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 Sole traders, informal partnerships and outdated partnership deeds are common.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
In this issue: Competition and state aid Data protection and cybersecurity Energy Environment Financial services Insurance and reinsurance IP Regulatory TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust— Advocate General recommends the Court of Justice uphold the fine imposed on Google for prioritising its own comparison shopping service Advocate General Kokott has delivered her opinion in P Google and Alphabet v Commission ( Google Shopping), Case C-48/22, an appeal against the General Court’s judgment in Case T-612/17 which partially upheld an action seeking annulment of the Commission’s 27 June 2017 decision in Google Search ( Shopping) ( AT.39740). She proposes that the Court of Justice dismiss the appeal in full and therefore maintain the €2.4bn penalty against Google. See News Analysis: EU Competition law—daily round-up (11/01/2024). Data protection and cybersecurity EU countries’ gazettes classed as data controllers even without choice over published content, EU court rules MLex: The EU’s highest court held that...
In this issue: UK antitrust UK digital markets EU antitrust EU state aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK antitrust Court of Appeal rules in favour of CMA in overseas information requests appeal The Court of Appeal ruled in favour of the CMA in CMA v Bayerische Motoren Werke AG ( BMW) and Volkswagen Aktiengesellschaft ( VW). For context, in December 2022 the CMA levied a fixed fine of £30,000 and a daily penalty of £15,000 on BMW for not complying with an information request issued in a Chapter I investigation. On 8 February 2023, the CAT and the High Court delivered a single judgment addressing BMW’s appeal before the CAT and VW’s judicial review in the High Court. Both challenged whether section 26 of the...
In this issue: Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Nuclear energy International energy Lex Talk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ updates the EBDS guidance on blend and extend contracts and adds parameters for QHS The Department for Energy Security and Net Zero ( DESNZ) has refreshed its Energy Bills Discount Scheme ( EBDS) guidance for licensed energy suppliers. The part covering how to work out the discount for customers on ‘ Blend and Extend’ contracts now features worked examples that illustrate, in practice, how the reduction should be applied. ‘ Blend and Extend’ means moving an existing customer onto a new deal with...
At Southwark Crown Court, Alan Barratt was ordered to hand over £9,771, while Susan Dalton must pay £25,010, as part of TPR’s drive to return funds to savers duped into surrendering their pensions. In 2022, Barratt, 64, received a custodial sentence of five years and seven months; Dalton, 68, was jailed for four years and eight months. The pair were found guilty of exploiting their roles as trustees to persuade 245 members of workplace pension schemes to transfer their pots into 11 retirement vehicles under their control between 2012 and 2014. According to TPR, the sums demanded reflect the vast majority of Barratt and Dalton’s assets held......
In this edition: Brexit headlines Brexit SIs Post- Brexit transition guidance Coronavirus ( COVID-19) Constitutional and administrative law State accountability and liability Equality and human rights State security and intelligence Subsidy control and State aid Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines ESC releases first Special Report of Session 2023–2024. The European Scrutiny Committee ( ESC) has issued its opening Special Report for Session 2023–2024, setting out the government’s reply to the ESC’s 23rd Report of Session 2022–2023, arising from its inquiry into UK representation to the EU. Regarding publication of UK Mission to the European Union ( UKMis) activities and updates on UK– EU relations, the government pointed to the...
According to MLex, officials at the European Commission are seeking a summary of the many agreements digital platforms have struck with artificial intelligence developers. Last week, the Commission announced it was inviting public input on competition risks arising from nascent AI technology—and, at the same time, dispatched questionnaires to major tech firms concerning their collaborations in this area. Amazon stated it was among those approached. Big tech has pledged billions to AI......
Insurance & Reinsurance weekly highlights—18 January 2024 In this issue: Ukraine conflict Coronavirus ( COVID-19) Cases and decisions Types of insurance Market practice Regulation Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict This week, Scottish practice Brodies LLP confirmed it had supported Ukraine’s Export Credit Agency on an innovative war risks insurance mechanism, extending protection to shipowners and charterers and enabling the nation to move cargo across the Black Sea amid ongoing hostilities with Russia. See News Analysis: Brodies steers war risk insurance for Ukrainian exports. The conflict in Ukraine has profoundly reshaped the aviation insurance sector. Claims on aviation policies have become a central battleground as lessors try to recoup losses for aircraft left in Russia (typically still held and operated by Russian carriers). Consequently, a wave of proceedings has been commenced before the English, US, and Irish courts. For more detailed...
