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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Campbell v HMRC [2023] UKUT 265 ( TCC) What are the practical implications of this case? It is relatively unusual for the UT to return matters to the FTT with such trenchant comment. Here, the UT not only identified several errors of law, but also delivered robust criticism of the FTT’s methodology and conclusions. The censure extended to both the approach adopted and the conclusions drawn by the FTT. Of the four grounds advanced by Mr Campbell, the UT agreed with three, quashing those determinations and sending them back for a fresh determination by a differently composed FTT tribunal. Of note, the UT did not also send back the trading issue, even though it considered the FTT had misread an important authority. Should Mr Campbell eventually prevail on every ground, he would have disposed of four properties within six years, realising profits of circa...
Consult Practice Note: Part 26A restructuring plan deal debrief— Atento. For an overview of restructuring plans, visit: Restructuring plan—overview......
Digital markets The Parliamentary Under Secretaries of State at DBT and DSIT have sent a letter to the CMA, requesting details of its plans and indicative timelines for rolling out the new digital markets competition regime—see further, letter. NOTE— For all UK digital markets competition regime developments, see further, UK Digital Markets Competition regime—progress tracker Private actions The CAT has issued a ruling in Alex Neill Class Representative Limited v Sony Interactive Entertainment Europe Limited; Sony Interactive Entertainment Network Europe Limited; and Sony Interactive Entertainment UK Limited. Sony has been granted permission to appeal the CAT’s judgment of 21 November 2023, which allowed the class representative’s application for a collective proceedings order and rejected Sony’s applications for summary judgment and to strike out parts of the claim. Permission to appeal is confined to certain litigation funding aspects—see further, ruling. NOTE— For...
Editor’s note Welcome to the fourth issue of the Public Law case law quarterly for 2023, spanning the closing quarter of the year. This instalment opens with a Court of Justice decision on how penalties should be calculated for UK breaches of EU law under the Windsor Framework, alongside a constitutional law ruling from the Scottish Court of Session affirming the UK Government’s intervention under section 35 of the Scotland Act 1998 ( SA 1998) to stop Royal Assent for a Scottish Bill. Also featured are Supreme Court decisions, including the finding that the UK Government’s Rwanda policy concerning asylum seekers is unlawful, together with rulings on the scope of the duty in human rights law to investigate deaths occurring before the Human Rights Act 1998 ( HRA 1998) took effect, on the factors judges ought to weigh when deciding whether to grant a...
Alongside the full coverage in the Financial Services news feed dated 5 January 2024, subscribers may wish to note the following further regulatory and supervisory developments below: FCA: Decision Notice: Apex Legal Limited FCA: Cryptoasset AML / CTF regime: feedback on good and poor quality applications FCA: Decision Notice: The Car Leasing Warehouse......
Mergers The Commission was notified of Terna/ Mauro Migliazzi/ DXT/ Wesii ( M.11152) under the simplified merger procedure. Note— For active merger reviews before the Commission, see EU mergers—ongoing cases tracker. Antitrust A fresh appeal was filed with the Court of Justice in Case C- 2/24 P Teva Pharmaceutical Industries and Cephalon v Commission, challenging the General Court’s ruling in Case T- 74/21 Teva Pharmaceutical Industries and Cephalon v Commission, which dismissed the application to annul the Commission’s decision in Cephalon and Teva ( Modafinil) ( AT.39686). Note— For live antitrust appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker. State aid Appeals have been lodged before the Court of Justice against General Court judgments that rejected actions to annul the Commission’s decision in State aid Case SA.21259— Regime III: Cases C- 803/23 P Bourbon Offshore Interoil Shipping v Commission and C- 806/23 P Renco Valore and...
