex Talk®Practice Compliance: a Lexis®Nexis community Daily and weekly news alerts New and updated content Financial sanctions Government updates Russian sanctions guidance to include Schedule 3DA The government has revised its Russian sanctions guidance to add licensing grounds connected to Schedule 3DA revenue‑generating goods. See: LNB News 31/01/2024 59. UK and US announce new coordinated sanctions package against Iranian officials The Foreign, Commonwealth and Development Office ( FCDO) reports the UK and US have aligned on a fresh sanctions package targeting seven individuals and the Islamic Revolutionary Guard Corps ( IRGC) Unit 840 organisation. All seven designated persons are members of IRGC Unit 840. ITV revealed the unit in December 2023 during an...
In December 2023, the Home Office unveiled fresh steps to address the nation’s economic crime challenge, featuring tighter cooperation between government and business. Under the plan, the NCA will be granted authority to ‘direct’ the SFO to assume responsibility for cases involving fraud, bribery, and corruption. This reform will be implemented via an amendment to the UK’s Crime and Courts Act 2013, as set out......
Banking & Finance— December 2023 and January 2024 case round-up The Joint Administrators of Lehman Brothers Holdings plc ( In Administration) v LB GP No 1 Ltd ( In Liquidation) and others [2023] EWHC 3056 ( Ch) Intercreditor—ranking of statutory interest on subordinated debt The High Court examined whether statutory interest owed to a subordinated creditor should be met before principal due to another subordinated creditor sitting lower in the payment waterfall. This required construing the contractual priority provisions and how they interact with IR 14.23, which regulates the payment of interest. The court held that statutory interest due to the higher-ranking subordinated creditor must be paid ahead of principal payable to the lower-ranking subordinated creditor. The judge noted that, when provable debts are in competition, priority turns on the parties’ contractual arrangements, in particular the subordination terms governing the junior claim. IR 14.23(7) does not...
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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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