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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Repairing duties and dilapidations Neighbour and party wall disagreements Easements and covenants Disputes and remedies Lex Talk®Property Disputes: a Lexis®Nexis community Further property dispute updates Daily and weekly news alerts New and refreshed content Dates for your diary Trackers Latest Q& As Repairing obligations and dilapidations Establishing principal accountable person responsible for higher-risk buildings ( Octagon Overseas Ltd v Unsdorfer) In Octagon Overseas Ltd v Unsdorfer [2024] All ER ( D) 62 ( Jan), [2023] Lexis Citation 2492, the First-tier Tribunal ( Property Chamber) (the FTT) examined the applicant landlords’ application under section 75 of the Building Safety Act 2022 ( BSA 2022) to determine the principal accountable person ( AP) as defined by BSA 2022, s 72, concerning five higher-risk buildings (the buildings) within the Canary Riverside Estate (the Estate). The first respondent ( SU) was the tribunal-appointed manager of the Estate under section 24 of the Landlord and Tenant Act 1987 ( LTA...
In this issue: Key developments UK immigration control: how it works Sponsored Work Family members under Part 8 and Appendix FM EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New Q& A Key developments Future developments— Immigration calendar Note that our Immigration calendar outlines key forthcoming developments for business immigration advisers. Immigration ( Health Charge) ( Amendment) Order 2024, SI 2024/55 This Order updates the Immigration ( Health Charge) Order 2015, SI 2015/792. It also formally clarifies, in legislation, the exemptions currently in operation from paying the Health Charge for applicants on the Ukraine Schemes and the Statelessness immigration route. In addition, by replacing obsolete terminology, it ensures existing waivers from the Health Charge for certain NHS workers, their dependants and specified protection cohorts are...
The Serious Fraud Office ( SFO) From 15 January 2024, the Economic Crime and Corporate Transparency Act 2023 confers fresh powers on the SFO, enabling it to require suspected fraudsters and businesses to provide material relevant to enquiries. Before this shift, the agency could obtain corporate evidence without launching a formal investigation in overseas bribery and corruption matters. The reforms now broaden that ability, applying it to fraud, as well as to domestic bribery and corruption cases......
Antitrust AG proposes Court of Justice should dismiss the Commission’s appeal in Intel Advocate General Medina has delivered her opinion in Case C- 240/22 Commission v Intel, the appeal challenging the General Court’s ruling in Case T- 286/09 RENV (after a remittal from the Court of Justice), which set aside in part the Commission’s decision of 13 May 2009 that had found an infringement and levied a fine on Intel Corporation ( Intel) for the alleged abuse of a dominant position tied to conditional rebates and loyalty payments ( Case AT.37990). She advised that the Court of Justice should reject the Commission’s appeal. Acting on the Court of Justice’s invitation, the Advocate General concentrated principally on two of the six grounds of appeal. Those two grounds asserted that the General Court had made a series of errors and violated the...
ISDA launches clause library for sustainability-linked derivatives ( SLDs) ISDA has introduced a clause library for sustainability-linked derivatives ( SLDs), created to remove unnecessary differences and enhance standardisation within this market, delivering a negotiation process that is smoother, more consistent and more efficient overall......
In this issue: Children’s social care Judicial Review Social housing Education Social care Healthcare Planning Highways Daily and weekly news alerts New and updated content Children’s social care Local authorities and the assumption of responsibility to protect children ( HXA v Surrey County Council and another party) This appeal, brought by the defendant councils Surrey County Council and Wolverhampton County Council, examined when local authorities are taken to have assumed responsibility to safeguard children. The applicants, HXA and YXA, were minors when they suffered sexual or physical abuse by a parent or a parent’s partner. They contended that the councils owed them a common law duty of care, as children, to protect them from such harm. At first instance, and on appeal to a High Court judge, the councils succeeded in having the claim struck out under the...
