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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Fauré Le Page Maroquinier SAS, Fauré Le Page Paris SAS v Goyard ST- Honoré SAS, Case C‑412/24 What are the practical implications of this case? Article 3(1)(g) of Directive 2008/95/ EC blocks registration of trade marks that, at filing, are likely to mislead the public about the nature, quality, or geographical origin of the goods or services. The AG states a mark must contain a precise indication of those features. On that view, inserting a year, without wording that makes clear it denotes the proprietor’s incorporation date or the first manufacture of the goods, is not sufficiently specific. The focus is the filing date; if the sign risks deception, it is caught by Article 3(1)(g). For invalidity actions under that ground, outside issues — for example, whether the proprietor can legitimately claim the year as part of its heritage — are...
X v Lord Advocate [2025] UKSC 44 Background In this appeal, the Supreme Court was invited to determine whether the Crown bears vicarious responsibility for civil wrongs said to have been carried out by John Brown while he was a sheriff (a member of the Scottish judiciary). The pursuer, a practising lawyer, maintains that Mr Brown is liable in delict (the Scots law counterpart to the English law concept of tort) for assaulting her on three separate occasions. Two incidents allegedly took place in the court building where he sat as a sheriff, and a third occurred on a train. After she complained about his behaviour, he also attempted to contact her on her mobile phone. The pursuer further contends that the sheriff is liable for those assaults and, treating the four incidents together, for harassment contrary to the Protection from Harassment Act 1997. The...
What are the practical implications of this case? This ruling has significant consequences for practitioners involved in international sales, commodity trading and arbitration. The Court of Appeal held that, when several arbitration clauses appear across different layers of contractual paperwork, the clause contained in the conditions particulières—in this instance, the broker’s pre-printed CAIP wording—takes priority over any arbitration clause found in incorporated industry-standard terms, as it serves as an express contrary agreement to those general conditions. The Paris Court of Appeal reiterates a fundamental principle of French international arbitration: the parties’ shared intention governs, identified through objective indicators of consent, including consistent acceptance and execution of broker-issued confirmations. On procedure, the decision shows that French courts apply a stringent review of jurisdiction under Article 1520(1) CPC, while consciously avoiding any reconsideration of the merits. It further clarifies that mere references to commonly used trade terms (such as...
Employment Judge Michelle Sutherland In a decision issued on 3 December 2025, Judge Michelle Sutherland found that Maria Kelly had not shown that a toilet access policy based on gender identity rather than biological sex discriminated against biological women or exposed them to greater harm. The tribunal, sitting in Edinburgh, concluded that female employees, the claimant included, were not put at a particular disadvantage compared with men; alternatively, any disadvantage was merely minor and insignificant. Kelly joined Leonardo UK as an engineer in 2007. According to the ruling, the defence and security firm had no toilet access policy until June 2023, when it advised staff that access would be determined by gender instead of biological sex. Kelly challenged the new approach, asking how gender identity would be established and arguing that, in effect, it made all toilets mixed. She sought a single-sex facility for women, lodged a...
The Court of Justice said utilitarian products can be classified as a 'work' under the EU's copyright laws, as long as the subject matter is the author's own intellectual creation. The court also confirmed that creators may claim both design and copyright protection for the same goods, as these intellectual property rights operate in parallel and are not mutually exclusive. It rejected the idea of any rule-and-exception relationship between design law and copyright. Consequently, when considering the originality of applied art, decision-makers should not apply a tougher standard than that used for other forms of subject matter. The ruling originates from two distinct disputes involving furniture manufacturers in Sweden and Germany. In one of those cases, Swedish producer Galleri Mikael & Thomas Asplund alleges that retailer Mio AB infringed its copyright in relation to dining tables......
