Legal News

R ( MM) Lebanon v SSHD [2017] UKSC 10 ( MM) At first sight, this is not a reassuring authority. While a £18,600 MIR might look reasonable today, given that it sits a shade below the yearly earnings from a full‑time minimum wage post, when it was introduced in 2012 it stood markedly above the minimum wage (about £11,500 a year), with an estimated 47% of working adults earning less. If a threshold with such effects has already been upheld as lawful, it is hard to see why excluding a further 20–25% of workers, as envisaged by the originally announced rise, would make much legal difference. Second, the court delivered forceful remarks on the need to defer to government in this field: immigration control is ‘intensely political’, the ‘constitutional responsibility of the Secretary of State’, and should be regarded as ‘high policy’. Taken...

Mergers The CMA has begun its phase I review and invited comments on Venus Topco Limited’s anticipated acquisition of Atlanta Investment Holdings 3 Limited—see the case page. Note— For all live CMA mergers, see the UK mergers—ongoing cases tracker. Antitrust The CMA has published the outcome of the 2023 slot award process from its investigation into the Atlantic Joint Business Agreement between American Airlines, IAG members ( British Airways, Iberia and Aer Lingus) and Finnair under Chapter I of the Competition Act 1998—see Atlantic Joint Business Agreement ( IAG ( EI, BA, IB), AA and AY) ( Case 50616). Market studies The CAT has ruled in Airwave Solutions Limited & Others v CMA, an appeal against its 12 December 2022 judgment dismissing its and Airwave Solutions Limited’s application to review the CMA’s final report in the market investigation into the supply of land mobile radio network services for public...

Article 82 of the General Data Protection Regulation ( GDPR) Judges at the EU Court of Justice have stated that, under Article 82 of the General Data Protection Regulation, proof of harm is required before compensation can be awarded against the responsible data controller. They explained that anyone seeking damages must demonstrate not only that the Regulation was breached, but that this infringement caused material or moral harm. The reference arose from proceedings before the district court in Hagen, Germany, which asked a series of questions about entitlement to compensation for non-material damage—such as pain, upset or stress. The referring court’s queries centre on whether a claimant must evidence such non-material harm in addition to proving that a data breach occurred. It also sought clarification on whether the disclosure of a paper document to an unauthorised individual is sufficient, on its own, to...

Mergers The Commission authorised: the purchase of shared control over Duffle Travel Retail Platform Gmb H by GHARAGE Ventures Gmb H, Dufry International AG and Takeaway.com Central Core B. V. ( M.11294), following a phase I review—see also, Midday Express the acquisition of joint control of JP Beteiligungs Gmb H and Aggro Sport Gmb H, together with each of their direct and indirect subsidiaries, by TA Associates Management, L. P. and Warburg Pincus LLC ( M.11369), after a phase I assessment—see further, Midday Express the establishment of a joint venture by Pirelli Tyre S.p. A. ......

Border Timbers Ltd and another v Republic of Zimbabwe [2024] EWHC 58 ( Comm) What are the practical implications of this case? This ruling highlights significant questions about enforcing ICSID awards and how the ICSID Convention interfaces with the SIA 1978. Zimbabwe has leave to appeal, meaning the Court of Appeal will soon address these matters. Those points will therefore receive appellate scrutiny in due course. If the judgment stands, sovereign immunity will be implicated only when, in proceedings to register an ICSID award, the state has been served with the without notice order. At that point, the state can seek to have the order discharged. The permissible bases are limited: the order must have gone beyond straightforward recognition and enforcement of the award, or there must have been a failure to provide full and frank disclosure. A challenge cannot be mounted on the...

The asset management sector: Are we being sufficiently innovative? Tap the hyperlink to watch the film...

Avon Cosmetics Ltd v Dalriada Trustees Ltd and others [2024] EWHC 34 ( Ch), [2024] All ER ( D) 76 ( Jan) What are the practical implications of this case? This decision is of real significance for pensions practitioners, as it tackles the familiar question of how a trustee ought to handle an historic amendment introduced in breach of the scheme’s power of amendment, in situations where some members have benefited and others have lost out. In particular, practitioners should note that there are now arguably conflicting High Court authorities in respect of the test to be applied in cases where the exercise of a power is partially valid. His Honour Judge Davis- White addressed the second limb of the severance test in BESTrustees v Stuart [2001] PLR 283 (not reported by Lexis Nexis®UK) — which asks, in a case of an...

