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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Designs General IP Copyright & associated rights IP rights and competition law Lex Talk®IP: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Useful information Designs IPEC struck out claim for account of profits in actionable threat proceedings ( Luxe World v Touch of Vogue) The Intellectual Property Enterprise Court ( IPEC) considered a defence application to remove Luxe World’s request for an account of profits as a form of relief in a claim alleging actionable threats of proceedings for infringement of a registered design. The defendants additionally applied for an order compelling Luxe World either to quantify the value of its claim or to pay the full court fee of £10,000 in place of the £646 already tendered. The court held that an account of profits cannot be granted as a...
In this issue: 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 Internet Ofcom provides update on X’s investigation over reported Grok-generated sexualised imagery Ofcom has issued a further update on its ongoing probe into X after reports that the platform’s Grok AI chatbot account was used to create and circulate demeaning sexual deepfakes of real people, including children. Having contacted X on 5 January 2026 and opened a formal investigation on 12 January 2026, Ofcom says X has indicated it has since introduced steps to tackle the problem. The regulator notes it is continuing to work with the Information Commissioner’s Office ( ICO), which has launched its own...
In this issue: Key developments and horizon scanning Residential tenancies Trespass and adverse possession Rent and rates Disputes and remedies Service charges Repairing obligations and dilapidations Electronic communications Easements and covenants Additional Property Disputes updates Lex Talk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& As Key developments and horizon scanning BPF and Law Commission comment on draft Commonhold and Leasehold Reform Bill The British Property Federation ( BPF) has replied to the draft Commonhold and Leasehold Reform Bill, warning that mooted ground rent caps may undermine investments held by pension schemes and other institutional backers. It argued that those investors, who acted in good faith to meet pension promises, ought to receive appropriate...
What are the practical implications of this case? This ruling distils several concrete lessons for practice. It emphasises the strict procedural framework for annulment. Within the statutory window—five months for foreign parties and three months for others, typically with the first appeal submissions—applicants must pinpoint the exact operative heads (‘chefs décisoires’) they contest. Broad, catch‑all wording will not suffice, and any later effort to widen the challenge will be ruled inadmissible. Practitioners should therefore front‑load their case and draft with rigour from the outset of the appeal. The court also confirms the narrow reach of review under Article 1520 of the French Code of Civil Procedure (the CCP). Allegations of due process breaches, excess of mandate, or infringement of international public policy will not succeed where they merely repackage disagreements with the tribunal’s contractual...
Key developments and materials In this issue Air emissions and climate change Contamination and pollution Energy efficiency and buildings Environmental disputes and proceedings Environmental information Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage New and updated content Daily and weekly news alerts Key energy law developments—end-of-year review 2025 and horizon scanning in 2026 Following another hectic year, the Lexis Nexis® Energy team surveys the standout energy law developments from 2025 and scans ahead to spotlight likely themes in 2026. The round-up spans overarching energy policy, grid connections reform, hydrogen, carbon capture, usage and storage ( CCUS), greenhouse gas removals ( GGR), the Review of Electricity Market Arrangements ( REMA), long duration electricity storage ( LDES), the Contracts for Difference ( Cf D) regime, the Capacity Market, Great British Energy, nuclear energy, oil and gas, and planning activity across the energy...
In this issue: Probate Court of Protection Spouses, civil partners and cohabitees UK taxation for Private Client Updates to HMRC Manuals Tax avoidance, evasion and non‑compliance Private Client regulatory compliance Budgets and Finance Bills Digital assets and cryptoassets Disputed trusts and estates Pensions, insurance and tax‑efficient investments International matters Question of the Week Daily and weekly news updates Lex Talk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q& As Useful information Probate Executor misconduct: injunctions, removal and indemnities ( Re Organ; House v Helme) The court granted an order restraining two executors (one a solicitor) from dissipating Estate assets until the claim for their removal was determined. It then appointed a trust corporation to act in their stead, required them to pay the beneficiaries’ costs assessed on the indemnity basis, and concluded the executors had no right of indemnity for the costs of the proceedings......
Mark Glenn Ltd V HMRC [2026] UKUT 34 ( TCC) The appellant provided a service known as the Kinsey System to clients experiencing hair loss. This method entails placing a bespoke wig over the affected area, with extra wig mesh added where needed, allowing the unit to adhere like a second skin and remain securely positioned; natural hair is drawn through the mesh to blend with the wig hair. After fitting, the hair is cut and styled to complete the overall look. Clients are anticipated to attend follow-up appointments roughly every six weeks. The central issue concerned the extent of zero-rating available for supplies to those who are chronically sick or disabled. The First-tier Tax Tribunal ( FTT) held that the appellant’s supplies attracted VAT at the standard rate, being beyond the ambit of the zero rate......
