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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Zalando v Commission, Case T-348/23, ECLI: EU: T:2025:821 Background: what is a VLOP and why does it matter? The EU DSA, introduced by the Commission to prevent unlawful and harmful behaviour online and to curb the spread of disinformation, created new categories for online intermediary service providers. All online platforms must calculate and disclose their EU monthly active user figures, and the VLOP label is reserved for services with at least 45 million such users. VLOPs face the most stringent obligations under the DSA, including duties concerning enhanced transparency, risk assessment, data sharing with authorities, and more robust action against illegal content and products. Read more about this in our previous blogs here and here. The Zalando case: challenging the VLOP status In April 2023, Zalando was included in the first cohort of platforms designated as VLOPs by the Commission, with the Commission stating that the...
In this issue: Transferring property Property management Environment, energy and buildings Property taxes Key developments and horizon scanning Property in Wales Additional property updates this week Daily and weekly news alerts Trackers Transferring property Contract termination—conditions precedent In Henley Developments 211 Ltd v Weston Homes PLC [2025] EWHC 3200 ( Ch), the High Court rejected the appeal, finding that the “no one may profit from their own breach” principle is an interpretative aid that can be overridden by unequivocal contractual language. It further held that where an agreement sets out a complete regime for termination for breach and, separately, includes mutual (“two-way”) termination rights, those mutual rights can still be exercised even if the event triggering them was brought about by the terminating party’s own breach. The dispute arose from a conditional sale of property priced at £14.5m with a...
Original news Source: FCA Consultation Paper CP25/39: Updating our requirements for a changing pensions market News summary CP25/39 outlines FCA plans to refresh pensions regulation in light of the rapid swing to a DC-led market, where savers carry greater responsibility for retirement choices. Building on DP24/3 and allied reforms - the Value for Money framework, pensions dashboards and targeted support - the FCA intends to modernise rules to better enable informed decision-making. It proposes a more adaptable regime for digital pension projection tools to help members grasp options and likely outcomes, alongside a mandatory comparison step for non-advised DC-to- DC transfers so consumers can weigh charges, investment options and any potential loss of benefits before acting. While this adds time at the outset, the FCA expects better outcomes, fewer abandoned transfers and stronger competition. Proposals on self-invested personal pensions ( SIPPs) are due in early 2026. The FCA will...
In this issue: Copyright & associated rights Trade marks/passing off Patents General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Law360, London reports that the Court of Justice has set out the criteria for when practical items may attract copyright protection. In Mio AB, Mio e‑handel AB, Mio Försäljning AB v Galleri Mikael & Thomas Asplund Aktiebolag, Joined Cases C‑580/23 and C‑795/23, the court held that applied art is treated no differently from any other category when judging originality. See: Court of Justice clarifies copyright rules for utilitarian objects......
In this issue: Key developments UK immigration control: how it works Long residence, discretion and human rights EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Key developments Future developments— Immigration calendar Please note, the Immigration calendar highlights key forthcoming developments of interest to business immigration advisers. UK immigration control: how it works Exploring the earned settlement proposals In the Home Office’s description, the earned settlement plans amount to ‘the biggest shake-up of the legal migration system in nearly half a century’. The Government’s White Paper, ‘ Restoring control over the immigration system’, released on 12 May 2025, flagged a shift to an ‘earned settlement’ model, proposing to lengthen the qualifying residence from five to ten years, with possible reductions where there is...
In this issue: Adjudication Dispute boards Building safety Standard form contracts Procurement in construction Infrastructure projects Arbitration Construction industry news Daily and weekly news alerts New and updated content Construction trackers Adjudication Adjudicator’s mistake on programme incorporation triggers the TCC Guide gateway to opposing enforcement ( Kingsmead v Laycock). In Kingsmead Homes Ltd v Laycock Mechanical Services Ltd [2025] EWHC 2617 ( TCC) and Laycock Mechanical Services Ltd v Kingsmead Homes Ltd [2025] EWHC 2618 ( TCC), the TCC granted a Part 8 declaration after applying the tightly drawn four-stage gateway in section 9.4.5 of the TCC Guide, allowing a contractor to resist enforcement of an adjudicator’s award. Section 9.4.5 permits court intervention where there is a plain jurisdictional misstep on a short, self-contained point, determinable without oral evidence, and where overlooking that error would be unconscionable. The dispute centred on liquidated damages withheld by the contractor for alleged delay. The adjudicator directed payment to the...
In this issue: Arbitration in England & Wales Institutional and ad hoc arbitration International arbitration Investment treaty arbitration Further arbitration and ADR-related news and developments Daily and weekly news alerts Useful information Arbitration in England & Wales Commercial Court clarifies contract wrongful force majeure declaration, AA 1996 s 69 The King’s Bench Division ( Commercial Court) considered an appeal under s.69 of the Arbitration Act 1996 from GAFTA Board of Appeal Award No. 4702, initiated by Olam Global Agri Pte Ltd. The dispute arose from a sale contract for yellow corn to ship from Ukraine or Romania, where Olam improperly invoked force majeure after Russia’s invasion led to the closure of Ukrainian ports. The court addressed two issues of law: (1) whether a non‑defaulting party must establish that it could have performed its own obligations in order to obtain substantial damages when the counterparty has wrongly relied on force majeure; and (2)...
