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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Chopra and others v Katrin Properties Ltd and another company [2022] EWHC 2728 ( Ch), [2022] All ER ( D) 17 ( Nov) What are the practical implications of this case? Although determined on its particular facts, the decision underscores that: where liability under a personal guarantee (or any lending arrangement) is conditional upon a demand, that demand must be properly served if no such demand is served, any statutory demand should be set aside allegations of fraud—even when seeking to set aside a statutory demand—are not automatically accepted and may require supporting evidence What was the background? The applications concerned two lenders— Katrin Properties Ltd ( Katrin) and KSEYE Capital Holdings Ltd ( KSEYE)—and four alleged debtors. The supposed liabilities stemmed from loans to various companies which, on the face of the documentation, appeared to be personally guaranteed by the...
HMRC has revised IHT411, a form used alongside IHT400 to provide information on shares or stock held by the deceased. It now also features a hyperlink within the section......
ABT Auto Investments Ltd v Aapico Investment Pte Ltd [2022] EWHC 2839 ( Comm), 14 November 2022 What are the practical implications of this case? The court confirmed that, when a collateral‑taker invokes appropriation, there is no distinct, freestanding duty to act in good faith. The only statutory requirement is that any valuation be carried out in line with the agreed terms and, in any event, in a commercially reasonable manner—no more and no less. That test is objective, operating as an impersonal benchmark rather than a subjective discretion. A collateral‑taker cannot proceed arbitrarily or unreasonably when selecting and applying a valuation methodology; the choice and application must be rational and defensible. What is commercially reasonable will always turn on the facts. Even if a valuation were not undertaken in a commercially reasonable way, the court stated it would not be void from the outset. The...
TP ICAP Ltd v NEX Group Ltd [2022] EWHC 2700 ( Comm) The claims for breach of warranty stemmed from two probes: one by the US Commodities Futures Trading Commission concerning swaps trading linked to bond issuances and another by a Frankfurt public prosecutor targeting a named director of a group entity in relation to cum-ex trading during the relevant period. In essence, the alleged breaches concerned warranties addressing the following: that no group company, officer, or employee had been the subject of any non-routine investigation of any kind by a ‘ Governmental Authority’ within the prior 18 months; and that no circumstances existed which could reasonably be expected to result in litigation against a group company where the amount in dispute exceeds £500,000. Those warranties were, in places, qualified by a seller-awareness threshold (here defined as the actual knowledge, after...
What is a captive insurance company? A captive insurer is a fully owned subsidiary set up to manage and mitigate the risks of its parent and related entities. When the parent cannot secure appropriate cover from the traditional market for certain risks Premiums paid into the captive can generate savings for the parent or related parties Ability to place cover with reinsurers that the parent cannot access directly Addresses specific risks not available in the wider insurance market Funds the deductibles on policies purchased by the parent Investment income available to offset losses Improved control over claims Cover tailored to your needs Reduced reliance on commercial insurance Stabilisation of pricing Key takeaways A captive insurer is a wholly owned subsidiary that mitigates risk for its parent and related entities Benefits can include lower...
Heytex Bramsche GMBH v Unity Trade Capital Ltd [2022] EWHC 2488 ( Ch), [2022] All ER ( D) 38 ( Oct) What are the practical implications of this case? Although fact-specific, this ruling will interest insolvency practitioners as a reminder of the bar for avoiding a winding-up order. In this instance, notwithstanding that low bar, the court concluded there was no genuine or substantial dispute. It also carries weight for finance lawyers more broadly, emphasising the need for precisely drafted paperwork—here, letters of credit in the sphere of international trade finance. Core terms—identifying the parties, defining their respective functions and liabilities, stating the proper signatories, and confirming the incorporation of standard (or bespoke) conditions—must be clear and consistent. For letters of credit in particular, any marked shift from their commercial purpose (ie, assuring the buyer of payment against documents and the seller against buyer...