Veale and others v Scottish Power UK Plc [2025] UKSC 45 Background Robert Crozier succumbed to mesothelioma in 2018. In this appeal, the Supreme Court is asked to determine whether his immediate family members can obtain damages from his former employer, Scottish Power UK Plc ( Scottish Power), under D( S) A 2011. Crozier worked for Scottish Power from 1969 until 1992. In 2014, he issued proceedings seeking damages against his former employer, having developed pleural plaques and asbestosis as a consequence of exposure to asbestos during the course of his employment. The dispute was settled by agreement between the parties. At the point of settlement, he had not developed mesothelioma; however, the sum paid included compensation reflecting the risk that he might develop mesothelioma in future. By virtue of that settlement, Scottish Power’s liability to Crozier was discharged, with the result that he could not...
Financial services developments Government and FCA publish reports on motor insurance pricing HM Treasury ( HMT) and the Department for Transport have issued the Motor Insurance Taskforce’s concluding report, setting out what government bodies and regulators are doing to steady and lower the premiums motorists pay. Alongside this, the Financial Conduct Authority ( FCA) has shared results from its study into how motor insurance pricing relates to local ethnicity patterns across England and Wales. The Taskforce also examines features of the UK motor insurance sector, describing it as highly competitive and inventive, yet subject to genuine and rising costs of serving drivers in recent years. It highlights that insurers have faced real and increasing costs when serving motorists in recent years. The FCA’s work, conducted as part of its collaboration with the Taskforce, responded to Citizens Advice’s concern that people from minority ethnic groups are...
EU financial services developments EBA publishes RTS on factors assessing the appropriateness of real estate risk weights The European Banking Authority ( EBA) has issued the final draft of its amending regulatory technical standards ( RTS), outlining the types of factors that national authorities should consider when judging the appropriateness of real estate risk weights. This update is prompted by the revised Capital Requirements Regulation ( CRR3), which grants the EBA a new mandate in relation to the Standardised Approach of credit risk. After reviewing the CRR3 amendments to the treatment of exposures secured by immovable property under the Standardised Approach of credit risk, the sole change to the existing RTS is to refresh the pertinent legal references so they align with the new banking framework. The original RTS also addressed a separate mandate under the IRB on the...
What lies behind the measures announced at Budget 2025, and set out in Finance Bill 2026, aimed at promoters of marketed tax avoidance? Although the government’s recent policy paper and earlier consultations use the term ‘promoters’, the scope of the changes extends to a far broader population indeed. This marks the latest step in HMRC’s sustained drive to eliminate entirely the practice of creating a ‘tax avoidance scheme’. What began with DOTAS ( Disclosure of Tax Avoidance Schemes) in 2004 has widened markedly over the intervening twenty years. Across that period, its reach and application have expanded significantly and persistently too. These particular proposals first appeared in a consultation announced at the Autumn Budget 2024 and launched at the Spring Statement 2025, and those proceeding now feature in Finance Bill 2026 (also known as Finance ( No 2) Bill 2024–26), published on 4 December 2025. What are the...
The European Commission has opened a public consultation to update EU rules curbing unfair trading practices in business-to-business dealings across the agricultural and food supply chain. The initiative seeks to mirror changing market dynamics and......
See Practice Notes: Part 26A restructuring plan deal debrief— Argo Blockchain plc Part 26A restructuring plan deal debrief— Fossil ( UK) Global Services Ltd For a summary of restructuring plans, see: Restructuring plan—overview......
On 3 December 2025, the LMA reported its emerging litigation forum had convened once to hear from solicitors about trends in legal cases concerning perfluoroalkyl and polyfluoroalkyl. Together, these substances are termed PFAS, and are commonly known as so-called forever chemicals. Multiple sizeable class actions have been filed in the US against PFAS producers, resulting in settlements amounting to several billion dollars. Solicitors expect to see comparable litigation in Britain in the near future, which may have a knock-on impact on......
