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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Private actions Supreme Court dismisses banks’ appeal; confirms CAT must reconsider FX collective actions on opt-out basis The Supreme Court has delivered its judgment in Barclays Bank PLC & Ors v Evans and O’ Higgins FX Class Representative Ltd v Barclays Bank PLC & Ors [2025] UKSC 52. The appeal challenged the Court of Appeal’s conclusion that the Competition Appeal Tribunal ( CAT) was wrong to refuse certification of follow-on FX collective proceedings on an opt-out basis. The Supreme Court rejected the banks’ appeal and affirmed the Court of Appeal’s ruling. Background In May 2019, the European Commission adopted two settlement decisions finding that five banks breached Article 101 TFEU by sharing confidential information and coordinating trading strategies in the FX spot market ( AT.40135). In December 2019, two proposed class representatives ( Mr Philip Evans and Michael O’ Higgins FX Class...
In this issue: Brexit Headlines Post- Brexit transition guidance Brexit SIs Judicial review Constitutional and administrative law Equality and human rights Public procurement Subsidy control and State aid State security and intelligence Information law Other Public Law news Daily and weekly news alerts New and updated content Free webinars Dates for your diary Trackers Public Law weekly highlights 2025/2026 Brexit Headlines Government responds to Independent Review of Windsor Framework, accepting majority of recommendations The government has accepted most recommendations focused on strengthening democratic scrutiny, engagement, business support and the functioning of Northern Ireland’s trading arrangements under Articles 5–10. Promises include giving the Democratic Scrutiny Committee ( DSC) more leeway within the two‑month scrutiny window, establishing a new policy triage to flag EU proposals earlier, improving...
In the words of the Education Committee, the special educational needs and disabilities ( SEND) system is ‘broken’ () The current SEND framework was never built to handle today’s caseload. Outlays are rising to unsustainable levels while results worsen and trust has ebbed away. For five years, ministers have relied on a statutory override to keep SEND shortfalls off council balance sheets—an accounting fix that alone has stopped nearly half of local authorities from tipping into effective insolvency. This override lapses in March 2028; by then, the Office for Budget Responsibility ( OBR) expects cumulative gaps to total £14bn. While the last administration largely looked on, Labour—credit where due—is beginning to move, with reforms slated (after repeated slippage) for early 2026. Last week’s budget pledge to centralise SEND costs has given councils firmer medium‑term financial certainty, vital for strategic planning. It also signals the...
DMZ v DNA [2025] SGCA 52 What are the practical implications of this case? This judgment clarifies what “matters” means in Article 5 of the Model Law, which is incorporated into Singapore law by section 3 of the International Arbitration Act 1994 ( IAA). Article 5 provides: “ In matters governed by the Model Law, no court shall intervene except where so provided in the Model Law.” The effect is that Singapore courts lack authority, under Article 5, to intrude upon procedural decisions of an arbitral institution that do not impede the progress or conduct of an arbitration. Although a registrar (or equivalent position) of an arbitral institution is not a member of the tribunal tasked with resolving the parties’ substantive dispute, that point concerns only the consequence of the procedural step. Where parties have adopted institutional rules in their arbitration agreement, and those rules...
In this issue: Planning policy Major infrastructure projects Buildings and Building Regulations Marine planning Daily and weekly news alerts New and updated content New Q& As Planning Highlights 2025/2026 Planning policy Planning and Infrastructure Act 2025 receives Royal Assent On 18 December 2025, the Planning and Infrastructure Act 2025 secured Royal Assent, completing the passage of the Planning and Infrastructure Bill first brought to the House of Commons in March 2025. The Bill was altered at Committee, Report and Third Reading in the Commons, then amended again in the Lords. Government messaging casts the Act as central to a pro‑growth programme: a landmark reform designed to remove barriers and get construction moving faster. Ministers highlight its role in freeing projects long stalled in the planning system and in speeding up the delivery of homes, clean energy and vital...
Earlier this year, the decision in Macdonald Hotels v Bank of Scotland unsettled lenders and their advisers, with obiter observations intimating that, for the ‘face value’ test to be satisfied for a deed, the document, on its face, must make plain that all parties expressly intended it to operate as a deed, rather than only those executing it as a deed. That stance differs from common practice in certain finance instruments, notably intercreditor agreements, which frequently state that only specified parties execute and deliver them as deeds and, unlike security documents, are ordinarily styled as ‘agreements’ in many instances. The City of London Law Society ( CLLS) subsequently released a note expressing its view on the comments and on how to comply with the face value test, confirming that, in its opinion, there is a measure of flexibility in the ways the face value...
