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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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According to the General Data Protection Regulation ( GDPR), individuals may pursue claims for material and non-material harm arising from violations of personal data rights (see GDPR, Article 82 and section 117 of the Data Protection Act 2018 ( Ireland) ( DPA 2018 ( IRL)). Recent guidance on the valuation of non-material damage has been sharpened by the decision earlier this year in Kaminski v Ballymaguire Foods Ltd [2023] IECC 5. In that ruling, the case addressed in this article was expressly cited and described as ‘important for potential future actions concerning data breaches and claims for damages’. It was also asserted that the relevant data breach triggered acute stress and anxiety with physical symptoms, meaning the claim extended beyond non-material loss and not merely non-material damages......
In 2023, the US Government stepped up its bid to persuade corporates that swiftly flagging internal misconduct is the wisest course—perhaps overly swift, some white-collar criminal defence practitioners argue. Early in the year, the US DOJ unveiled fresh guidance on the business use of ephemeral messaging platforms, mobile phones and other personal devices, yet knotty issues remain over what that policy will mean as 2024 approaches. The department also pressed on with its assault on the crypto sector, closing the year with a pair of headline-grabbing wins. What follows is an overview of how the US DOJ advanced its priorities, aims and enforcement activity through 2023, what it chose to emphasise, and what may lie ahead. It sets clear expectations for the year ahead. Self-disclosure A frontrunner for 2023’s white-collar buzzword is ‘self-disclosure’, as the US Government intensified its continuing campaign to nudge...
Private actions The CAT issued four opt-out applications: Professor Carolyn Roberts v (1) United Utilities Water Limited (2) United Utilities Group PLC; v (1) Yorkshire Water Services Limited (2) Kelda Holdings Limited; v (1) Northumbrian Water Limited (2) Northumbrian Water Group Limited; and v (1) Anglian Water Services Limited (2) Anglian Water Group Limited. Roberts alleges sewerage undertakers abused a dominant position by providing misleading information to the Environment Agency and Ofwat about pollution incidents; see applications ( United Utilities, Yorkshire Water, Northumbrian Water and Anglian Water). By order of 28 December 2023 in Richer Sounds Plc v Mastercard Incorporated and Others—an action alleging infringements of Article 101 TFEU and/or the Chapter I prohibition, stayed since July 2021—the CAT consented to withdrawal; see withdrawal of claim. By order of 22 December 2023 in PSA Automobiles SA & Others v Autoliv AB &...
Dyson v MGN Ltd [2023] EWHC 3092 ( KB) What are the practical implications of this case? A claimant must factor in material that sits outside the impugned publication when judging the strength of a defendant’s honest opinion defence. We are also reminded of the serious harm threshold set by the Supreme Court in Lachaux v Independent Print Media Ltd [2019] UKSC 27. The court adhered to earlier authority that, although a claimant may advance an inferential case on serious harm, this cannot stand in for an evidential process; the building blocks of any inferential case must themselves be supported by sufficient evidence—which, in this instance, they were not. What was the background? On 28 January 2022, MGN ran an article titled ‘ Our government is making young people believe that cheats do prosper’, and the following day it appeared under the headline, ‘ Message to young folks today is...
For the time being, this ruling chiefly confirms that the reach of the TOAA code is far narrower than HMRC asserted, and should, with luck, deliver long-awaited certainty for taxpayers and their advisers in comparable scenarios going forward, as well as substantially curtail the use of the TOAA provisions in like circumstances, both in current matters and future disputes. As Lady Rose observed at the outset of her judgment, the TOAA regime ranks among the most bewilderingly intricate parts of UK tax law—a striking, if somewhat questionable, accolade given the usual complexity of UK taxation. It is little wonder that the appeals in this matter produced a different result at each stage of the litigation. Further illustrating the tax law’s complex nature, more than ten years have passed before the Supreme Court finally resolved the Fisher dispute at long last, in the end. It was...
White-collar crime solicitors will also be watching for the opening of a trial featuring fraud and hacking allegations brought by an Iranian- American locked in litigation with a Middle Eastern emirate and its former solicitors at Dechert, together with a verdict in the SFO’s Saudi bribery case. Here, Law360 highlights those and other corporate crime cases to monitor in the year ahead. Glencore bribery charges After multiple postponements, the SFO faces mounting pressure to bring charges against individuals in the wake of commodities trader Glencore’s October 2022 conviction for a series of bribery offences tied to corrupt payments to African officials to secure preferential treatment in the award of oil contracts. The agency had targeted April 2023 to decide whether to charge 11 suspects under investigation, pushed that back to late 2023, and then deferred again because of the substantial volume of fresh material...