Financial services developments FCA consults on fund liquidity risk management proposals The Financial Conduct Authority ( FCA) is consulting on measures to strengthen liquidity risk oversight. Consultation Paper CP25/38, Enhancing fund liquidity risk management, sets out a suite of new rules and accompanying guidance aimed at authorised fund managers ( AFMs) responsible for UCITS schemes as well as non‑ UCITS retail schemes ( NURS). The FCA also proposes adding two further guidance annexes to the Collective Investment Schemes Sourcebook ( COLL), bringing together key elements of IOSCO recommendations alongside the expectations it has already communicated on liquidity risk management. Stakeholders are asked to submit responses by 23 February 2026. Through targeted adjustments to the existing framework for fund liquidity risk management, the regulator seeks to embed and reinforce current good practice across the sector. Its proposals seek to: encourage effective and...
Practice Note: Insurance alternatives to litigation funding For overview of the financing of insolvency litigation and investigations, refer to: Funding of insolvency litigation and investigations—overview......
The revised guidance introduces notable alterations to the current so‑called queue mechanism and adjusts incentives across applicant categories with differing profiles and circumstances, in particular for varied applicant types. The CMA aims for these revisions to materially and significantly boost the motivation for companies to self‑report antitrust compliance concerns. For businesses, the tweaks complicate the assessment calculus when weighing a potential compliance lapse and the routes available to limit negative outcomes—including exposure to private damages claims as well as fines—yet may not move the needle as much as the CMA anticipates in practice. The benefit of being first Leniency captures the potential advantages of alerting a competition authority to unlawful conduct in exchange for a reduction in, or sometimes even full immunity from, administrative penalties. In turn, applicants typically must acknowledge the competition law breach and fully assist the authority throughout its inquiry. The most...
Antitrust Commission launches investigation into Google’s use of publisher and You Tube content for AI training The Commission has initiated a formal competition investigation to determine whether Google has infringed Article 102 TFEU by using web publishers’ material and content uploaded to You Tube for artificial intelligence ( AI) purposes on unfair terms ( AT.40983). Commission’s concerns The Commission is assessing whether Google has: used web publishers’ content to produce AI-driven features on Google Search, including AI Overviews ( AI-generated summaries shown above organic results) and AI Mode (a chat-style search tab), without proper remuneration and without giving publishers a meaningful way to refuse such use without risking reduced access to Google Search, and/or used You Tube material, including videos and other uploads, to train its generative AI models without compensating creators and without providing an opt-out......
Special resolution regime for central counterparties Consult Practice Note: Special resolution regime for central counterparties. For a summary of the special resolution......
EU financial services developments EU CRR: amended ITS on operational and market risk reporting published in Official Journal Commission Implementing Regulation ( EU) 2025/2475 of 8 December 2025, which revises the implementing technical standards ( ITS) in Implementing Regulation ( EU) 2024/3117 under the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR), now appears in the Official Journal of the EU ( OJ). The amendments align institutions’ supervisory reporting with the updated prudential framework for operational risk own funds, introducing new and adjusted templates following further technical development of the business indicator and associated exclusions. The text also gives effect to Commission Delegated Regulation ( EU) 2025/1496, deferring the application of the new market risk own funds requirements to 1 January 2027. Accordingly, the existing market risk reporting regime under Commission Implementing Regulation ( EU) 2021/451 will continue to apply until 31 December 2026, and the...
County Insurance Services Ltd v HMRC [2025] UKFTT 1440 ( TC) The partnership commenced in 1984, trading from retail premises and providing a diverse blend of independent financial advice, personal lines cover and commercial insurance services. Around 1 April 2002, the split of business was roughly 55% independent financial advice, 30% personal insurance and 15% commercial insurance, respectively. In subsequent years the advisory side progressively waned, and in 2006 the firm disposed of its independent financial advice arm, notified the FSA, and, accordingly, its independent financial advice permissions were then formally withdrawn. Around that period it received notice to quit its high-street site, subsequently relocated in 2007 to larger business-park offices for its operations, and, in particular, refocused on home insurance and rural commercial policies, leaning increasingly on a wholesale model. In 2013 a company was incorporated which acquired the...
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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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