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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Patents Trade marks/passing off Copyright Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Patents AI machines cannot be inventors under the UK Patents Act ( Thaler v Comptroller- General) An appeal to the Supreme Court in Thaler v Comptroller- General of Patents, Designs and Trade Marks [2023] UKSC 49 concerned two UK patent applications that had been personally submitted by the appellant, Dr Thaler. When lodging those applications, he identified an artificial intelligence ( AI) system he owns, called DABUS, as the inventor. The court was asked to decide three principal questions: (i) whether the term ‘inventor’ in the Patents Act 1977 ( PA 1977) extends to AI systems; (ii) whether the owner of an AI system would be the owner of any invention it devises; and (iii)...
In this issue: Data protection Cybersecurity Reputation management Public sector information Daily and weekly news alerts New and updated content Data protection EU Data Act published in Official Journal Regulation ( EU) 2023/2854 of the European Parliament and of the Council, dated 13 December 2023, setting harmonised rules on fair access to and use of data, and amending Regulation ( EU) 2017/2394 and Directive ( EU) 2020/1828 (the EU Data Act), has now appeared in the Official Journal. See: LNB News 22/12/2023 31. CJEU clarifies case on right to compensation for damage under EU GDPR The Court of Justice of the European Union ( Third Chamber) ( CJEU) has confirmed, in case C-667/21, ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts, that Article 82 of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), serves a...
What are the practical implications of this case? The Hong Kong court has once more emphasised the separation between the remit and authority of a supervisory court and an enforcement court. In applying the Ordinance, it will construe the refusal grounds for enforcement strictly and narrowly, and will decline to entertain fresh or recycled arguments already dismissed by the arbitral tribunal or the supervisory court. The court may, moreover, exercise its discretion to grant enforcement even where refusal grounds are technically made out. It further draws a clear distinction between an order setting aside an award—being the sole avenue of recourse against an arbitral award under the New York Convention regime—and an order terminating or staying enforcement proceedings before the seat court, which does not undermine the award’s validity or binding force......
In this issue: UK competition policy EU competition policy Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK competition policy CAT publishes Practice Direction concerning disclosure and the management of confidential information The CAT has issued Practice Direction 1/2024 on handling confidential material during disclosure. It is designed to resolve difficulties arising because confidentiality rings have become increasingly complex and onerous to administer. Such arrangements often comprise ‘inner’ and ‘outer’ tiers, and material is at times shared with the ‘outer’ tier without the thorough assessment—required by Rule 101(4) of the CAT Rules—of the sensitivity of the information and the potential adverse effects of disclosure. The Direction clarifies that, going forward, the CAT will adopt as its starting point the prohibition in Rule 102, under which any party receiving information in CAT...
The new general code of practice First set out in 2021, the code defines TPR’s expectations for the sector and brings in a new obligation for trustees to conduct routine performance reviews, termed ‘own risk assessments’. TPR noted that although many trustees have lifted governance standards, some still risk falling short. ‘ Those that do not meet the code’s expectations should take action to improve their scheme’s governance’, said Louise Davey, TPR interim director of regulatory policy......
In this issue: Data protection Financial sanctions AML, CTF and counter-proliferation financing Other financial crime Other Risk & Compliance updates this week Daily and weekly news alerts New and updated content Data protection MLex reports that the UK’s post‑ Brexit push to reshape its data protection regime is running into “choppy waters” in Parliament, a lawmaker has cautioned, while the country’s chief privacy regulator has aired concerns about proportionality. See News Analysis: UK data reform faces choppy waters from lawmakers over EU data adequacy, online safety. The Court of Justice of the European Union ( Third Chamber) has confirmed, in case C‑667/21, ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts, that Article 82 of Regulation ( EU) 2016/679 ( EU GDPR) has a compensatory aim. Awards under Article 82 must deliver full and effective...