See Q& A: Can executors pay inheritance to a beneficiary who is subject to a debt relief order? Are there are any additional precautions the executors should take? A Debt Relief Order ( DRO) is a statutory scheme designed to offer relief to individuals with debts that are unmanageable yet comparatively small, at low cost, for situations where bankruptcy would be a disproportionate step. The regime is set in Part 5 of the Tribunals, Courts and Enforcement Act 2007, which introduced Part 7A into the Insolvency Act 1986 ( IA 1986)......
Private actions The CAT has issued an order in Infederation Ltd v Google LLC and Others, concerning an admissibility application in a private damages claim brought by the price-comparison website Foundem against Google, arising from the European Commission’s 2017 Google Search ( Shopping) infringement decision ( Case AT.39740). The CAT’s order dismisses Google’s bid to exclude the witness statements in their entirety, confirming that, where appropriate, witnesses of fact may provide opinion evidence informed by their own expertise and experience, and that such material is not automatically inadmissible solely because the witness is not independent—see further, order. NOTE— For live UK private actions that have been made public, see the UK private actions—ongoing cases tracker. Upcoming dates— For details of forthcoming UK competition developments, see the UK Competition calendar......
Market studies CMA adopts updated guidance for markets regime The CMA has implemented refreshed guidance describing its approach to the markets regime under the Enterprise Act 2002 (updated Markets Regime Guidance). This consolidated document unifies the CMA’s guidance on market reviews, market studies, market investigations, and on overseeing and reassessing remedies. Updated Markets Regime Guidance Following its 2024 consultation, the updated Markets Regime Guidance captures changes brought in by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA), evolutions in the CMA’s practice over time, and the CMA’s drive to simplify and harmonise its markets regime guidance, including via the ‘4Ps’ framework (pace, predictability, proportionality, and process)......
EU steelmakers saw exports to the US fall sharply after Washington doubled import tariffs last year, highlighting the immediate exposure of the sector to the measure. Between July and November 2025 — the initial five months following the jump from 25% to 50% — EU steel deliveries to the US were down 25% year on year, according to export data reviewed by MLex. In volume terms, EU steel sales to the US across July– November slipped from 1.58 million metric tonnes in 2024 to 1.18 million metric tonnes in 2025, the figures show. The dataset covers shipments of semi-finished products such as slabs and billets, along with finished steel including bars and coils, plus steel tubes. In June last year, US President Donald Trump announced the tariff rise under Section 232, targeting global imports of steel and aluminium after......
EU financial services developments SRB consults on proposed streamlining of its guidance on Business Reorganisation Plan Analysis Reports The Single Resolution Board ( SRB) has opened a consultation to refine and simplify its guidance for Business Reorganisation Plan ( BRP) Analysis Reports. After a bail-in is executed, institutions must draft and submit a BRP within one month. To evidence their ability to meet this, banks are asked to produce a BRP Analysis Report during the resolution planning stage. The draft guidance consolidates the SRB’s current demands for these reports into one document, aligning with the push for simplification. Feedback is invited by 30 March 2026. The SRB will convene with the banking sector and other pertinent stakeholders on 3 March 2026 to clarify queries ahead of the consultation’s close. The updated guidance introduces no additional expectations......
RA, SA and GA v Federatie Der Belgische Diamantbeurzen vzw ECLI: BE: CASS:2025: CONC.20251127.1N.9 What are the practical implications of this case? In its ruling, the Supreme Court held that Belgian civil courts lack power to issue anti-arbitration injunctions. Accordingly, any party disputing the tribunal’s competence must do so promptly within the arbitration. The tribunal will then independently determine its jurisdiction, covering the existence, validity, and breadth of the arbitration clause. Belgian courts, even when asked for interim or protective relief or faced with claims on the merits, cannot halt or discontinue pending arbitrations. At the post-award phase, if properly seized, they may annul or deny recognition and enforcement of an award where the arbitration agreement is shown to be void. What was the background? The claimants were, until December 2022, members of one of the diamond bourses within the Federation of Belgian Diamond Bourses ( FBDB). On 26 July...
Mergers The Commission approved BRF Gmb H and Halal Products Development Company taking joint control of One Foods Holdings Limited ( M.12233) after a phase I review—see further, Midday Express Notifications were lodged for: Blackstone/ Tinicum/ Pennaero/ Trimas Aerospeace ( M.12252) (simplified merger procedure) Sennder/ LKWE/ Truckerpoints ( M.12245) (simplified merger procedure) Apollo Funds/ Prosol Group ( M.12291) (simplified merger procedure) The public version of the phase I decision in Global Payments/ Worldpay ( M.12006) is now available—see further, decision NOTE— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid The General Court delivered an order in Case T‑201/25 Poland v Commission, challenging the...