In this issue: Copyright & associated rights Trade marks/passing off Designs Geographical indications General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Copyright infringement—the own intellectual creation test and admissions ( THJ Systems Ltd v Sheridan) In THJ Systems Ltd v Sheridan [2023] EWCA Civ 1354, the Court of Appeal ruled that, although the first‑instance judge applied the wrong test, the High Court nonetheless reached the correct outcome: copyright subsisted in multiple features of the software’s graphic interface. The court also concluded that the defendants were not entitled to resist infringement on the footing that there had been no UK communication, having regard to their pleaded case and their admission. This decision will be of marked interest to IP specialists, as it confirms the proper own intellectual creation test and clarifies its application when assessing...
Overview Section 77 of the Courts and Civil ( Miscellaneous Provisions) Act 2023 ( Ireland) updates section 117 of the Data Protection Act 2018 ( Ireland) ( DPA 2018 ( IRL)), granting the District Court the power to hear and determine data protection actions, and this change is now in force. The expansion of jurisdiction to handle data protection claims is a positive development, set against the backdrop of the recent Kaminski v Ballymaguire Foods Ltd [2023] IECC 5, where it was determined that modest compensation......
In this issue: Practice and procedure Relationship breakdown Public children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure HM Courts and Tribunals Service ( HMCTS) has refreshed its guidance on ‘ How to join a Cloud Video Platform ( CVP) hearing’ after the launch of an updated CVP version. See: LNB News 15/01/2024 33. The President of the Family Division, Sir Andrew Mc Farlane, has confirmed that the Transparency Implementation Group reporting pilot, first run in the Family Courts at Leeds, Cardiff and Careless, will be widened to 16 additional courts across England, with rollout beginning on 29 January 2024. See: LNB News 12/01/2024 71......
What impact do you consider the new Failure to Prevent fraud offence and expansion of corporate criminal liability for economic crimes will have for businesses and the lawyers advising them? The new Failure to Prevent ( FTP) fraud offence is intended to embed a culture of stronger fraud prevention within organisations, echoing the FTP bribery regime. Set out in section 199 of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), it applies to ‘relevant bodies’ where an ‘associate’ commits fraud to benefit the relevant body or ‘any person to whom, or to whose subsidiary undertaking, the associate provides services on behalf of the relevant body’... The scope surpasses section 7 of the Bribery Act 2010 ( BA 2010). Those automatically treated as ‘associates’ include employees, agents and subsidiaries; this also covers employees of subsidiaries and any individual performing services for or on the...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental reporting, management and responsible business Environmental taxes, reliefs and incentives ESG and sustainability Waste Waste producer responsibility regimes Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change TCPA publishes White Paper about planning for climate change The Town and Country Planning Association, together with the Royal Town Planning Institute, has released a White Paper titled ' The Climate Crisis: A Guide for Local Authorities on Planning for Climate Change'. It outlines the pivotal part of the planning system in creating low‑carbon places by boosting energy efficiency, sustainable transport and renewable energy. It also emphasises that long-term, strategic planning is essential to design measures that shield places from extreme weather. See: LNB News 17/01/2024 64. PINS reports on consent for Drax Bioenergy with Carbon Capture and...
In this issue: Accountability, culture and social governance Prudential requirements Banks and mutuals Operational resilience Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Markets and trading Dispute resolution for financial services lawyers Regulation of derivatives Mi FID II Consumer credit, mortgage and home finance Crowdfunding Sustainable finance and ESG 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 Dates for your diary Accountability, culture and social governance Treasury Committee publishes summary of ‘ Sexism in the City’ engagement event The Treasury Committee has issued a synopsis of the ‘ Sexism in the City’...
