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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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With what it considers measured, targeted updates to the 2018 UKCG Code, the FRC aims to strike a balance: sustaining investor and stakeholder confidence in premium listed companies while keeping administrative and regulatory demands on businesses to the minimum required. Digital guidance linked to the 2024 UKCG Code is due for publication on 29 January 2024. Original news: FRC publishes revised UK Corporate Governance Code, LNB News 22/01/2024 18. The Financial Reporting Council has now issued its revisions to the UK Corporate Governance Code (the Code), intended to bolster transparency and accountability across UK companies and to underpin the UK’s growth and competitiveness... Why is the UKCG Code changing? On 24 May 2023, the FRC opened a consultation setting out 18 proposals to amend the 2018 Code, centred chiefly on building a stronger framework for prudent, effective risk management and internal controls. They also...
Although the government chose not to advance a proposal to give firms a heavier burden of responsibility, the reforms still carry real weight for companies and investors. They tighten the eligibility tests and enhance both investor declarations and compulsory information standards. Businesses must be compliant by the go-live date. Those seeking capital under the financial promotion exemptions will have to include additional disclosures in their investor communications. This is intended to help prospective investors perform basic due diligence on the person’s investment marketing, and to support the Financial Conduct Authority ( FCA) in examining possible non-compliance with the exemptions. HM Treasury consulted two years ago on revisions to the financial promotion exemptions in the Financial Promotion Order for high net worth individuals and sophisticated investors. In its November 2023 consultation response, the government set out the final changes, which take effect from 31...
Private actions The CAT has released four individual applications concerning: Mr Justin Gutmann v Vodafone Limited and Vodafone Group PLC; Mr Justine Gutmann v EE Limited and BT Group PLC; Mr Justin Gutmann v Hutchison 3G UK Limited; and Mr Justin Gutmann v Telefonica UK Limited. These opt-out collective proceedings are brought by Mr Justin Gutmann against, respectively, Vodafone Limited and Vodafone Group PLC, EE Limited and BT Group, Hutchison 3G UK Limited, and Telefonica UK Limited, alleging each mobile network operator breached the Chapter II prohibition under the Competition Act 1998—see further: application ( Vodafone) application ( EE Limited and BT Group PLC) application ( Hutchison 3G UK Limited) application ( Telefonica UK Limited) Note— For all live private actions in the UK that have been made public, see: UK private actions—ongoing cases tracker. Upcoming dates— For dates of forthcoming UK competition developments, see: UK...
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 presents the principal overarching Brexit news headlines. Weekly round-up of EU- UK TCA Specialised Committees’ publications—16 January 2024 This summary outlines publications released by the Specialised Committees set up under the EU- UK Trade and Cooperation Agreement ( TCA) covering 10 to 16 January 2024. This week’s digest includes the agenda and minutes from the third meeting of the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development, the minutes from the third meeting of the Trade Specialised Committee on Customs Cooperation and Rules of Origin, the minutes of the second Civil Society Forum of the TCA, and the decision adopted by the Foreign,...
Jagger and others v AXA Insurance UK plc [2023] Lexis Citation 1661 What are the practical implications of this case? The DCP is restricted to claims for 'damages only'. In this case, the claimants sought a declaration of AXA's liability. Although that was a step towards securing damages, such declaratory relief cannot be pursued through the DCP. A claimant must provide a robust estimate of anticipated damages. The claims were issued as 'limited to £10,000', then were substantially increased. The court held that, for CWI matters (and comparable technical claims), expert evidence is required to inform any estimate. In short, when bringing a technical claim, there must be a defensible basis—potentially via a suitably qualified expert—for the assessed value of the loss. Any amended claim form must be supported by a statement of truth......