The 2023 festive period kept the UK’s innovative pharma sector—and their legal and regulatory functions—exceptionally busy. Companies are already poring over two fresh price control schemes for 2024. Alongside shifts to the UK pricing framework, there are plans to refresh advertising requirements and the mechanism for deciding advertising complaints. On 13 December 2023, the ABPI unveiled proposals to revise the 2021 ABPI Code of Practice for the Pharmaceutical Industry ( ABPI Code) and the PMCPA Constitution and Procedure (which outlines how advertising complaints are determined). Businesses have until 29 February 2024 to feed into the consultation. While many suggested amendments to the ABPI Code simply clarify existing provisions, the planned changes to the complaints pathway will catch the eye of in-house legal teams. The aim is to make the PMCPA complaints process less rigid and more adaptable. That could expedite more...
See Practice Note: Third party litigation funding process for insolvency practitioners For a summary of funding for insolvency litigation and investigations, see: Funding of insolvency litigation and investigations—overview......
On 4 January 2024 at Burnley Crown Court, Judge Ian Stephen Unsworth handed down to Stephen Smith, 64, a ten‑month custodial sentence, suspended for twelve months, following a case initiated by the Pensions Regulator. The ex‑pension trustee had confessed to directing scheme monies into loans for entities linked to the pension plan’s employer, a business operating in both construction and engineering. Smith, of Cumbria, previously served as a trustee of the scheme associated with Marcus Worthington and Co Ltd, a contractor that went into administration in September 2019 and was dissolved in January 2022. He must also complete 150 hours of unpaid work and contribute £1,000 towards prosecution costs......
On 3 January 2024, Fitch Ratings delivered an upbeat outlook for the sector, forecasting another year of record‑setting UK deal volumes over the year ahead. The definitive calculation of the aggregate value of 2023 pension buy‑in and buyout transactions remains unpublished; however, the broad consensus among specialists is that it will top the prior high of £43.8bn achieved in 2019. The agency further indicated that this trajectory is expected to endure throughout 2024......
Hymans Robertson urged the government to explore creating a cross-party body to forge a durable consensus on key choices shaping the retirement savings arena. With widespread chatter that voters could head to the ballot box this year and remove the Conservative Party in favour of a Labour administration, the firm pressed its case. Calum Cooper, a partner at Hymans Robertson, said they want government to commit to a longer-term pact with pensions policy. He added that such commitment is essential to provide corporates with assurance about a predictable future......
Competition policy CAT issues Practice Direction on disclosure and the handling of confidential information The CAT has released Practice Direction 1/2024 concerning how confidential material is managed during disclosure. It seeks to tackle challenges emerging because confidentiality rings have grown increasingly elaborate and burdensome to administer. Such arrangements commonly feature ‘inner’ and ‘outer’ rings, and material is sometimes provided to the outer ring without the careful assessment—mandated by Rule 101(4) of the CAT Rules—of the particular sensitivity involved and the potential detriment that disclosure might cause. It aims to ensure consideration of sensitivity and adverse effects before disclosure to the outer ring......
What are the priorities of the presidency regarding EU fundamentals? The Presidency aims to swiftly conclude the association agreements between the EU and Andorra and San Marino. It will also place strong emphasis on the Union’s readiness to absorb new members, while deepening consideration of the internal reforms needed to secure a successful enlargement in future. What are the priorities of the presidency regarding commercial initiatives? On product policy, the Belgian presidency will progress revisions to the Toy Safety Directive ( TSD) and finalise the Regulation that outlaws products made with forced labour. On consumer protection, it will conclude the Directive establishing common rules that promote the repair of goods, and keep advancing work on the proposed Green Claims Directive. The presidency will likewise make sure momentum continues on revising the Alternative Dispute Resolution Directive. Finally, it will pursue the update of the Late Payments...
Original news Mr T, BP Pension Fund ( CAS-52248- V9M5)—5 October 2023. Summary The Pensions Ombudsman dismissed a complaint that a member missed the opportunity to transfer on a more favourable basis after the basis changed with the new calendar year. An administrative mistake within the member’s records did not impact how the transfer value was calculated, nor did it prevent the complainant from transferring. The scheme could not have known of the member’s wish to transfer until it was too late, and it had no duty to alert members to any potential changes to the transfer basis. The decision highlights to schemes the need to maintain accurate member records. What were the facts? Mr T was a member of the BP Pension Fund (the Scheme). On 21 December 2017 Mr T was contemplating......