In this issue: Status and worker categories Immigration Recruitment Pay Benefits Pensions Prohibited conduct Public sector equality duty Data protection and employee information Employment Tribunals Civil courts Industrial Relations Law Reports ( IRLR)— January 2026 New and updated content Dates for your diary Trackers Employment resources on Lexis+® Lex Talk®Employment: a Lexis®Nexis community Daily and weekly news alerts Status and worker categories Ofqual launches consultation on new regulatory framework for apprenticeship assessments Ofqual is inviting views on proposed draft conditions, obligations and statutory guidance to oversee apprenticeship assessments. The package gives effect to the Department for Education’s ( Df E) Apprenticeship Assessment Principles, issued earlier this year, intended to streamline and update apprentice assessment. It features nine fresh conditions spanning assessment strategy, adherence to assessment plans, content expectations and standard‑setting arrangements, accompanied by guidance on assessment design, grading and marking methods. This exercise follows and develops Ofqual’s previous review of the regulatory regime for apprenticeship assessment. Stakeholders are asked to respond by 11...
Trend 1: new participants, different challenges Private investment in infrastructure—most notably in renewables—continues to grow worldwide. IJGlobal reports that infrastructure funds secured almost US$112.05bn in H1 2025, up from US$57.85bn in H1 2024. As funds widen their exposure to infrastructure assets, their presence in construction arbitrations is also increasing. This shift in the make-up of project participants is giving rise to fresh procedural and practical issues: Conflicting approaches to contractor claims and arbitration strategy— Infrastructure funds typically inject finance in exchange for equity in the project company, and their engagement is often fixed and relatively short-term compared with traditional developers or owners who tend to remain involved for the long term. This shapes their stance on contractor claims for extensions of time ( EOT) or additional cost, usually prioritising the strongest financial result within the existing project framework. Where a project has...
In this issue: Key PI and Clinical Negligence developments Expert evidence Road traffic accidents Scottish claims Other PI and clinical negligence news Lex Talk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Lexis Nexis® Webinars Useful information Key PI and Clinical Negligence developments Enhanced interest on costs to be calculated using Aggregate Costs method after Part 36 expiry In Barry v Essex CC [2025] Lexis Citation 3734, Deputy District Judge Rathod, sitting at the Court County in Basildon, determined that where a claimant obtains damages at trial and improves on their own Part 36 offer, interest on costs incurred after the offer expires is computed by applying x% per annum to the combined total of all such post-expiry costs (‘the Aggregate Costs method’). Interest is not to be calculated on each separate...
In this issue: UK mergers National Investment and Security Act 2021 UK antitrust UK competition policy EU antitrust EU mergers EU Digital Markets Act EU State aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex UK mergers Vandemoortele/ Délifrance meets the test for reference to a phase 2 The CMA has decided that Vandemoortele Group’s proposed purchase of Délifrance SA satisfies the threshold for a phase 2 referral. Both Vandemoortele and Délifrance supply frozen bakery lines, including croissants and pain au chocolates, to retail and foodservice customers. Those customers bake the products on-site and then sell or serve them to end consumers. At phase 1, the CMA concluded the deal leads to an SLC arising from horizontal unilateral effects in the provision of frozen Laminated Dough ( LD) products to retail and...
In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Litigation Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Online Procedure Rule Committee The Online Procedure Rule Committee ( OPRC) has opened a consultation on the first set of Online Procedure Rules to be made under the Judicial Review and Courts Act 2022. The proposed Online Procedure ( Core Rules and Pilot Schemes) Rules 2026 would set the framework for online proceedings across the civil, family and tribunal jurisdictions. At the outset, only possession proceedings are in scope, with a plan to expand coverage to all cases governed by the Online Procedure Rules over time. The consultation closes on 15 January 2026. For more detail, see: OPRC launches consultation on first Online Procedure Rules under 2022 Act— LNB News 05/12/2025 25. Artificial...
In this issue: Data protection e Privacy Cybersecurity Reputation management Daily and weekly news alerts New and updated content Data protection EDPB adopts recommendations on mandatory user account creation for e-commerce sites The European Data Protection Board ( EDPB) has set out recommendations clarifying the lawful basis for obliging customers to create accounts on e‑commerce services. As a rule, users should be able to interact with sites, including completing purchases, without registering, via a guest checkout or by choosing to open an account. Compulsory registration is justified only in narrow circumstances, such as delivering subscription products or granting access to exclusive deals. The recommendations will undergo public consultation to invite stakeholder views. The EDPB also held initial exchanges on the Digital Omnibus proposal and will issue a joint opinion with the European Data Protection Supervisor. At its 4 December 2025...