Foreign Subsidies Regulation Commission launches in-depth investigation into Goldwind under the FSR The Commission has opened a detailed probe pursuant to Regulation 2022/2560 on foreign subsidies that distort the internal market ( Foreign Subsidies Regulation ( FSR)), examining the operations of Goldwind Science & Technology Co., Ltd ( Goldwind) in manufacturing and selling wind turbines, as well as delivering associated services within the EU. In effect since 12 October 2023, the FSR empowers the Commission to tackle distortions arising from foreign subsidies and, in doing so, enables the EU to uphold a level playing field for all businesses active in the internal market, whilst staying receptive to trade and investment. This initiative safeguards fair competition for firms across the EU......
4 Wheeler Ltd v The Pensions Regulator [2026] UKFTT 153 ( GRC) What are the practical implications of this case? In 4 Wheeler Ltd v The Pensions Regulator, the First-tier Tribunal ( FTT) struck out the employer’s appeal against four automatic enrolment penalty notices issued in 2022 and 2023 for want of jurisdiction. Although the missed statutory deadlines were not contested, the pivotal questions were whether the notices had been duly ‘issued’ and whether the appeal gateways in section 44 of the Pensions Act 2008 ( PA 2008) were satisfied. The FTT concluded that The Pensions Regulator ( TPR) had met its burden by showing all four notices were properly issued to the appellant—sent to the correct address and received—and that neither jurisdictional condition in PA 2008, s44(2) was fulfilled, as TPR had not conducted a review and no valid...
RMK Maritime ( Europe) Ltd and another company v CMB. Tech NV (formerly known as Euronav NV) [2025] EWHC 2739 ( Comm) What are the practical implications of this case? The judgment has notable consequences for commercial lawyers advising on professional services contracts, M& A advisory mandates, and restitutionary claims. Prevalence of contract over restitution The court confirmed that unjust enrichment is a fallback doctrine, ordinarily inapplicable where a binding contract regulates the parties’ dealings. Even where certain services might be said to sit beyond the precise contractual remit, a restitutionary claim will fail if it would cut across the contractually agreed allocation of risk and remuneration. Legal force of NOM clauses and variation provisions The advisory agreement required any change to scope to be recorded in writing and signed by authorised representatives. The court regarded this as compelling evidence that informal...
Seema Malhotra told a debate in the House of Commons on 28 January 2026 that the government intends to bring forward the Equality ( Race and Disability) Bill. The measure represents a Labour Party manifesto pledge. It would introduce new compulsory reporting requirements on the pay gap for employers with more than 250 staff members and codify a right to equal pay for disabled and ethnic minority workers, mirroring the protection already in place for women. However, Malhotra did not set out any timetable for presenting a draft bill. She stated to MPs only that at present......
Kearney v HMRC [2026] UKFTT 125 ( TC) The taxpayer operated a thriving property development and investment business in Northern Ireland. In 2004, he purchased a property in Gibraltar and believed he had thereafter become non- UK resident for tax purposes. HMRC took a different view, issuing discovery assessments for 2004–05 to 2006–07 on the footing that he remained UK resident, and also a closure notice for 2009–10 on the same premise. Penalty determinations followed for negligence (and, in 2009–10, carelessness) because, although he had obtained professional advice on becoming non-resident, he had not exercised reasonable care to implement it. Three issues were before the FTT. The first was whether he was UK resident in the disputed years. That question formed the core of the dispute. The FTT held that, on the evidence presented, he had not meaningfully loosened his UK ties and so...
High Tech Construction Ltd v WLP Trading and Marketing Ltd [2026] EWHC 152 ( TCC) What was the background? The quarrel arose from building works to a WLP-owned housing scheme. HTC undertook works from early 2023 through July 2024, encompassing groundworks, substructure activities and reinforced concrete frame works. HTC asserted that a JCT Design and Build Sub- Contract ( DB/ Sub/ A 2016) was agreed in January 2023 (the January JCT Contract), allegedly signed at a meeting on 26 January 2023 and subsequently distributed by email in June 2023. On HTC’s account, that agreement covered all of the works and fixed a sub-contract price of about £2.39 million (excluding VAT). HTC maintained that, aside from about £250,000 paid, WLP left a sizeable balance unpaid. WLP’s stance was markedly different. It denied any binding JCT agreement was ever formed and alleges the document invoked by HTC was...
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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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