In this issue: Economic Crime and Corporate Transparency Environmental, social and governance issues Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Economic Crime and Corporate Transparency Companies House sets out March 2024 measures following ECCTA 2023 The Chief Executive and Registrar of Companies House, Louise Smyth, has outlined a series of changes taking effect from March 2024, after the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) secured Royal Assent in October 2023. ECCTA 2023 introduces wide-ranging reforms to enhance corporate transparency, improve the reliability of information held by Companies House, and strengthen its intelligence functions to support victims of fraud through new and improved approaches. The measures will be implemented in phases to give both companies and Companies House time to prepare. A significant portion of the regime will rely on...
In this issue: Financial sanctions AML, CTF and counter-proliferation financing Other financial crime Data protection Other Practice Compliance updates this week Daily and weekly news alerts New and updated content Financial sanctions DBT updates guidance on compliance with sanctions related to Russia: The Department for Business and Trade and the Export Control Joint Unit have refreshed the guidance titled ' Complying with professional and business services sanctions related to Russia', adding new sections on the aims of the prohibitions, compliance and scope. See: LNB News 02/01/2024 44. OFSI amends General Licence— INT/2022/1280876: The Office of Financial Sanctions Implementation has revised General Licence INT/2022/1280876, replacing the name ' VTB Bank ( Europe) SE' with ' OWH SE' in the definition of an ' EU subsidiary'. The licence is issued under regulation 64 of the Russia (...
In this issue: Contractual issues Enfranchisement and right to manage Disputes and remedies Service charges Enforcing security and property insolvency Residential tenancies Property disputes in Scotland Lex Talk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Latest Q& A Contractual issues Valid exercise of three options and specific performance of resulting sale contracts ( IAA Vehicle Services Ltd v HBC Ltd) In IAA Vehicle Services Ltd v HBC Ltd [2024] All ER ( D) 15 ( Jan); [2024] EWHC 1 ( Ch), the Chancery Division granted the claimant’s request for a declaration that three options had been effectively exercised and were binding on the defendant, and ordered specific performance of the ensuing sale contracts. The court determined, among other matters, that the...
In this issue: Trusts Court of Protection UK taxes for Private Client Family businesses and ownership structures HMRC Manuals updates Tax avoidance, evasion and non-compliance Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland 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 Trusts UK government consults on transparency of land ownership involving trusts The Department for Levelling Up, Housing and Communities, the Department for Business and Trade, HM Treasury and HMRC have opened a consultation to improve clarity where trusts feature in land ownership structures. They seek targeted input on...
Digital markets CMA publishes report setting out how it intends to implement the new Digital Markets Regime The CMA has issued a report outlining how it plans to run the forthcoming Digital Markets Regime envisaged under the Digital Markets, Competition and Consumers ( DMCC) Bill. Prepared at the request of government ministers, the document explains the CMA’s intended approach to putting the new digital markets regime into practice. It sets out the purpose of the digital markets competition regime and clarifies the CMA’s role. The report describes the beneficial outcomes the authority aims to deliver, and the kinds of harms it intends to prevent or address through its new powers. It also covers the principal features of the regime, the ways in which the CMA will be held to account for its actions, and how it will execute its new functions. Together, these...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Nuclear energy Air emissions, efficiency, and climate change 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 The Department for Business and Trade has prolonged its consultation on plans to enhance economic regulation across the water, energy and fixed telecoms sectors overseen by Ofwat, Ofgem and Ofcom. Submissions are now accepted until 11.59 pm on 28 January 2024. See: LNB News 10/01/2024 11. Electricity Code Modifications Information on all live changes to the Connection and Use of System Code ( CUSC), the Grid Code ( GD), the System Owner -...
Representative proceedings Representative proceedings are a potentially robust tool for class actions, as they can run on an ‘opt-out’ footing and are available for every cause of action across the board. By contrast, the Collective Proceedings Order regime, introduced in 2015, is likewise an ‘opt-out’ route but is restricted to claimants alleging breaches of competition law alone. Although representative proceedings have existed in English procedural law for centuries, they have lately attracted notable focus after the Supreme Court’s decision in Lloyd v Google [2021] UKSC 50, which clarified the circumstances in which the device is apt and set parameters for its proper use. Following that judgment, claimant law firms have moved to deploy representative proceedings (now set out in CPR 19.8) to advance claims on an opt-out basis, seeking damages on behalf of a class of claimants. Outcomes to date have been mixed. In Andrew...
