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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Mergers The CMA has released the full text of its phase 1 decision concerning the proposed acquisition by The Alumasc Group plc of ARP Group Holdings Ltd and Rainwater Online Holdings Limited—see further, decision. NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Subsidy control The Subsidy Advice Unit has issued its final report to the Welsh Government on the Scheme to Extend High Speed Broadband in Wales—see further, final report. NOTE— For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Competition policy The CMA has confirmed two senior leadership appointments. Chris Prevett has been named permanent General Counsel, while Will Hayter has been appointed Executive Director of Digital Markets—see further, press release. NOTE— For a summary of all ongoing competition law legislation, guidance and other policy...
Judge Jacobs reached decisions on a series of claims lodged by hospitality firms for losses arising from shutting sites across the UK during the coronavirus pandemic lockdowns, finding partly in the businesses’ favour. However, he pared back recoveries by siding with the insurers on policy limits and on whether government job retention payments must be deducted from any payouts. The action is fronted by Gatwick Investment Ltd, which trades as Crowne Plaza London Gatwick Airport, and features the Hollywood Bowl Group, brewer and hotelier Fuller Smith & Turner, and theatre operator International Entertainment Holdings. Most of the claims target Liberty Mutual Insurance Europe ( LMIE), while Aviva and Allianz are also defendants to a claim brought by a group of horse-racing tracks. The policies at issue provide cover where the act of a statutory authority, responding to danger or...
D v Republic of India I ZB 12/23, Bundesgerichthof What are the practical implications of this case? The decision is more reassuring than path‑breaking: on 12 October 2023 the Federal Court of Justice set out the reach of Achmea and Komstroy, confirming that EU‑law objections do not undermine every investment BIT award. Put simply, Achmea and Komstroy do not taint all such awards. Investors may trust that extra‑ EU BIT awards will, as a rule, be enforceable in Germany. Attempts by third countries to rely on the intra‑ EU objection to resist enforcement are impermissible. What was the background? Background Deutsche Telekom AG, a German telecommunications company, invested about USD 97m in a multimedia firm based in India. That entity had secured rights under a lease with an Indian state‑owned company to use the S‑band to provide mobile telephony and broadband data services in the Indian market. In...
Ministry of Justice: Consultation outcome: Supporting earlier resolution of private family law arrangements What is the background to the government’s response? The consultation opened on 23 March 2023 and closed on 15 June 2023. Its central proposals sought to help parents and carers sort out children and financial arrangements without turning to the courts, for example through pre-court parenting programmes. It also suggested, where appropriate, requiring parties to make a reasonable attempt at mediation before issuing a court application, alongside the potential use of cost orders. What are the key points in the government’s response? The response confirms plans for a pilot to fund early legal advice for parents. For those whose cases proceed in court, the investigative approach private law Pathfinder pilot (under FPR 2010, PD 36Z ( Pilot Scheme: Private Law Reform: Investigative Approach)) operating in North Wales and Dorset, aimed at reducing...
Just Trays Ltd v Emu Products Ltd [2024] EWHC 29 ( Ch), [2024] All ER ( D) 55 ( Jan) What are the practical implications of this case? This judgment underscores that carefully marshalled evidence, directly engaging with the questions the court must resolve, is essential to showing a triable issue with real prospects of success. The judge remarked that JTL’s evidence was precise and comprehensive, notably in explaining the computation of particular sums, and it also relied on EPL’s own papers. The court contrasted this with EPL’s material, which did not adopt the same structured approach to revealing how its figures had been put together. The decision further reiterates the governing test for an injunction restraining presentation, and it offers a useful point of comparison with Bridger & Co Ltd v Specialist Lending Ltd (t/a Duologi) [2023] EWHC 2562 ( Ch), [2023] All ER ( D) 89 (...
Sullivan v Isle of Wight Council [2024] EAT 3 What are the practical implications of this judgment? This decision underscores that whistleblowing detriment claims are restricted to ‘workers’ as defined, and do not ordinarily extend to job candidates, save for those applying to specified NHS employers under the Employment Rights Act 1996 ( NHS Recruitment— Protected Disclosure) Regulations 2018. It further confirms that a Gilham-style approach—invoking Article 14 (freedom from discrimination) read with Article 10 (freedom of expression) of the European Convention on Human Rights to widen protection to applicants—will not prevail, particularly because being a job applicant does not amount to an ‘other status’ for the purposes of Article 14. What is the relevant background? Background law All workers are entitled to pursue a claim for any detriment suffered due to an act or omission by their employer carried out on the ground that the...