In this issue Sustainable finance and ESG round–up Economic Crime and Corporate Transparency Act 2023 Lending Aviation finance Debt capital markets Derivatives Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round–up Sustainable finance and ESG weekly round–up For a summary of this week’s Sustainable finance and ESG developments, see: Sustainable finance and ESG weekly round–up—18 January 2024. Economic Crime and Corporate Transparency Act 2023 Economic Crime and Corporate Transparency Act 2023 ( Consequential, Supplementary and Incidental Provisions) Regulations 2024 SI 2024/ Draft: These proposed Regulations would amend primary and secondary legislation where required as a consequence of, or supplementary or incidental to, the commencement of specified provisions of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). They will commence when ECCTA 2023, s 1 takes effect. See: LNB News...
In this issue: Biodiversity Planning for nationally significant infrastructure Building regulations Planning appeals Daily and weekly news alerts New and updated content Latest Q& A Related Documents Biodiversity Biodiversity net gain requirements come into force from 12 February 2024 The Environment Act 2021 ( Commencement No. 8 and Transitional Provisions) Regulations 2024, SI 2024/44 were made on 17 January 2024, activating the biodiversity net gain provisions of the Environment Act 2021 from 12 February 2024. As a result, planning permissions in England (subject to specified exceptions) granted on applications lodged under the Town and Country Planning Act 1990 on or after 12 February 2024 will carry a condition requiring the biodiversity value delivered by the scheme to exceed the site’s pre-development biodiversity value by a minimum of 10%. The statutory biodiversity net gain duty was...
Transworld Payment Solutions UK Ltd v First Curacao International Bank NV [2023] EWHC 2407 ( Ch) What are the practical implications of this case? The decision sets out, with frequent reference to earlier authorities, how the court approaches the question of whether to exercise its unfettered discretion to grant a CMO under CPR 3.12(1)(e). While the power is broad, a range of pertinent factors must still be evaluated. Notably for insolvency practitioners and those financing insolvency proceedings, the court placed significant weight in favour of making the order on the fact that the action was pursued by a liquidator, for the benefit of creditors, with litigation funding, notwithstanding that the liquidator could earn substantial remuneration if recoveries surpassed 50%. A CMO offers certainty around potential costs exposure, allowing all parties—particularly the liquidator—to manage risk, for example by arranging...
In this issue: Funding Pensions scams and litigation Contracting-out and equalisation Data Protection Daily and weekly news alerts New content Dates for your diary Trackers Funding Govt responds to Committee’s concerns about potential impact on open schemes from new DB funding regime The Work and Pensions Committee has posted on its website a letter from the Pensions Minister, Paul Maynard MP, replying to the Committee’s earlier correspondence of 19 July 2023 to the then Pensions Minister, Laura Trott MBE MP, which raised worries about the possible effects on open defined benefit schemes of the government’s proposed new DB funding framework. In his 18 December 2023 response, the Minister says there is no case for a separate regime for open schemes, which could enable inappropriate gaming, yet these schemes should not be driven into an unsuitable...
In this issue: Intellectual property Data protection and confidential information Disputes and regulatory enforcement Regulatory framework for medicinal products Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Intellectual property High Court SPC ruling on ex tunc application of Court of Justice judgments ( Merck v Comptroller- General) The matter ( Merck Serono v The Comptroller General of Patents, Designs and Trade Marks) concerned Merck’s recent challenge to a UK Intellectual Property Office ( IPO) ruling that its supplementary protection certificate ( SPC) bid for the medicine cladribine contravenes Article 3(d) of Regulation ( EC) 469/2009 (the SPC Regulation). In short, marketing authorisations ( MAs) had already been issued for the active substance. On appeal, Merck invited the court to decline to follow the Court of Justice of the European Union’s ruling in Santen ( Case C-673/18)—which overturned Neurim ( Case C-130/11) and held that a new...
Re K ( Children) ( Powers of the Family Court) [2024] EWCA Civ 2, [2024] All ER ( D) 28 ( Jan) What are the practical implications of this case? Delivered by Sir Andrew Mc Farlane, President of the Family Division and Head of Family Justice, the leading ruling sets out a clear, accessible scheme for practitioners. It also offers practical assistance, in practice, whenever the powers of the Family Court, as opposed to those of the Family Division of the High Court, fall to be determined, and equally when the authority exercisable by a particular level of judge within the Family Court—whether lay justices, district judges, circuit judges—is challenged or needs clarification......