Prevention of sexual harassment in the workplace Spurred by the Me Too movement, tackling sexual harassment at work has moved up the agenda for a range of sectors and industries, for employers generally, and across political parties. In turn, employers have shifted culturally in how they perceive and address allegations, responding in a far more proactive and forceful way... While clear strides have been made, the government (and any future Labour government) accepts there is more to achieve. The data bears this out: in 2023 the Fawcett Society reported that 40% of women encounter sexual harassment in the workplace... To drive more active prevention by employers, the government has passed the Worker Protection ( Amendment of Equality Act) Act 2023. This legislation creates a new duty on employers to take ‘reasonable steps’ to stop the sexual harassment of their employees, as defined by the Equality Act 2010,...
The NOCO Company v Shenzhen Carku Technology Co Ltd [2023] EWCA Civ 1502 What are the practical implications of this case? In this ruling, the Court of Appeal considered whether using Amazon’s Intellectual Property Rights ( IPR) reporting mechanism could constitute a threat of infringement proceedings for the purposes of unjustified threats. Section 70 of the Patents Act 1977 requires an objective assessment: would a reasonable person understand the communication as alleging patent infringement? E‑commerce platforms typically provide IPR channels for rights owners to flag and seek removal of purportedly infringing listings. The court revisited these aspects to decide if the communications crossed the line into threats of proceedings for patent infringement. This judgment examined if a platform IPR complaint can amount to a patent threat, analysing the setting of the notifications, the nature of the defendant’s dealings with Amazon, and the specifics of...
In addition to the stories covered in full in the Financial Services news feed on 19 January 2024 Subscribers may wish to note the following further developments: PRA: Approaches and methods to resolve major banks whose collapse could have systemic consequences EU Parliament: DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations ( EU) No 1092/2010, ( EU) No 1093/2010, ( EU) No 1094/2010, ( EU) No 1095/2010 and ( EU) 2021/523 as regards certain reporting requirements in the fields of financial services and investment support ( COM(2023)0593 – C9-0383/2023 – 2023/0363( COD)) Alongside our daily and weekly news alerts, Financial Services subscribers may opt to receive intraday alerts at midday and at the end of the day, delivering in real time a summary of the latest financial services...
Antitrust Commission consults on commitments offered by Apple in Apple Pay abuse investigation The Commission has begun a market test of Apple’s proposed commitments aimed at resolving alleged dominance abuses linked to restrictions on access to technology enabling in-store contactless payments on mobile devices. For context, in May 2022 the Commission issued a statement of objections, preliminarily finding that Apple abused a dominant position in the markets for mobile wallets on i OS. It considered that Apple curtailed third-party mobile wallet developers’ access to the Near- Field Communication ( NFC) interface required for contactless payments with mobile devices in retail locations for use within shops and store environments and outlets......
Incoming legislation will bring stricter rules to the crypto sector, requiring CASPs to carry out customer checks and to report suspicious activities whenever transactions total €1,000 euros or more. Controls will be even more rigorous for CASPs’ cross-border transactions. ‘ We have ensured that the crypto sector will operate under the same rules and bear the same obligations as the traditional financial sector’, said Eero Heinäluoma, on this matter......
For the Mainland Judgments in Civil and Commercial Matters ( Reciprocal Enforcement) Ordinance ( Cap 645), please refer here. For the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and Hong Kong, please refer here. Introduction Significant advantages will flow from this, notably enabling the execution in the Mainland of Hong Kong judgments, and in Hong Kong of Mainland judgments—both presently limited and difficult—while also elevating Hong Kong’s standing, as the People’s Republic of China’s sole common law jurisdiction, as a venue for resolving disputes. What does the Ordinance cover?......
Representing the owners of the Win Win, Peter Mac Donald Eggers KC of 7KBW told the court that the Indonesian navy’s 2019 decision to hold the vessel after it drifted into the south-east Asian nation’s waters was ‘a new phenomenon’. He further described the step as ‘unprecedented’ and ‘a new state of affairs’. According to the barrister, the seizure reflected a recent shift in naval enforcement aimed at detaining ships that anchor unlawfully off Bintan. The Win Win, which had departed Singapore in company with 20 other vessels, was taken into custody and was not freed for more than a year. The master later faced prosecution for the illegal entry into Indonesia’s territorial seas......
