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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Economic crime and corporate transparency Corporate governance Private equity Directors and company securities Partnerships Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Economic crime and corporate transparency Companies House announces changes to company law expected on 4 March 2024 Companies House has set out its intended schedule for bringing into effect certain company law reforms introduced by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). These measures require secondary legislation, meaning commencement depends on Parliamentary timetables, and they will not take effect before 4 March 2024. On that date, the expected changes to be delivered by Companies House will broaden its authority to challenge filings, query information and seek supporting evidence; permit more robust scrutiny of proposed company names; and...
In this issue: Investigating criminal conduct Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Local authority prosecutions Money laundering Corporate Crime in Scotland International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct UK fraud watchdog backs broader powers to compel company information from firms Proposals allowing investigators to demand company information before they are formally under investigation have been endorsed by the UK’s anti-fraud authority, which has welcomed these wider powers. See News Analysis: UK fraud agency welcomes wider powers to force information from companies. Criminal procedure and evidence Post Office Horizon prosecutions Following the Post Office scandal, the UK government’s plan to review the rules on private prosecutions could undermine victims’ ability to pursue criminal cases via this...
In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Accountability, culture and social governance Prudential requirements Financial crime and sanctions Conduct requirements Investigations, enforcement and discipline Regulation of derivatives Sustainable finance and ESG Investment funds and asset management Consumer credit, mortgage and home finance Crowdfunding Regulation of insurance Fintech and cryptoassets Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Key dates for financial services practitioners UK, EU and international regulators and bodies The City UK and London Stock Exchange sign financial infrastructure Mo U with Ukraine The City UK and London Stock Exchange plc have entered into a memorandum of understanding ( Mo U) with Ukraine’s Ministry of Economy to help further grow the country’s financial and allied professional services sector via ‘ The City- Ukraine Hub’. Backed by the UK’s Foreign, Commonwealth and Development Office ( FCDO), the Mo U seeks to create a ‘robust framework and supporting financial market...
In this issue: Arbitration in England & Wales International arbitration Institutional and ad-hoc arbitration Other arbitration and ADR-related news and developments New Law Journal New and updated content Daily and weekly news alerts Arbitration in England & Wales Court of Appeal—anti-suit injunctions and injunctions generally not available against states unless one of the exceptions in section 13 of the State Immunity Act 1978 applies In UK P& I Club N. V. v Republica Bolivariana de Venezuela, the Court of Appeal reaffirmed the doctrine of state immunity. Refusing an anti-suit injunction in a commercial dispute with Venezuela, the court underscored the proper objective of adherence to international law: advancing comity and sound relations among states by recognising the sovereignty of other nations. It further held that the European Convention on Human Rights ( ECHR) should, so far as...
R (on the application of Dennis) v Southwark London Borough Council [2024] EWHC 57 ( Admin) What are the practical implications of this case? This ruling carries significant ramifications for both ongoing and forthcoming development proposals where ‘drop‑in permissions’ have been, or are intended to be, employed. The court indicated that phasing provisions, including a phasing plan, may not suffice to prove severability for the purpose of accommodating a drop‑in, even within a substantial outline consent. In the wake of the decision, TCPA 1990, 96A does not seem to be an avenue available to planners to establish severability, unless the project is plainly severable already (in which event, one might query what would be the purpose......
In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Litigation New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments Retained EU Law REUL parliamentary report published: The Department for Business and Trade ( DBT) has released the Retained EU Law ( REUL) parliamentary report for June to December 2023. It charts the government’s progress in repealing and reshaping REUL, alongside plans for future revocations and reforms. DBT confirms this is the first in a series to be issued every six months until June 2026. The report explains how REUL reform aligns with the three pillars of the Smarter Regulation programme: reducing regulatory burdens and future‑proofing the UK’s framework; reserving regulation as a last resort; and...
Sellers v Simpkins [2023] Lexis Citation 2487 What are the practical implications of this case? This ruling carries practical consequences for: lawyers whose client ends a CFA before the claim is ‘won’ litigants considering bringing a CFA to an end new lawyers assuming conduct of the same claim Relationships between solicitors and clients can fracture during litigation, leading clients to seek fresh representation. In exercising that choice, litigants must be alive to the potentially serious costs repercussions. Clients who end a CFA with their current solicitors are likely to forfeit costs cap protection, subject to the precise terms of the particular CFA. Notably, the sums owed to their dismissed solicitors may exceed either the costs recovered from the other side or the agreed percentage of damages. For lawyers whose CFAs have been terminated, a strategic decision arises as to when to elect to seek their...