Bacci and others v Green [2022] EWCA Civ 1393, [2022] All ER ( D) 75 ( Oct) What are the practical implications of this case? This ruling highlights the adaptability of injunctive relief and the growing ingenuity of enforcement options open to creditors. The court may issue injunctions requiring debtors to authorise creditors to exercise personal or proprietary rights (without appointing receivers) so that assets are available for enforcement. Creditors who cannot meet debts through more conventional enforcement paths will welcome this. It approves a streamlined delegation of powers instead of the comparatively expensive and drawn-out process of appointing receivers by equitable execution. What was the background? The appellant, Mr Green, had borrowed funds from a lender. After failing to repay, the lender issued proceedings and obtained summary judgment for around £3m. A bankruptcy order was then made against him. As his liability arose from deceit and...
The European Union Agency for the Cooperation of Energy Regulators ( ACER), together with the National Regulatory Authorities ( NRAs) of Austria, Germany and the Netherlands, are collaborating to strengthen their oversight, under the......
The Insolvency Service officially confirmed that 51-year-old Vincent Christopher Larkin has been banned from acting for six years after failing to settle almost £210,000 in outstanding tax. Absent from the hearing, Larkin was disqualified and was also ordered to pay costs of £7,355.80. Larkin was the director then......
James Kemball Ltd v ‘ K’ Line ( Europe) Ltd [2022] EWHC 2239 ( Comm) What are the practical implications of this case? When attempting to terminate a contract pursuant to its provisions, nothing replaces a meticulous reading of the clauses and a mapping of the established facts against them. Precision about the language and the facts is vital so the selected ground aligns with the situation. Misalignment risks failure and lost opportunities entirely. Here, Kemball pinned its case on a provision that did not correspond with the circumstances and overlooked another clause that could have helped. In addition, Kemball neglected to consider, in the alternative, the common law route of repudiatory breach rather than relying solely on the express terms of the agreement. What was the background? Kemball operated a business hauling shipping containers by road. K Line was a wholly owned subsidiary of a major group...
The Financial Conduct Authority ( FCA) has warmly welcomed the Court of Appeal’s decision to refuse leave for a judicial review in the matter of R ( Sutton) v FCA. A group of crude‑oil traders had made an application seeking a judicial review of the FCA’s choice to seek information from UK residents so as to assist the US Commodity Futures Trading Commission ( CFTC) with an ongoing probe into certain crude oil trading on a......
The Insolvency Service has revealed that Christopher Bateman, 49, of Knutsford, and Nicola Fairweather, 48, of Macclesfield, directors of two linked companies, GCC Management Ltd and Amek Solutions Ltd, have been disqualified for a combined 25 years after misusing millions of pounds of investors’ funds in a care home investment scheme. The Insolvency Service’s investigations began when the two companies entered insolvency procedures. GCC Management was an unregulated company that offered people the chance to invest in the purchase of care homes. While Amek Solutions advised on and/or arranged as stated by investigators......
Court considers concurrent delays and repudiation in post-termination dispute ( Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council) Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 ( TCC) What are the practical implications of this case? This judgment touches on several matters of real concern to construction practitioners: overlapping delay, the JCT suite’s termination machinery, and the law of repudiation. On concurrency, the court essentially affirmed the approach in Walter Lilly v Mackay, holding that where employer and contractor delays run together, the contractor will typically obtain additional time, yet will not recover the financial consequences of prolongation—often summed up as ‘time, but no money’. The court’s commentary on the rival expert delay analyses will likewise assist those preparing or defending applications for extensions of time. Among other points, it indicated in general terms, that...
RTL Television GMBH v Grupo Pestana SGPS SA ECLI- EU- C-2022-643 What are the practical implications of this case? This ruling clarifies the breadth of the cable retransmission right within the Sat Cab Directive and underlines the narrow situations in which broadcasters in Member States may contest the satellite distribution of television or radio programmes. Even where a retransmission of TV or radio output satisfies the technical features in Article 1(3) of Directive 93/83/ EEC (the Sat Cab Directive) and lacks the broadcasting organisation’s authorisation, the broadcaster must, before commencing proceedings, determine whether the retransmitter qualifies as an operator of a traditional cable network. If that party is not a cable operator, broadcasters cannot invoke the cable retransmission right under the Sat Cab Directive. They may, however, still rely on copyright or neighbouring rights, or on any separate cable transmission rights afforded by national...