In this issue: Public company takeovers Market Standards Economic Crime and Corporate Transparency Act 2023 Accounts and reports General meetings; schemes of arrangement Key developments and horizon scanning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public company takeovers Takeover Panel releases bulletin on Rule 20.1 and representative directors The Takeover Panel has issued Panel Bulletin 6 on how Rule 20.1 of the Takeover Code operates, requiring equal information to be available to shareholders of an offeree company ( Offeree) and to those with information rights. It reminds participants in an actual or potential offer to consider Rule 20.1 where a representative director of the Offeree, who represents a shareholder of the Offeree, receives information from the Offeree and that information is passed to the...
In this issue: Budget and Finance Bill International Companies and corporation tax VAT Employment taxes Finance Taxes management and litigation Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Budget and Finance Bill Spring Budget 2024 date confirmed HM Treasury has now announced that the Spring Budget 2024 is scheduled to take place on 6 March 2024. Finance Bill 2024 update Finance Bill 2024 passed the House of Commons Committee of the Whole House on 10 January 2024, and the Public Bill Committee on 16 January 2024. The report stage and the third reading will proceed on a date still to be announced. For comprehensive tracking of the progress of Finance Bill 2024, see: Tax— Finance Bill 2024 tracker. CIOT publishes briefings on Finance Bill 2024...
In this issue: International arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments The Arbitration Blog New Law Journal Daily and weekly news alerts New and updated content International arbitration Hong Kong—illegality as a defence—public policy— Article 34 of the UNCITRAL Model Law In G v N [2023] HKCFI 3366 (not reported by Lexis Nexis®), the Hong Kong Court of First Instance ( HKCFI) paused an application to set aside enforcement of an arbitral award, and, invoking Article 34(4) of the UNCITRAL Model Law (given effect by section 81 of the Hong Kong Arbitration Ordinance, Cap. 609 (‘ AO’)), remitted the matter to the arbitrator so the arbitrator could resume the arbitral proceedings and reassess alleged illegality under Hong Kong law. The AO does not permit appeals against an arbitrator’s findings of fact or law (save where...
Beyond the items reported in detail in the Financial Services news feed dated 18 January 2024, subscribers may wish to note the following additional developments of interest: ESMA: Response to public consultation EC targeted consultation on OTC ......
Ministers are reviewing the framework of rules for bringing private prosecutions as anger mounts over the Post Office’s pursuit of blameless sub‑postmasters for theft and false accounting, an episode widely seen as among the gravest miscarriages of justice in UK legal history. Although no proposals have yet been set out, boutique practices and City lawyers who specialise in private prosecutions are uneasy, monitoring events closely, amid concerns that the backlash could inflict unintended harm. Polly Sprenger, a former Serious Fraud Office ( SFO) investigator and now a partner at Addleshaw Goddard LLP, warned that a sweeping reaction against private prosecutions risks throwing the baby out with the bathwater if change is rushed. Jonathan Rogers, a University of Cambridge professor and co‑deputy director of the Cambridge Centre for Criminal Justice, suggested ministers will still wait to consider the ongoing public inquiry’s...
In this issue: Working time and flexible working Tax Financial services and banking: employment issues Maternity, parents and carers Industrial action Settlement Employment Tribunals Immigration New and updated content Daily and weekly news alerts Dates for your diary Trackers New Q& As Working time and flexible working Acas publishes a revised Code of Practice on requests for flexible working The Advisory, Conciliation and Arbitration Service ( Acas) has released its updated Code of Practice on handling requests for flexible working. The revised Code is set to take effect in April 2024; until then, the existing Code will remain in force. The Draft Code was first issued for consultation by Acas in July 2023, with the consultation closing on 6 September 2023. See: LNB News 11/01/2024...
In this issue: Transferring property Property management Statutory compliance Property development Easements, rights and covenants Agricultural property Property taxes Key developments and horizon scanning Additional property updates this week Daily and weekly news alerts Trackers New Q& As Transferring property Valid transfer to widow of King of Saudi Arabia The Business and Property Courts in Asturion Fondation v Alibrahim [2023] EWHC 3305 ( Ch) dismissed the claimant’s contention that a transfer by its Liechtenstein foundation to the defendant was invalid. The court concluded the individual acting for the claimant executed the transfer within his powers, and it did not conflict with the foundation’s purposes. See: [2024] All ER ( D) 43 ( Jan). Analysis to follow. Order for sale to satisfy debt—sham trust deed In Al Saud v Gibbs [2023] EWHC 3183 ( Ch), the...
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 ]...