Regulatory lawyers indeed anticipate the government will unveil the opening tranche of its planned overhaul of Solvency II rules in June 2024, aiming to spur life insurers to channel additional capital into the wider economy. Ministers are also poised to set out fresh steps intended to foster consolidation across defined benefit and defined contribution pension schemes alike. Many politicians argue that bigger retirement vehicles are more likely to allocate portions of their portfolios to higher-growth assets, including, in particular, technology start-ups. Steve Webb, the former pensions minister, indicated he does not foresee the overarching programme being materially knocked off course, even with a significant chance of a general election in 2024 occurring. The latest date the government can stage a general election is ultimately January 2025. Webb, now a partner at consultancy Lane Clark & Peacock LLP, added that...
Myforest Foods Co v European Union Intellectual Property Office Case T-107/23 What are the practical implications of this case? Although the ruling does not chart new territory, it again underscores that a mark may mislead the relevant public even if some consumers would not be deceived. It further confirms that, for food products aimed at people with dietary preferences or restrictions—such as vegans and vegetarians (and potentially gluten-free, etc)—the relevant public remains the general public. As a result, vegan meat alternatives are evaluated in the same way as any other fast-moving supermarket goods. This calls for careful brand development for vegan and meat substitute ranges: where a mark includes an element (for instance, bacon) implying the very item being replaced, it risks being deceptive unless it is paired with a suitable qualifier or a clear means of distancing itself from that...
Why have the energy National Policy Statements been subject to consultation? The existing collection of energy NPS was designated in 2011. The government signalled a review of these NPS in the Energy White Paper: Powering our net zero future, published in December 2020. Under section 7(2) of the Planning Act 2008, the Secretary of State is legally obliged to undertake whatever consultation they deem ‘appropriate’ when reviewing NPSs. Initial drafts of the revised energy NPSs were first consulted on in September 2021. Substantial amendments to those drafts prompted an additional consultation in March 2023. The definitive versions of the updated energy NPSs were presented to parliament on 22 November 2023. They are anticipated to be designated in early 2024. What are the main areas where it was felt updates were needed? The present energy NPSs have not kept pace with advances in low-carbon...
Simon Bain Building Services Ltd v Cardone and another [2023] EWHC 2916 ( Ch) What are the practical implications of this case? Although the court determined that the defendants had submitted to the jurisdiction, this did not automatically prevent them from rescuing their position. They knew their Ao S, filed following defective service of the claim form, was late, and then opted to await the court’s directions. The court stressed that the correct step was to seek an extension of time to file the Ao S and apply for relief from sanctions under CPR 3.9. Doing so would have restored their right to contest jurisdiction under CPR 11, provided there had been no separate act of submission. Viewing the defendants’ actions objectively, the judge concluded there had been a submission to the jurisdiction (see further detail below), and that the application to set aside default...
R (on the application of IAB and others) v Secretary of State for the Home Department and another [2023] EWHC 2930 ( Admin) What are the practical implications of this case? This important ruling (which may yet be appealed) appears to mark a shift in the Administrative Court’s approach to when it is acceptable to redact names in materials produced by the defendant on disclosure. It is delivered against a backdrop where, via social media and websites, documents used in litigation routinely become accessible to the public. Moreover, defendants at times feel compelled to carry out a comprehensive disclosure exercise (searching for documents) to convince claimants that they have fulfilled their duty of candour. Even so, Mr Justice Swift emphasised that the conduct of litigation should not be driven by fear of the baser instincts of a misguided minority (para [28]), and remarked that open debate about...
NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 2795 ( Admin) What are the practical implications of this case? Fundamentally, the judgment reiterates what is evident from EA 2021, s 98 and Sch 14: there is currently no statutory duty for planning proposals to prove delivery of a 10% biodiversity net gain, and once that duty is activated it will relate only to new submissions. Although the National Planning Policy Framework seeks a positive biodiversity net gain, this is (a) a policy matter rather than a legal requirement, and (b) contains no percentage target, so any improvement qualifies as positive and should be given appropriate weight accordingly. The ruling is also a timely reminder that the biodiversity net gain obligation is not retrospective, particularly as it is scheduled to take effect in January 2024. In...
This News Analysis was first published on 16 June 2023. It has subsequently been updated to take account of the Online Safety Act 2023 and the Retained EU Law ( Revocation and Reform) Act 2023. What is the practical effect of reg 3(2) of the E- Commerce Regulations 2002 The E- Commerce Regulations 2002, SI 2002/2013, set out significant curbs on civil and criminal exposure for providers of online intermediary services (online intermediaries) concerning discrete items of content shared or otherwise conveyed via their systems. Commonly called ‘safe harbours’, these rules restrict the responsibility of online intermediaries, including where they are acting as ‘mere conduits’ ( SI 2002/2013, reg 17), performing ‘caching’ ( SI 2002/2013, reg 18), or ‘hosting’ material ( SI 2002/2013, reg 19). In summary, under the E- Commerce Regulations 2002, online intermediaries are not accountable for unlawful content on their...