Employment Tribunal Reform Project: Update for ET Professional Users ( January 2024) Employment Tribunal Reform Project: ELA Webinar Q& A—30 November 2023 What are the practical implications of this development? The central message is that HMCTS is still advancing—albeit rather slowly—with the roll-out of its modernisation programme. My HMCTS remains live only in the early adopter locations ( Glasgow, Leeds, Bristol and Nottingham), and the next stages will be trialled exclusively in those venues. My HMCTS will be extended to all claim types during January and February; thereafter, for professional users in those early adopter sites, the current online submission route will give way to submitting ET1 claims via the portal (no fixed date, but indications suggest around March). Practitioners should familiarise themselves with the My HMCTS portal and register if they have not already done so. As highlighted in questions raised at the 30...

Code of Practice investigations Research by a law firm indicates HMRC initiated 1,091 Code of Practice investigations between April 2022 and March 2023, in addition to 3,300 active cases continuing from previous years. Pinsent Masons tax manager, Sophie Warren, said the volume of serious tax investigations opened by HMRC shows the extent of its clampdown on the most serious tax evasion and avoidance. According to the firm, investigations fall into two categories: COP9 is launched in selected instances where HMRC suspects tax fraud. COP8 focuses on suspected tax avoidance. From April 2022 to March 2023, HMRC commenced 417 COP9 investigations and 674 COP8 civil investigations......

Pitt v HMRC [2024] UKUT 21 ( TCC) Back in 1999, the taxpayer undertook steps to buy and sell loan notes treated as relevant discounted securities, and asserted an income tax loss approaching £700,000 for 1998/99. HMRC commenced an enquiry and moved to refuse that loss. It then served a follower notice, arguing that the principles and reasoning in the First-tier Tax Tribunal decision in Audley v HMRC [2022] UKFTT 222 ( TC), if applied to these arrangements, would eliminate the tax advantage sought. The taxpayer declined to take corrective steps by amending his return to strip out the loss, so HMRC issued a closure notice to the same effect. HMRC also imposed a penalty in relation to the claimed position and the failure to take the specified corrective action as directed......

Easygroup Ltd v Easy Live ( Services) Ltd and others [2023] EWCA Civ 1508 What are the practical implications of this case? As Lord Justice Arnold noted, instances where misrepresentation is proven yet no damage is shown are scarce as hens’ teeth, so there are correspondingly few reasoned rulings on damage in passing off. This decision supplies much-needed direction. Three recognised heads of damage can complete the tort: lost revenue harm to repute damage to an existing or prospective licensing/endorsement business The third head is especially pertinent in unusual situations—like here—where trade mark infringement under section 10(2) of the Trade Marks Act 1994 ( TMA 1994) fails because the goods and services are dissimilar, yet goodwill and misrepresentation are made out. Unlike TMA 1994, s 10(2), passing off may not impose a threshold similarity of goods or services; however, proof of damage remains a...

Morina and others v Scherbakova and others [2023] EWHC 3253 ( Ch) What are the practical implications of this case? Key points in the dispute turned on private international law and domicile. Expert evidence on Russian and Belgian law assisted the judge. A decisive element when fixing the testator’s domicile was that his move from England to Belgium was driven solely by attempts to evade extradition to Russia. He had not relinquished his English home. The court closely examined how the respective legal systems interacted, and, in particular, the rules concerning the revocation of wills. It weighed heavily that his departure was a tactic, not a permanent resettlement abroad, however... What was the background? Vladimir and Elena left Russia for Singapore in 1993/94, moving on to Greece the following year. They later relocated to Belgium in 2004. After that, Vladimir spent lengthy periods in...

We contend that, within employment, person-specific explainability is essential. Our review of the main types of AI safeguards, alongside a case study on how local explainability operates in reality—see: here, shows that such a measure can both build confidence in AI and harness its capacity to detect and mitigate bias and discrimination. In employment settings, such personalised transparency is central to automated decision-making in this context. The evolution of AI regulation AI’s march into workplace decision-making has been checked by worries about safety and, notably, the risk of bias and discrimination. Used well, AI can enable swifter, more efficient and even higher-quality determinations. Yet it can also entrench bias and discrimination within decisions—see: Discrimination and bias in AI recruitment—a case study. Governments and policymakers worldwide are examining a range of safeguards to bolster AI safety. Existing and draft frameworks tend to favour different tools aimed at...

A d.o.o. v B. S. A., ZSU.2023.87, Obergericht, Zivilgericht, 4. Kammer What are the practical implications of this case? This decision underscores the delicate interplay between courts and arbitral tribunals regarding arbitral jurisdiction. Such questions can appear in domestic matters, yet they multiply in cross-border disputes where courts in different countries may reach inconsistent outcomes. For parties, the issue is not only ‘who has jurisdiction?’ but equally ‘who decides that question?’ and ‘who is bound by the answer?’ Early engagement of experienced counsel is therefore vital. The Aargau High Court also affirmed what many scholars had long maintained (though not without debate): when a Swiss court refuses to hear a case on the basis that the parties opted for arbitration, that refusal has no binding effect. As a result, other courts and the arbitral tribunal may legitimately arrive at a different position. Further, the ruling...