In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances Wildlife and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Energy efficiency and buildings Government reviews barriers to adopting energy efficiency and low carbon heating measures to historic homes The UK government has issued a review examining the obstacles encountered when upgrading historic homes for improved energy efficiency and low‑carbon heating. To deliver its 2050 net zero ambition, housing needs to be made as energy efficient as possible. Recognising the wide range of particular considerations that arise with heritage properties, the government has outlined a package of immediate measures and longer‑term commitments designed to overcome these challenges. These sit within the continuing development of new policies...
In this issue: Key DR development Claims and remedies Costs and funding Cross-border disputes Service Enforcement Injunctions New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR development Commercial Court User Group meeting minutes Commercial Court User Group minutes for November 2023 released: The User Group has issued the record of its meeting, held remotely on 29 November 2023. Presided over by Mr Justice Foxton, the Commercial Court judges ranged over a variety of subjects. The minutes include a schedule of forthcoming long trials expected to affect the Commercial Court’s availability. Mr Justice Jacobs confirmed that details for his tranche of cases are current on the Commercial Court website. Mr Justice Henshaw reported two sets of managed claims arising from the...
In this issue: Business structures Taxes management and litigation Employment taxes Companies and corporation tax VAT Environment Individuals and income tax Dates for your diary Trackers Daily and weekly news alerts New and updated content Latest Q& A Useful information Business structures Court of Appeal upholds UT and FTT decisions that incentivisation awards to partners are subject to income tax ( HMRC v Blue Crest Capital Management LP and others and Andrew Dodd and others v HMRC) As noted below, in HMRC v Blue Crest Capital Management LP; and Andrew Dodd v HMRC [2023] EWCA Civ 1481, the Court of Appeal examined the tax position of awards granted to partners under an incentivisation scheme. It affirmed the rulings of the First-tier Tax Tribunal ( FTT) and the Upper Tribunal ( UT) that,...
Merck Serono SA v The Comptroller- General of Patents, Designs and Trade Marks [2023] EWHC 3240 ( Ch) What are the practical implications of this case? The judgment affirms the settled principle from Court of Justice Case C-61/79, Denkavit Italiana: the default position is that Court of Justice judgments take effect ex tunc, and only in rare, exceptional situations will a deviation from that rule be warranted. The Court further indicated that it will generally be insufficient for a party to contend that its conduct, or the steps it adopted, rested on a legitimate expectation that a particular course would be followed (here, the grant of Merck’s SPC application) under the law as it then stood. In practical terms, parties—most notably originator pharmaceutical companies—should recognise that CJEU rulings issued after an SPC filing can still influence whether the SPC is ultimately granted, even where the...
In this issue: Planning Judicial Review Social housing Education Children’s social care Social care Healthcare Licensing Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& A Planning Updated National Planning Policy Framework published After completing its consultation, the government has released the revised National Planning Policy Framework ( NPPF). Toni Weston, a partner at Gowling WLG, offers commentary on the amendments. See News Analysis: Updated National Planning Policy Framework published. Appeal against refusal of permission for JR of order giving consent for construction of nuclear power station dismissed ( R (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero and another company) In the Court of Appeal ( Civil Division), in R (on the...
In this issue: New technologies Internet Reputation management Media Telecommunications 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 AI systems cannot be inventors under the UK Patents Act ( Thaler v Comptroller- General). The appeal to the Supreme Court involved two UK patent applications submitted by the appellant, Dr Thaler. In those filings, he named an artificial intelligence ( AI) system he owned, called DABUS, as the inventor. The court was required to decide three central questions: (i) whether the term ‘inventor’ in the Patents Act 1977 ( PA 1977) encompasses AI systems; (ii) whether the owner of an AI system would own any invention created by it; and (iii) whether the Hearing Officer for the Comptroller was entitled to treat the two applications as having been withdrawn. The Supreme Court dismissed the appeal, holding that DABUS is not an...
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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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