Getty Images ( US) Inc and other companies v Stability Al Ltd [2023] EWHC 3090 ( Ch) What are the practical implications of this case? General litigators will find here a clear illustration of the hurdles in obtaining summary judgment or a strike out where a claim rests only on inference. Getty pleaded primary copyright and database infringement on the footing that relevant UK acts could be inferred because Stability’s development team includes a substantial cohort of people living and working in the UK. Both parties put forward material for the hearing. Getty identified social media posts and You Tube videos consistent with the alleged conduct in the UK; Stability served seven witness statements, but these did not comprehensively set out the role of each UK-based team member or the computer systems they could use. The judge concluded there was: material arguably...
Harber v HMRC [2023] UKFTT 1007 ( TC) The taxpayer did not inform HMRC of a chargeable gain arising on the sale of a UK residential property. HMRC imposed a ‘failure to notify’ penalty, which the taxpayer challenged, claiming a reasonable excuse on two bases: ignorance of the law, and her mental health She submitted a written note referring to nine FTT authorities said to underpin both arguments, reportedly supplied by ‘a friend in a solicitor’s office’. HMRC’s advocate and the FTT attempted to locate those cited decisions on the FTT site and other standard legal resources but were unable to find them—they appeared not to exist. The FTT determined that the supposed authorities were not authentic tribunal decisions and had in fact been created by an artificial intelligence tool. The case summaries the taxpayer relied on were described as...
Virgin Enterprises Ltd v Brightline Holdings LLC [2023] EWHC 2240 ( Comm) What are the practical implications of this case? The decisive issue is how the contractual clause is construed and the meaning assigned to it when assessing whether a breach has occurred. The pertinent expressions in the TMLA were considered unclear, as they were neither defined nor terms of art with a settled, widely recognised meaning among marketing practitioners. Consequently, greater weight had to be given to the factual and commercial background: the overarching purpose of the clause and the agreement containing it; the facts and circumstances known or readily available to both parties at the time of contracting; and commercial common sense—more than is usually required when interpreting a professionally drafted commercial contract. For the defendant to prevail, it needed to demonstrate that the conditions for...
Barclays Bank UK plc v Terry [2023] EWHC 2726 ( Ch) What are the practical implications of this case? This ruling illustrates how the court approaches rectification of the register where a mistake stems from a unilateral error by one party. It also matters more broadly, as the framework for addressing mistakes continues to have general reach, and the judgment touches on procedural aspects concerning witness statements and representative actions that practitioners will find of enduring relevance. What was the background? As part of a programme to streamline its mortgage portfolio, Barclays Bank plc undertook a long-term IT initiative to locate mortgages that had been redeemed but not formally discharged. The exercise identified over 41,000 mortgages. After review, the bank marked them as discharged on its system and sent automated applications to the Land Registry. Only once approximately 25,900 charges had been removed did the bank...
Joint industry statement on the EU AI Act On 27 November 2023, in Brussels, we—the signatory associations, representing European and international companies within the information technology sector—have been monitoring progress and developments in the inter-institutional Trilogue negotiations on the EU Artificial Intelligence Act. As these negotiations move towards finalising the Act, we wish to voice our concerns about the trajectory of the current proposals to regulate General Purpose AI ( GPAI) systems and AI foundation models, which contain divergent and ambiguous scopes and definitions. These proposals fail to recognise the complexity of the AI value chain and are misaligned with the AI Act’s technology-neutral, risk-based approach, which governs the use of AI systems according to risk, not the types as they stand now......
Campbell v NHS Business Services Authority [2023] EWCA Civ 1351 What are the practical implications of this case? This judgment confirms that the NHSBSA has been properly administering the 1995 section of the NHS Pension Scheme (the 1995 Scheme), and clarifies that the date of retirement from pensionable employment is extended where leave has accrued but remains untaken. The court went on to make observations about statutory interpretation, with particular emphasis on the nature and operation of ‘deeming’ provisions in practice. It also remarked that it would appear ‘odd’ to be receiving benefits in respect of an employment whilst, at the very same time, accruing further service and paying the contributions upon which those benefits are calculated. The aspect likely to attract the widest interest among litigants is the determination on costs. Ultimately, despite the claimant’s impecuniosity, and...
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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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