‘ A claimant under that provision must prove not just an infringement of that regulation, but also that the breach caused him tangible or non-pecuniary harm,’ the court stated. This conclusion arises from a reference to the EU judiciary by the district court in Hagen, Germany. It raised multiple queries and issues concerning the entitlement and scope to compensation for non-material harm—such as pain, distress or anxiety. Those questions centre primarily on whether an individual pursuing compensation for an EU GDPR breach must adduce proof of such harm in addition to evidence of the breach itself. The court further queried whether handing over a paper record to an unauthorised person is, by itself, sufficient to constitute an infringement of the EU GDPR. The German proceedings currently concern a disagreement about whether a Saturn electronics shop in Hagen contravened the EU GDPR when a member of...

Mergers Commission statement on announcement by Amazon and i Robt to abandon their transaction The Commission released a statement from Executive Vice- President Margrethe Vestager following a joint announcement by Amazon and i Robt that they would abandon their proposed transaction. Amazon operates an online marketplace that allows retailers to advertise and sell products to customers and through which it is, itself, active as a retailer. i Robot manufactures robot vacuum cleaners ( RVCs), which it sells on Amazon’s online marketplace. On 6 July 2023, the Commission opened a Phase II investigation into Amazon’s planned acquisition of i Robot due to concerns that it could permit Amazon to restrict competition in the market for the manufacturing and supply of RVCs (which Amazon also sells) and to reinforce its position in the market for online marketplace services to third-party sellers (and related...

The demands of the Consumer Duty introduced by the FCA have blurred the boundary between advice and guidance. Information presented as free guidance can be taken to mean paid-for advice. Regulatory lawyers say the duty’s insistence on good consumer outcomes, alongside unclear signals from the City watchdog on what counts as ‘advice’, is clouding the compliance landscape for financial advisers. This room for misunderstanding has triggered legal unease about how impartially the Financial Ombudsman Service ( FOS) might resolve complaints alleging poor advice under the new consumer protection regime created by the duty. By lifting the compliance threshold and prioritising outcomes, the duty increases the likelihood of advisers slipping up when assisting consumers. A further concern is that advisers, faced with two fresh and potentially conflicting compliance rule books, may hold back from offering constructive guidance or advice. According to Clive...

Mr Justice Martin Chamberlain dismissed Ildar Uzbekov’s High Court action accusing Revolut Ltd of unjustly “de‑banking” him in April 2020, relying on press articles that hinted at possible money laundering on his part. Uzbekov had pursued nominal damages and a declaration that the lender improperly closed his account, arguing the coverage was planted as part of a “shadowy smear campaign” against him. However, the judge held that, even were Uzbekov to show Revolut breached contract by relying on inadequate material, that would not establish the accusations were untrue in this case. The truth or falsity of such assertions can only be properly determined in defamation litigation, he added. Finding a contractual breach would therefore simply not “in any substantial sense vindicate Mr Uzbekov’s reputation here”. Uzbekov, a British national born in Kazakhstan, is the son‑in‑law of Alexander Shchukin, who died in 2021......

Montres Breguet SA v Samsung Electronics Co Ltd [2023] EWCA Civ 1478 What are the practical implications of this case? The Court of Appeal recorded that Samsung placed weight on a shield to financial remedies found in the Electronic Commerce ( EC Directive) Regulations 2002 (the E‑ Commerce Regulations), SI 2002/2013, reg 19, which transposes Directive 2000/31/ EC (the EU E‑ Commerce Directive). Samsung characterised this as both its most compelling ground of appeal and its most consequential one, in the specific circumstances. Regulation 19 of the E‑ Commerce Regulations affords hosting providers a defence in respect of liability for material posted on their platforms, so long as they lack knowledge of the unlawful character of that material and, once alerted, act promptly to remove it or to block access. Samsung’s central contention was that, because the watch‑face applications were created and...

Fraser v Khawaja [2023] EWHC 3143 ( Ch) What are the practical implications of this case? The fraud attempted, outlined below, was grave (and potentially criminal) and should be firmly on practitioners’ radar. In the author’s view, also set out below, the Will was plainly suspicious on its face and should not have been granted probate without at least some examination by the probate registry. Its admission may have resulted from the pandemic’s disruption to the workings of the probate registries and/or inadequate controls, hinting at further, as yet undetected, schemes of a similar kind affecting unclaimed estates where no-one is actively engaged. In truth, this attempt might have succeeded but for the estate being, by chance, referred to the claimant who, together with his legal team and his own firm’s skills, resources and determination, managed to identify the intestate...