Alongside the articles featured in depth in the Financial Services news feed on 4 January 2024, subscribers may wish to note the following additional developments: OJEU: C/2024/00587 Official notice addressed to the natural person and the entity subject to the restrictive measures laid down in Council Decision 2014/145/ CFSP, as amended by Council Decision ( CFSP) 2024/195, and in Council Regulation ( EU) No 269/2014, as implemented through Council Implementing Regulation ( EU) 2024/196, concerning restrictive measures in respect of actions undermining or threatening the territorial integrity......
Original news Mrs S, Royal Mail Defined Contribution Plan ( CAS-45582- S0J0) - 12 October 2023. Summary The Pensions Ombudsman dismissed a complaint alleging the Scheme had misapplied its discretion by directing part of a lump-sum death benefit to the deceased member’s girlfriend instead of relatives. The trustee had adopted an appropriate process and correctly applied the governing rules. The outcome could not be considered irrational. This decision serves as a reminder that challenging the exercise of a trustee’s discretionary judgement is rarely straightforward in the majority of cases. What were the facts? Mr S held scheme membership in the Royal Mail Defined Contribution Plan (the Scheme) ......
Mergers A notice summarising the Commission’s 21 February 2022 decision in VIG/ Aegon CEE ( Case M.10494) has been issued, concluding that Hungary’s veto of Vienna Insurance Group AG Wiener Versicherung Gruppe’s acquisition of AEGON Group’s two Hungarian subsidiaries breached Article 21 EUMR—see further, decision NOTE— For current merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid Under the EU State aid rules, the Commission has cleared a French scheme, valued at €450m, to support the forestry sector—see further, Midday Express NOTE— For all ongoing State aid decisions and live formal State aid investigations, see further, EU State aid decisions—ongoing cases tracker Upcoming dates For dates of forthcoming EU competition developments, see further, EU Competition calendar......
The Big Four auditor announced on 3 January 2024 that 53% of insurance leaders and 37% of asset and wealth management chiefs thought the UK would fail to keep its status. However, 84% of banking bosses were confident Britain could hold its market position, based on a survey of 160 financial services executives carried out between November and December 2023. KPMG added that the insurance figure reflected a small sample size. Leaders argued that easing regulatory burdens, while addressing inflation and interest rates, would support Britain in preserving its standing. They also suggested that reforming the tax regime would reinforce London’s position. The study captured views across banking, insurance, and asset and wealth management sectors......
Willmott Dixon Construction Ltd has struck a confidential deal with eight insurers to resolve its High Court action against them, as set out in an order by Judge Sara Cockerill dated 18 December 2023 and only recently made public. The developer had sought full indemnity, yet did not reveal the amount claimed to meet its settlement with the supermarket chain. Among the insurers pursued were Chubb European Group SE, CNA Insurance Co Ltd and Allied World Assurance Co ( Europe) Ltd. The remaining defendants are Axis Specialty Europe SE, AIG UK Ltd, AXA XL Underwriting Agencies Ltd, Asta Managing Agency Ltd and Premia Managing Agency in the case at issue......
After a rocky period, the SFO secured a notable win by handing Glencore plc the UK’s biggest-ever penalty: a £183m fine ( US$231m), plus a £93.5m confiscation order, in November 2022. This stemmed from Glencore’s bribery conviction over payments by its West Africa desk to gain favourable access to oil. Outcomes for individuals are still uncertain; in November last year, the SFO pushed back its decision on bringing charges yet again—now slated for July 2024. The appointment of SFO Director Nick Ephgrave in September 2023 marks a fresh chapter for the office and an opportunity to reboot corporate enforcement. Ephgrave is the first non-lawyer to lead the agency. SFO priorities Early priorities include: Strengthening the SFO’s investigative capability Issuing updated enforcement guidance The UK can expect a more proactive SFO during his tenure. Since his arrival, three new probes have already been...
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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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