On 24 January 2024, TPR stated trustees must now duly weigh the complete spectrum of investment choices to enhance member benefits. The regulator’s guidance followed the government’s so‑called Mansion House reforms—a broad package of measures unveiled by Chancellor Jeremy Hunt in July 2023—intended to spur pension funds to back UK infrastructure or start‑up enterprises. Pension saving arrangements have traditionally allocated chiefly to steady instruments like government bonds. TPR added that higher‑return equities could, instead, lift a scheme’s performance and deliver improved retirement outcomes for members by boosting returns compared with predictable assets commonly used today......
Jump to: General Brexit headlines Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Post- Brexit transition guidance Editor’s picks—the practice area/sector view New and updated Brexit related content Lex Talk®Brexit: a Lexis®Nexis community Useful information General Brexit headlines This section features key, overarching Brexit news items. DBT publishes first ‘ Retained EU Law ( REUL) parliamentary report’ The Department for Business and Trade has released the Retained EU Law ( REUL) parliamentary report for June to December 2023. It sets out the government’s progress in revoking and reshaping REUL, as well as plans for future revocations and reforms. DBT confirms this is the first in a series of reports to appear every six months until June 2026. The document outlines the three pillars of the Smarter Regulation programme and where REUL reform sits within it. These are:...
Beyond the articles reported in full within the Financial Services news feed on 26 January 2024, subscribers may wish to note the following further updates: FCA: Cancellation of society registrations in 2023 FCA:......
Phillips v The Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 ( Admin), [2024] All ER ( D) 49 ( Jan) What are the practical implications of this case? This ruling is among a number of recent first-instance judgments in which the Administrative Court has scrutinised the lawfulness of sanctions listings made under the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855 (the Russia Regulations). The broad approach the court ought to take to claims of this kind was the focus of submissions before the Court of Appeal in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs, at a hearing held between 17–19 January 2024, where judgment remains reserved. Until the Court of Appeal delivers its decision, practitioners must look to these first-instance decisions for direction. The ruling in Phillips also examines aspects of the legal...
As society advances and technology keeps moulding our work and daily lives, approaches to disputes cannot be left unchanged. We are nearing a bold synthesis, as long-standing mechanisms meet the latest advances in blockchain technology for resolution. This yields a flexible, open, and equitable procedure, with Kleros positioned squarely at the vanguard of change today. Kleros, a blockchain-enabled dispute resolution protocol, applies ideas drawn from game theory to produce fair rulings over numerous conflicts cases. Within Kleros proceedings, jurors selected at random examine evidence and cast votes on outcomes. Motivated by staking tokens, at risk of forfeiture for incoherent votes, jurors are driven to deliver thoughtful, balanced, and diligent determinations. Openness and resistance to tampering are guaranteed through the foundational blockchain architecture itself. Various writers and experts have outlined multiple avenues for Kleros rulings to interface with the off-chain...
Egyptian Sponge Iron & Steel Co SAE ( ESISCO) v Danieli & C Officine Meccaniche Sp A, Paris Court of Appeal, 5 December 2023, No 22/20051 What are the practical implications of this case? Beyond restating core tenets of French international arbitration law, this judgment underscores three practical takeaways, particularly salient at the set‑aside stage. First, it serves as a reminder that the Court examines proof through a critical lens and is not overly swift to recognise serious, specific and convergent clues of wrongdoing (such as corruption) that would warrant setting aside an arbitral award. More precisely, it offers useful direction on how the Court handles overseas criminal judgments; it does not automatically adopt their conclusions, particularly where the related prosecutions were comparatively opaque. Second, the ruling supports taking and holding a consistent stance throughout the arbitration and any later annulment...
Competition policy Commission publishes report on enforcement of EU antitrust and merger control rules in the pharmaceutical sector between 2018–2022 The Commission has issued a report on competition enforcement—covering antitrust and merger control—in the pharmaceutical sector, outlining the activities undertaken by the Commission and national competition authorities during 2018 to 2022. It updates an earlier 2019 report that examined the period from 2009 to 2017. Alongside a broad overview of enforcement in pharmaceuticals, the report describes the sector’s key features that guide competition assessments and, through concrete and practical examples, clearly demonstrates how competition law action protected undertakings and consumers, including in the course of the Covid-19 crisis......
On 24 January 2024, the parliamentary Work and Pensions Committee ( WPC) contacted Bim Afolami, the Economic Secretary to the Treasury, to gauge the government’s intended approach to additional oversight of superfunds. The nascent defined benefit ( DB) superfund market has been operating under a set of interim rules published by The Pensions Regulator ( TPR) in 2020. Ministers have repeatedly pledged to introduce a lasting regime via primary legislation, yet almost four years later this has not materialised. In his letter, committee Chair Sir Stephen Timms pressed Afolami on whether primary legislation is required to deliver a permanent regulatory framework for pension superfunds......