The NI Office ( Northern Ireland Office) has issued a statement from the Secretary of State for Northern Ireland, Chris Heaton- Harris, regarding the Northern Ireland Executive Formation Deadline. As stated by NI Office, the deadline to choose a......
In this issue: Probate Court of Protection HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Art and heritage property, landed estates and farming families Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts Lex Talk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q& As Useful information Probate HMCTS Probate service—effectiveness and Call for evidence deadline With the Justice Committee’s Call for evidence on HMCTS Probate Registry delays closing on 22 January 2024, the issue received a brief discussion in Parliament on 9 January. Mike Freer, the Parliamentary Under- Secretary of State for Justice, set out recent actions to...
In this issue: New technologies Internet Advertising, marketing and sponsorship Information technology Technology sourcing Media Reputation management Data protection 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 CMS Committee publishes government response to AI and IP connected tech report The House of Commons Culture, Media and Sport ( CMS) Committee has released the government’s reply to its second report on connected technologies, ‘ Connected tech: AI and creative technology’, originally published on 30 August 2023. That report spotlighted worries across the creative sectors about allowing artificial intelligence ( AI) developers to mine private intellectual property ( IP) for commercial gain without sharing benefits with original creators. The government’s reply confirms it will not proceed with its earlier plan for a...
In this issue: Key R& I law developments Corporate insolvency processes Insolvency litigation Directors and insolvency Financial institutions Daily and weekly news alerts Key dates for R& I professionals New and updated content Latest Q& A Key R& I law developments Insolvency Service issues December 2023 monthly statistics The Insolvency Service has released its December 2023 figures on corporate and personal insolvencies. A total of 2,002 company insolvencies were recorded, surpassing both December 2022 and pre-coronavirus ( COVID-19) levels. For individuals, December 2023 saw 6,584 insolvencies, a 20% decrease compared with December 2022. See: LNB News 16/01/2024 42. Corporate insolvency processes Water Industry ( Special Administration) Regulations 2024 SI 2024/ Draft These draft Regulations update the special administration regime for water industry companies—those referred to in section 23(1) of the Water Industry Act 1991 ( WIA 1991)—to align with...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency ( DVSA) lodged a complaint with the Advertising Standards Authority ( ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority ( ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other...
UK developments FCA announces establishment of industry-led working group for financial advisers The Financial Conduct Authority ( FCA) revealed it has named Daniel Godfrey as chair and Julia Dreblow as vice-chair of a new working group dedicated to strengthening sustainable finance capability throughout the financial advice industry, more widely. The Personal Investment Management & Financial Advice Association ( PIMFA) will act as the secretariat. See: LNB News 16/01/2024 30......
In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Evidence and disclosure 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 Announcements UK signs 2019 Hague Judgments Convention: The Ministry of Justice ( Mo J) has confirmed that the United Kingdom ( UK) has signed the 2019 Hague Judgments Convention ( Convention), reducing time and expense for businesses embroiled in international disputes. The Mo J also highlighted that this strengthens the UK’s reputation as a ‘global centre for dispute resolution’ and will support the expansion of international trade and investment. The Convention will take effect domestically 12 months after ratification and will apply solely to judgments in proceedings begun after that date—see: LNB News...
FEPA FEPA is a landmark statute that, for the first time in US history, criminalises foreign officials who solicit or receive bribes in return for carrying out an official act to secure a commercial benefit. It applies where a foreign official seeks or takes bribes from issuers or domestic concerns, or from any person whilst the official is in the US. Enacted with bipartisan, bicameral backing, the law grants federal prosecutors expansive extraterritorial authority to pursue corrupt foreign officials who demand or accept bribes. For decades, the Foreign Corrupt Practices Act ( FCPA) was the only foreign bribery regime, and it addresses the supply side of misconduct—ie, paying or offering bribes to public officials to gain a business advantage. Yet the FCPA does not authorise prosecutors to charge the other participant in a quid pro quo-style bribery scheme—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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