In this issue: Accounts and reports Environmental, social and governance issues Corporate governance AGMs Public company takeovers Directors and company secretaries Partnerships Restructuring and insolvency for corporate lawyers Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate Highlights 2025/2026 Accounts and reports FRC launches consultation on Draft Annual Plan and Budget 2026-27 The Financial Reporting Council ( FRC) has opened a consultation regarding its Draft Annual Plan and Budget for 2026–27, referred to as the Draft Annual Plan. This document outlines the regulator’s priorities and resource allocation for the year ahead. Delivery in 2026–27 will comprise five core projects: End-to- End Enforcement Future Audit Supervision Strategy Enterprise Resource Planning FRC programme to support Small- Medium Enterprises FRC Innovation and...
In this issue: Electricity and gas market regulation and licensing Renewable energy Oil and gas Planning issues in energy projects Energy disputes International energy New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Energy Highlights 2025/2026 Electricity and gas market regulation and licensing Ofgem consults on proposed Forward Work Programme 2026–27 Ofgem has begun consulting on its Forward Work Programme for 2026–27, setting out intended initiatives across retail, wholesale, networks and carbon capture. Stakeholders—including industry, consumer groups, charities and energy consumers—are invited to submit views. The consultation runs until 12 February 2026, with the final Forward Work Programme due by 31 March 2026. See: LNB News 12/12/2025 36. Ofgem consults on draft determinations for RIIO-2 Medium Sized Investment Projects Ofgem is also seeking feedback on its Draft Determinations and draft direction for five Medium Sized Investment Project ( MSIP) bids from National Grid Electricity Transmission ( NGET) under the RIIO-2 price...
Aviva reported that a survey of 500 decision-makers at small and medium-sized enterprises revealed that only 20% of firms with fewer than ten staff view cyber threats as their greatest risk, versus more than 40% across all other business sizes. Aviva added the study, released on 9 December 2025, showed cyber claims from SMEs were up 10% year-on-year, based on claims data for 2025 to 11 December 2025, with the typical claim totalling £40,000. The research, carried out by Censuswide for Aviva in August and September 2025, further noted that IT and cyber security are the tasks that those in question......
New technologies Commission unveils first draft Code of Practice on AI content marking The European Commission has released its initial draft Code of Practice on the marking and labelling of AI‑generated content, intended to support adherence to Article 50 transparency obligations under the EU AI Act. Rules for marking and detecting AI content, aimed at providers of generative AI systems. Labelling duties for deepfakes and AI‑generated text on matters of public interest, aimed at deployers of generative AI systems. Feedback from participants and observers is invited until 23 January 2026; a second draft is anticipated by mid‑ March 2026, with completion scheduled for June 2026. The transparency obligations for AI‑generated content will apply from 2 August 2026. The Code is voluntary and offers a way to demonstrate compliance with requirements for providers to apply machine‑readable marking and for deployers to clearly label deepfakes and AI‑text...
Athleta ( ITM) Inc v Sports Group Denmark and another [2025] EWCA Civ 1584 What are the practical implications of this case? The decision highlights the interplay that arises when the issue of genuine use of a mark is examined in tandem with a passing off claim based on the same or a similar sign. While the legal criteria differ for establishing genuine use of a registered trade mark and for proving the creation of goodwill, the evidential foundations will frequently overlap. There will inevitably be scenarios where activity is adequate to constitute genuine use yet does not establish a link between the sign and goodwill. Where the use carries real commercial weight, litigants and their advisers pursuing revocation on the one hand and seeking to sidestep passing off on the other must assess whether the genuine use and goodwill points are likely to rise or fall...
Financial services developments HMT consults on Specified Authorised Benchmark Regime HM Treasury ( HMT) has opened a consultation on the Specified Authorised Benchmark Regime ( SABR), a wholly new framework for benchmarks that will supplant the UK Benchmarks Regulation and confine oversight to benchmarks, or their administrators, that could present systemic risks to UK financial markets. HMT anticipates the SABR will cut the number of benchmark administrators within regulatory scope by as much as 80 to 90 per cent. The consultation runs until 11 March 2026. Within the SABR, HMT—acting on advice from the Financial Conduct Authority ( FCA)—would designate the benchmarks and benchmark administrators brought into scope. Any other benchmarks and administrators offering benchmarks in the UK would fall outside regulation. The designation tests would look at whether there could be an impact on the integrity of the UK financial system and...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental enforcement and prosecutions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Environment Highlights 2025/2026 Air emissions and climate change Welsh Government updates climate change targets and carbon budgets guidance The Welsh Government has refreshed its guidance on climate targets and carbon budgeting, setting out Wales’s legal framework for reaching net zero by 2050. It confirms interim cut targets of 63% by 2030 and 89% by 2040, and prescribes five‑year carbon budgets with a 0% carbon credit cap, requiring delivery through...