Trust Arbitration in the Bahamas ( Gabrielle Volpi v Delanson Services Ltd & Others) Gabrielle Volpi v Delanson Services Ltd & Others / Delanson Services v Gabrielle Volpi & Others Consolidated Appeals , 2020/ APP/sts/00013, 2020/ APP/sts/00018 What are the practical implications of this case? The decision delivers robust direction for judges confronted with ‘kitchen sink’ assaults on arbitral awards, while reaffirming foundational rules of both common and statutory trust law on purpose and beneficiary trusts, and is set to exert strong influence on trust arbitration worldwide. Justice Klein offers an authoritative synthesis of the doctrines relevant to challenges against arbitral awards, together with the policy considerations underpinning those doctrines and the practicalities encountered in high‑value, cross‑border trust controversies. His Honour’s ruling underscores that only exceptional situations will justify overturning an arbitral award and that, even within areas of law...
This week, two blockbuster European airline tie-ups were referred for full-scale scrutiny by the European Commission, which highlighted multiple worries over overlapping routes, both direct and connecting—covering Lufthansa’s move to take a stake in ITA Airways and IAG’s proposed purchase of Air Europa. Investigators flagged both direct and indirect overlaps, including feeder connections and one-stop itineraries. The notices revealed EU case handlers probing a spectrum of issues, some rarely tested in airline mergers, underscoring Brussels’ rising scepticism about consolidation generally, and in aviation in particular. Although Korean Air’s pursuit of Asiana demonstrates that EU sign-off is possible, the journey can be protracted and punishing, likely demanding tough concessions from Lufthansa and International Consolidated Airlines Group in their respective transactions. The Korean transaction is only edging towards EU approval more than three years after its November 2020...
Apple will overhaul its i Phone App Store fees for businesses in the EU To align with the EU’s gatekeeper rules unveiled on 25 January 2024, Apple plans a sweeping reset of its App Store charges. Developers may opt into a revised tariff that lowers Apple’s commission from 30% to 17%, while adding a €0.50 per-download levy for top-performing apps. Apple will also open the i Phone to alternative app stores. These steps are intended to satisfy the Digital Markets Act ( DMA), though Apple’s statement underscores its view that the law could put European users at risk. Phil Schiller, who oversees the App Store, said the announced measures meet the DMA’s EU obligations and aim to shield users from the unavoidable rise in privacy and security threats the regulation brings. The company cautioned that, even with these protections, many risks persist. Some...
Mergers The CMA began its phase 1 review of the proposed joint venture between Vodafone Group Plc and CK Hutchison Holdings Limited relating to Vodafone Limited and Hutchison 3G UK Limited—see further, case page. The Department for Culture, Media and Sports issued a second PIIN from the Secretary of State, Lucy Frazer, on the proposed acquisition of Telegraph Media Group Limited, Telegraph Media Group Holdings Limited, or their business or assets (including subsidiary shares) by RB Investco Limited and/or related undertakings (including RB IMI AIV Limited Partnership), or any assignees, transferees or successors—see further, case page. NOTE— For trackers on live CMA mergers and public interest interventions under the Enterprise Act 2022, see UK mergers—ongoing cases tracker and Government interventions on public interest grounds—merger cases tracker. Subsidy control The Subsidy Advice Unit released its final report advising the...
E v R and others [2023] EWFC 214 What are the practical implications of this case? The central message from this decision is that, although intended parents are not legally required to obtain a parental order, appreciating the particular composition of international families is crucial to pinpoint potential difficulties in other legal systems. Professional guidance should be taken overseas, ideally prior to conception and, in any event, before lodging any court application in this jurisdiction. Had the couple sought a parental order here without considering the knock-on effects for the child in Italy, the child might have faced serious, long-term consequences that could not easily be undone... What was the background? The matter concerned a gestational surrogacy arrangement in Argentina entered into by E and L, a male same-sex couple, with a surrogate who was a close family friend. E and L had been together since 2000 and...
In this issue: Competition and state aid Data protection and cybersecurity Environment Insurance and reinsurance Financial services IP Life Sciences TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust- Commission consults on commitments offered by Apple in Apple Pay abuse investigation The Commission has begun market testing of commitments proposed by Apple to resolve suspected dominance abuses linked to limiting access to the technology enabling in-store contactless payments on mobile devices. Refer to News Analysis: EU Competition law—daily round-up (19/01/2024). Antitrust- AG proposes Court of Justice should dismiss the Commission’s appeal in Intel Advocate General Medina delivered her opinion in Case C-240/22 Commission v Intel, which challenges the General Court’s judgment in Case T-286/09 RENV (following remittal from the Court of Justice) that partly set aside 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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