In this issue Service charges Disputes and remedies Trespass and adverse possession Contractual issues Repairing obligations and dilapidations Residential tenancies Neighbour and party wall disputes Key developments and horizon scanning Property disputes in Scotland Additional Property Disputes updates Lex Talk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Service charges Leaseholders not liable to contribute through service charges to remedy pre-existing structural defects in right to buy schemes ( The Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster House and Malting House) In The Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster House and Malting House [2025] EWCA Civ 1591, the Court of Appeal ( Civil...
In this issue: Brexit headlines Constitutional and administrative law Judicial review Equality and human rights Public procurement Public sector contracts Information law New and updated content Daily and weekly news alerts Free webinars Dates for your diary Trackers Useful information Brexit headlines UK government and European Commission publish update on Windsor Framework delivery. Following a meeting of the Specialised Committee on implementation, both parties released a joint statement. Notable steps include cutting sanitary and phytosanitary identity checks from 10% to 8% for the Northern Ireland Retail Movement Scheme, advancing EU access to UK customs IT systems, and confirming full application of veterinary medicines rules from 1 January 2026. See: LNB News 04/12/2025 20. Weekly round-up of EU– UK TCA Specialised Committees’ publications—9 December 2025. This summary covers documents issued by...
In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure OPRC opens consultation on inaugural Online Procedure Rules under the 2022 Act The Online Procedure Rule Committee ( OPRC) is consulting on the first Online Procedure Rules to be made under the Judicial Review and Courts Act 2022. The draft Online Procedure ( Core Rules and Pilot Schemes) Rules 2026 are designed to oversee online proceedings across the civil, family and tribunals jurisdictions. At first, coverage will be limited to possession proceedings, with a view to extending to all proceedings within the scope of the Online Procedure Rules in due course. The consultation closes on 15 January 2026. Responses can be submitted online or sent by email to...
In this issue: Commercial Competition and state aid Corporate Data protection and cybersecurity Dispute Resolution Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers Commercial Commission launches consultation on revised unfair trading practices directive The European Commission has opened a public consultation to update EU rules tackling unfair trading practices in business-to-business relationships within the agricultural and food supply chain. The initiative seeks to account for shifting market dynamics and emerging practices, promote fairer dealings across the chain, and answer farmers’ calls for a fairer food system. The review is guided by an evaluation of existing EU rules on...
In this issue: Sanctions AML, CTF & counter-proliferation financing Other financial crime Data protection Daily and weekly news alerts Trackers New and updated content Sanctions OTSI publishes first annual review outlining enforcement priorities The Office of Trade Sanctions Implementation ( OTSI) has released its first annual review, covering 10 October 2024 to 9 October 2025. It explained how it applied its civil enforcement powers under the Trade, Aircraft and Shipping Sanctions ( Civil Enforcement) Regulations 2024, SI 2024/948, and collaborated with HMRC, other government departments and international partners to strengthen the UK’s trade sanctions framework. OTSI underlined both enforcement and prevention, highlighting its work in issuing guidance, supporting compliance, and overseeing the licensing regime. See: LNB News 08/12/2025 46. Home Office imposes sanctions on GRU following Sturgess inquiry report The Home Office and the Foreign, Commonwealth &...
This signals a significant shift in US securities regulation and practice at a pivotal moment in securities law. It opens the door for listed businesses to implement arbitration frameworks the SEC now deems lawful under the Federal Arbitration Act, provided those terms are clearly disclosed. Concurrently, the move rekindles enduring disputes about investor protections, transparency and access to the courts. Brazil’s twenty years of weaving arbitration into its capital markets, in our view, offer a practical template for the SEC to consider, drawing on sustained experience. Where the US stands after the SEC shift While never enshrined by formal rule, SEC staff followed a long-standing practice of refusing to accelerate registration statements that contained mandatory arbitration terms when presented by issuers, a stance applied over many years. They defended this stance on investor-protection grounds, warning that such clauses might curtail shareholder rights under the federal...
Various Claimants v Standard Chartered Plc [2025] EWCA Civ 1581 What are the practical implications of this case? Standard Chartered Bank ( SC) maintained that duties of confidence prevented it from making unqualified disclosure; the Court of Appeal reaffirmed that, while third‑party confidentiality can in principle justify withholding documents from disclosure or inspection, it was insufficient here to outweigh the necessity for disclosure. When advancing an application to withhold disclosure, practitioners will need to produce compelling evidence of confidentiality concerning the specific documents in issue and show that the relevant regulator objects to their dissemination, with clear, document‑specific grounds and explicit indication from the regulator that disclosure is opposed, absent such material, withholding will fail. What was the background? Factual background The proceedings comprised four claims that were being case‑managed together and proceeded on a single set of consolidated pleadings. The claim was brought by 216...
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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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