Au Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 ( Ch) What are the practical implications of this case? This decision once more highlights how materially challenging passing off actions can be when they hinge to a significant extent on a product’s get‑up, particularly its form and colouring, and even more so at the interim injunction stage. That difficulty is especially acute where shape and colouring are central to the product’s overall presentation. Where the alleged passing off rests on the product’s ‘get‑up’ (as in the well‑known Jif Lemon matter, Reckitt and Colman Products Ltd v Borden Inc), the judge undertook a careful review of prior authorities. In particular, he examined the reasoning of Mr Justice Jacob (as he then was) in Hodgkinson & Corby v Wards Mobility Services [1995] FSR 169 (not reported by Lexis Nexis®) at...
Safarov v Azerbaijan 885/12 What are the practical implications of this case? In its ruling, the ECt HR held that where domestic courts fail to secure effective protection of intellectual property, there is a breach of human rights—specifically, the right to the peaceful enjoyment of possessions under Article 1 of Protocol No 1 to the ECHR. As to the damages claim grounded in IP rights, the outcome amounts to little more than a Pyrrhic success for the applicant, since the Court granted only a small slice of the sum he had initially sought. Nevertheless, the judgment underscores that copyright violations constitute a deprivation of property and therefore engage human rights. It foregrounds the European human rights architecture for IP and demonstrates the weight IP holds within it. The ECt HR also clarified that states must adopt appropriate steps to safeguard IP even in...
The United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679, and the Freedom of Information Act 2000 ( FIA 2000) oblige public and private bodies to reply to subject access requests within one to three months when people seek details of the personal data those organisations hold about them. Yet, on 28 September 2022, the ICO announced that an investigation had found Virgin Media, the Ministry of Defence, the Home Office, the London Borough of Croydon, Kent Police, the London Borough of Hackney and the London Borough of Lambeth had 'repeatedly failed' to meet this statutory deadline. Following these conclusions, the regulator issued reprimands to all seven organisations and, under the FIA 2000, practice recommendations to two of the London boroughs. The agency added that these bodies have three to six months to make improvements or 'further...
The repeal of 2017 and 2021 reforms from April 2023 has been announced by the UK government as part of the Growth Plan 2022 presented by the Chancellor of the Exchequer in his ’mini budget’ statement to Parliament. This move follows the new Prime Minister’s pledge to review IR35 and forms part of a broader drive to boost economic growth by trimming regulation and cutting taxes. The plan indicates the change will reduce Treasury tax receipts by £1–2bn per year. At first glance, many hirers and suppliers of contract workers are likely to welcome the shift, seeing a chance to revert to more tax‑efficient engagement through personal service company ( PSC) arrangements. Under the current rules, however, clients and suppliers can be on the hook if a PSC worker is, in reality, not truly self‑employed—an assessment that is notoriously...
Re estate of Ramus (deceased); Ramus v Holt (as executor and beneficiary of the estate of Christopher Stewart Ramus) and others [2022] EWHC 2309 ( Ch) What are the practical implications of this case? As with many I( PFD) A 1975 claims, the facts are regrettable; yet a careful, lengthy judgment distils the core lessons and sharply reinforces the fundamentals. Issuing proceedings in haste is ill-advised; without cogent evidence, a claim cannot succeed. Contentious probate practitioners are reminded that every I( PFD) A 1975 application is fact-specific and must be assessed against its own circumstances ( Cowan v Foreman [2019] EWCA Civ 1336). Spousal claims also engage the special factors in s 3(2) of the I( PFD) A 1975. The Duxbury calculation should not be applied by rote; it is a helpful guide. The appropriate method is to start with Duxbury, attribute proper weight to the...
Dee and another v Secretary of State for Levelling Up, Housing and Communities and another [2022] EWHC 2166 ( Admin) What are the practical implications of this case? This ruling underlines that proving an error of law was immaterial, and that the same outcome would have followed absent the mistake, is a significant hurdle. Although the Simplex defence is driven by the facts and turns on the language of the decision when read in the round, the requirement to establish that the result ‘would have’ been the same renders it an onerous task for any defendant. The judgment also illustrates that the challenge intensifies where the legal error is a failure by the decision-maker to have regard to a matter in exercising planning judgement, because the court will be reluctant to speculate on how consideration of a particular factor might have influenced that planning...
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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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