In this issue: Advertising, marketing and sponsorship Contracts International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q& A Commercial Highlights 2025/2026 Advertising, marketing and sponsorship ASA rulings—17 December 2025 The Advertising Standards Authority ( ASA) received six objections about adverts for weight-loss medicines and services, covering promotion of prescription-only medicines, irresponsible body-image messaging and gender stereotyping, plus assertions that a medicine assists beyond its authorised indication. The ASA upheld the complaints. See: LNB News 17/12/2025 20. Which? finds budget airlines’ cabin bag fees far higher than advertised Consumer's Association ( Which?) carried out research into budget airline bag pricing, finding that major carriers such as Ryan Air and Easyjet routinely fail to include in the advertised total the realistic cost of baggage. Which? has referred its findings to the ASA for misleading 'from' price claims and the ASA is investigating. See: LNB News 15/12/2025...
In this issue: National Security and Investment Act 2021 Lending Security Aviation finance Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Structured products and securitisation Daily and weekly news alerts New and updated content Useful information Banking & Finance highlights 2025/2026 National Security and Investment Act 2021 No right to full compensation after a divestment direction under the National Security and Investment Act ( R (on the application of L1T FM Holdings Ltd and Letterone Core Investments Sàrl) v Chancellor of the Duchy of Lancaster in the Cabinet Office). In News Analysis: No right to full compensation following divestment order under the National Security and Investment Act ( R (on the application of L1T FM Holdings Ltd and Letterone Core Investments Sàrl) v Chancellor of the Duchy of Lancaster in the Cabinet Office), we review the L1T FM Holdings Ltd judgment. The Court of Appeal concurred with the High Court that Article 1 of...
Mergers The Commission registered notification in PSPIB/4F/ VSA/ Citrosuco ( M.12265) under the simplified merger route—see also, EU mergers—ongoing cases tracker for current merger probes... Antitrust A hearing took place in Case C-762/24 P Conserve Italia and Conserves France v Commission, appealing the General Court’s judgment in Case T-59/22, which annulled the Commission’s decision in Canned vegetables ( AT.40127)—see further, application. For all live antitrust appeals before the Court of Justice, consult the Court of Justice appeals—ongoing cases tracker... State aid The Commission has cleared under EU State aid rules: a German scheme (€1.6bn) to roll out public fast-charging stations for electric heavy-duty vehicles (e- HDVs) at non-serviced rest areas on German motorways—see press release a Hungarian scheme (€14.1bn) to back strategic investments expanding clean technology (cleantech) manufacturing in line with the Clean Industrial Deal—see press release France’s compensation to Institut National de...
Our Practice Compliance forecast as at 16 December 2025 As at 16 December 2025, our Practice Compliance forecast monitors anticipated regulatory developments affecting law firm compliance, enabling you to prepare for any changes that could impact your organisation. Please examine it thoroughly; key points to note are highlighted below. New items we’re tracking this month ICO guidance on lawful basis — the ICO plans to release, in winter 2025/26, updated guidance on lawful basis to address DUAA 2025 revisions. See: Data protection, AI and cybersecurity. LSB consultation on policy statement on encouraging a diverse legal profession — the LSB has opened a consultation on a draft policy statement promoting diversity across the legal profession. The draft statement sets out......
Eurochem North- West-2 LLC v LLC ‘ MT Russia’ and Tecnimont Sp A A40-231304/2025 What are the practical implications of this case? The ruling, in effect, allows Russian courts to add a party to ongoing proceedings with no immediate right of appeal. The added party is unable to contest the joinder at the outset and must defer any challenge to its lawfulness until the final judgment. In practice, this is a ‘joinder by force’: the party must either commit time and expense to participate (which may prove needless if its objections to joinder are strong, yet remains burdensome), or stand aside and wait to raise those objections after judgment. However, non-participation almost certainly invites a substantive decision against the joined party—one it should not have been compelled to face had an appeal against the joinder been available. It is another...
Motor Insurers Bureau v Houston [2025] EWHC 3178 ( KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any...
Houssein & others v London Credit Ltd & others [2025] EWHC 2749 ( Ch) The High Court had earlier held in 2023 that the Default Rate amounted to an unenforceable penalty. The Court of Appeal, however, concluded that the judge had misapplied the principles in Cavendish Square Holding BV v El Makdessi ( Makdessi) and sent the question back for fresh determination. Under Makdessi, the inquiry is whether a default rate serves a legitimate interest and, if so, whether the amount demanded is still extravagant, exorbitant or unconscionable. A striking aspect of the July 2020 bridging facility letter agreed between London Credit Ltd ( LCL) and CEK Investments Limited ( CEK) (the Facility Letter) was the wording of the ‘ Default Interest Provision’. It stated that, if an event of default under the facility ( Event of Default) occurred and payment was not made,...
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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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