In this issue: Key developments and horizon scanning Residential property Property management Statutory compliance Property development Easements, rights and covenants Transferring property Property insolvency Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Government launches consultation on disclosure provisions in Part 11 of the Levelling Up and Regeneration Act 2023 The government has opened a consultation to gather views on proposals, under Part 11 of the Levelling Up and Regeneration Act 2023 ( LURA 2003), to increase transparency around 'contractual control agreements' in England and Wales. It explains that by 'contractual controls' it means 'agreements, such as option agreements, that are used to control land short of outright ownership'. It further states that regulations to be made under LURA 2003 will...
A notice has been placed on the Sponsor Management System by the Home Office, confirming that from 6 April 2024 the department is...
On 12 January 2024, the United Kingdom formally put its name to the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention). This News Analysis examines what the Hague Judgments Convention sets out, and why the UK’s decision to join it is especially significant for Banking & Finance practitioners in particular. What is the Hague Judgments Convention? The Hague Judgments Convention establishes a shared framework of rules for recognising and enforcing civil and commercial court decisions originating from States that become parties to it (the Contracting States). The EU and Ukraine are, at present, Contracting States to the Hague Judgments Convention; however, a range of other states have signed, among them the US and, now, the UK. The Tracker— Hague Judgments Convention offers details on whether a jurisdiction has signed the...
In this issue: Ukraine conflict Coronavirus ( COVID-19) Cases and decisions Market practice Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict This week, a policy institute’s report indicated the UK insurance market is still covering roughly a third of Russian oil shipments, notwithstanding sanctions imposed following the invasion of Ukraine almost two years ago. See News Analysis: UK insurers covered €120bn of Russian oil at sea, report says. The conflict has fundamentally disrupted the aviation insurance landscape. Focus has turned to claims under aviation policies as lessors attempt to recoup losses for aircraft located in Russia—typically retained and operated by Russian airlines. As a result, a surge of proceedings has been brought in the English, US, and Irish courts. For...
In this issue: Practice and procedure Financial provision Public children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q& As Useful information Practice and procedure Family Court’s broad powers affirmed by the Court of Appeal ( Re K ( Children) ( Powers of the Family Court)) Re K ( Children) ( Powers of the Family Court) [2024] EWCA Civ 2 examined the constitution and authority of the Family Court, with the Court of Appeal giving unequivocal appellate backing to the President of the Family Division’s guidance (in 2014 and 2018/2021) on the court’s far-reaching powers. The decision therefore has relevance across the entirety of family proceedings and should be regarded as indispensable reading for practitioners. The circuit judge at first instance was wrong to conclude she lacked the...
In this issue: Working time Brexit, retained EU law and assimilated law Public sector Pay Pensions Tax Prohibited conduct (discrimination etc) Employee rights to be informed and consulted Data protection and employee information Industrial action Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights — February 2024 Dates for your diary Trackers New Q& As Working time Video analysis— Should annual bonuses be included when calculating holiday pay? Launching our concise series on uncertainties created by the recent statutory changes to holiday entitlement and pay, Sarah Watson, barrister, and Cathy Hoar, solicitor, of the Lexis+® UK Employment team, explore whether employers ought to factor annual bonuses into holiday pay calculations. A detailed written summary accompanies the video. See News Analysis: Video analysis— Should annual bonuses be included when calculating holiday pay? Brexit, retained EU law and assimilated law DBT publishes Retained EU Law ( REUL) parliamentary report The Department for Business and Trade has issued the Retained EU Law ( REUL)...
Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 ( TCC) What are the practical implications of the case? The ruling is significant for commercial practitioners as it explores the drafting and interpretation of exclusion and limitation provisions, especially where a clause states ‘unless fraudulent’ or similar wording. This matters to both contract drafters and litigators: properly construed, the references to fraud in the exclusion and limitation clauses were confined to fraudulent misrepresentation. As the claim did not allege fraudulent misrepresentation, the judge decided that, even if any breach of contract had been carried out dishonestly, Uo P could still invoke the relevant protections. In addressing UCTA 1977, the judge recognised that assessing whether a term is ‘reasonable’ under UCTA 1977, Sch 2, s 11 is inherently fact-specific and outlined a range of pertinent...