Mergers The CMA has released the public version of its phase 1 decision, sending the expected purchase of Mick George by Hanson Quarry Products Europe Limited to a phase 2 probe. It also issued a decision indicating that undertakings in lieu could be accepted—see further, phase 1 decision and decision that undertakings might be accepted. Note— For all active mergers before the CMA, see further, UK mergers—ongoing cases tracker. Upcoming dates: For dates of forthcoming UK competition developments, see further, UK Competition calendar......
In this issue: Mandatory payroll reporting on benefits of kind to apply from April 2026 HMRC Manuals tracker Useful Information Weekly highlights from other practice areas Mandatory payroll reporting on benefits of kind to apply from April 2026 This week, the government unveiled a package of measures intended to streamline and modernise the tax system. Included is confirmation that, from April 2026, employers will be required to use payroll software to report and pay income tax and class 1A national insurance contributions on benefits in kind. HMRC has indicated it will engage with stakeholders to consider proposals that shape design and delivery decisions, with draft legislation to be issued later in the year as part of the tax legislation process. HMRC will also partner with industry specialists to develop guidance, which will be available ahead of 2026. Further details will be communicated through the usual channels, such as...
Risk & Compliance weekly highlights—18 January 2024 In this issue: Risk & Compliance forecast as at 16 January 2024 Data protection AML, CTF & counter-proliferation financing Cybersecurity Question of the week Daily and weekly news alerts New and updated content Risk & Compliance forecast as at 16 January 2024 Our latest Risk and Compliance forecast (as at 16 January 2024) is now available. This month we cover: (1) developments on the EU directive concerning corporate sustainability due diligence; (2) the Data Protection and Digital Information Bill reaching its second reading; (3) an LSB review into the circumstances preceding the SRA’s Axiom Ince intervention; and (4) a fresh ICO consultation on generative artificial intelligence ( AI). See News Analysis: Risk and Compliance forecast as at 16 January 2024. Data protection ICO fines home improvement companies £250,000 for breaching PECR 2003 The...
In this issue: Data protection e Privacy Cybersecurity Reputation management Databases Daily and weekly news alerts New and updated content Data protection Consultation on lawful basis for web scraping to train generative AI models opens The Information Commissioner’s Office ( ICO) has started a consultation series on generative artificial intelligence and is asking stakeholders to help shape ICO policy on how the purpose limitation principle applies to the development and deployment of generative AI, and on expectations for complying with the accuracy principle and data subject rights. The first chapter focuses on the lawful basis for training generative AI models with web-scraped data and is accepting responses until 1 March 2024. See: LNB News 15/01/2024 62. European Commission finds 11 existing adequacy decisions may remain in place The European Commission, following its review of the 11 adequacy decisions adopted under Article 25(6) of...
The UK government has revealed it has entered into a new Memorandum of Co-operation with Japan to bolster public–private collaboration in cyber across the UK and Japan. This......
In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Health and safety and corporate manslaughter offences Corporate Crime in Scotland International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence BCS urges review of law of reliability on computer evidence The British Computer Society ( BCS) has called for a rethink of the rule that presumes computer-based evidence is reliable, in the wake of the Post Office scandal which resulted in over 700 convictions of sub-postmasters founded on computer data. BCS wants the legal presumption that computer systems’ data are always accurate—and that the prosecution has no burden to prove this—to be...
In this issue: Building Safety Adjudication Litigation Environmental issues Payment Construction sector news Daily and weekly news bulletins New and revised content Construction trackers Building Safety Building Safety Act 2022 ( Commencement No.6) Regulations 2024 Under the Building Safety Act 2022 ( Commencement No.6) Regulations 2024, SI 2024/40, additional provisions in Part 4 of the Building Safety Act 2022 took effect on 16 January 2024. Part 4 of the BSA 2022 addresses the management of risks and other matters for occupied HRBs in England, including the occupation‑phase requirements of the HRB regime. The provisions commenced cover ss 79–81, which impose the principal accountable person ( PAP)’s duty to apply for building assessment certificates; ss 83–84, which define the PAP’s obligations for managing building safety risks; and further requirements regarding information the PAP must supply to 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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