In this issue: Advertising of medicines Medical devices Regulatory framework for medicinal products Intellectual property Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Advertising of medicines The 2024 ABPI Code of Practice—what are the key proposed changes? The Prescription Medicines Code of Practice Authority ( PMCPA) has opened a consultation to revise the 2021 Association of the British Pharmaceutical Industry ( ABPI) Code of Practice. The consultation invites views on amendments to clauses of the Code and on the PMCPA’s operation and complaints management procedures. Jayne Packham, Expert ABPI Code of Practice Trainer and Consultant at Jayne Packham Consultancy, explores what has prompted the proposed updates, the principal proposals and the next steps. See News Analysis: The 2024 ABPI Code of Practice—what are the key proposed changes? Medical devices European Commission proposes to extend transition period to apply IVDR The European Commission has proposed giving companies additional time to apply...
Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction ( Europe) Ltd [2024] EWHC 37 ( TCC) What are the practical implications of this case? This ruling illustrates that the court retains a discretion to refuse striking out and staying proceedings, even where a party has failed to abide by compulsory alternative dispute resolution obligation. That conclusion may come as a surprise to practitioners who might anticipate steps to enforce mandatory alternative resolution clauses. The court, however, weighed the practical difficulties that would emerge if the claim brought solely against the fourth defendant were put on hold. Imposing a stay in that context posed a risk of either postponing the progress of the litigation overall, or of the claim against the fourth defendant advancing on a different timetable from the other claims within the proceedings. The obligatory character of the ADR clause, which...
Municipio de Mariana and others v BHP Group ( UK) Ltd and another [2023] EWHC 3281 ( TCC) What are the practical implications of this case? This decision underscores that the courts will not allow an artificially crafted pleading to force a dispute into an arbitration clause’s reach. Vale SA (‘ Vale’) advanced three strands to contend that the Part 20 contribution proceedings brought by BHP Group ( UK) Ltd and BHP Group Ltd (together, ‘ BHP’) were enveloped by an arbitration provision in a shareholder agreement (‘ SHA’): that every dispute arising from the parties’ relationship fell within the arbitration clause; that a core issue in the proceedings was an alleged breach of the SHA; that the proceedings concerned technical matters. The arbitration agreement expressly referred to both technical issues and breaches of the SHA. However, the first and third strands failed on the...
Second only in size in the UK to the 2020 global Airbus SE corruption settlement, Entain has acknowledged the corporate offence of failing to prevent bribery as part of a deferred prosecution agreement ( DPA). It accepts the alleged shortcomings arising from previous GVC Holdings management missteps. Under the DPA announced on 5 December 2023, the package includes Entain’s agreement to cover HMRC and CPS investigation costs of £10m and to make a £20m charitable payment. Entain is also required to cooperate fully and in good faith with the CPS on any and all matters linked to the conduct at the centre of the underlying allegations, and to take all reasonable steps to implement revisions to its ethics and compliance programme where required. This article outlines the UK’s DPA framework and sets out practical learning points for companies facing...
In this issue: Brexit and tax Companies and corporation tax Employment taxes VAT Taxes management and litigation International Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit and tax DBT publishes Retained EU Law ( REUL) parliamentary report The Department for Business and Trade ( DBT) has issued the parliamentary report on Retained EU Law ( REUL) covering June 2023 to December 2023. It outlines the government’s progress in repealing and reshaping REUL, alongside proposals for future revocations and reforms. DBT confirms this is the first in a biannual series to be released until June 2026. The document begins by describing the three pillars of the Smarter Regulation programme and the place of REUL reform within it. These are: cutting regulatory burdens and...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Lex Talk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Generative AI framework for HM Government published The Cabinet Office, working with the Central Digital and Data Office, has released guidance for civil servants and teams across government organisations on the safe and secure use of generative artificial intelligence. The HM Government framework lays out ten principles for safe, responsible and effective adoption, covering ethical and responsible practice, keeping tools secure, and ensuring meaningful human control where appropriate. It also sets out practical measures for building generative AI solutions, highlighting that they must be developed with legal requirements, ethics, data protection and privacy, security and governance firmly in view. See: LNB News 18/01/2024 59. NCSC publishes report on impact of AI on cyber threat The National Cyber Security Centre has published a report...
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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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