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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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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...
3i Plc v Decesare (as representative member of the 3i Group Pension Plan) and other companies [2025] EWHC 3023 ( Ch) What are the practical implications of this case? It is commonly understood that a ruling fixing the meaning of terms in one instrument does not bind a later court faced with different wording, yet earlier decisions can still carry weight as illustrations of how particular expressions might be interpreted elsewhere, in light of the reasoning for preferring one construction over another. In British Broadcasting Corporation v BBC Pension Trust [2024] EWCA Civ 767 (the BBC case), the Court of Appeal examined an amendment power which barred changes from operating in relation to active members whose interests were said by the scheme actuary to be affected, save where specified exceptions applied. No amendment was to take effect for active members unless one of several...
WASPI On 2 December 2025, WASPI said it had pulled its judicial review after the government pledged to look again, within three months, at its stance against compensating millions of women. In June 2025, the High Court then granted WASPI permission to challenge the government’s original decision, and a judicial review hearing had been formally listed for 9–10 December 2025. Angela Madden, chair of the campaign, warned ministers that it 'should be in no doubt that WASPI stands ready to return to court early in the new year if it yet again fails to do the right thing'. Pat Mc Fadden, secretary of state for work and pensions, stated in a letter to MPs published in November 2025 that the government would 'retake' its initial decision originally taken in 2024......
Mergers The CMA has opened an invitation to comment on the proposed acquisition by CRH ( UK) Limited of Gibson Bros Limited, Gibson Quarries ( Banbridge) Limited, Gibson ( Banbridge) Limited, T. H. Moore ( Contracts) Limited, Gibson Bros ( Ireland) Limited and M P Coleman Limited—see the case page for more. Note—for details of all live mergers before the CMA, consult the UK mergers—ongoing cases tracker. Upcoming dates: for forthcoming UK competition developments, please refer to the UK Competition calendar......
Mergers Commission unconditionally clears Mars/ Kellanova merger after phase II The Commission gave unconditional approval to Mars, Incorporated’s ( Mars) planned takeover of Kellanova (previously the Kellogg Company) ( M.11753). Mars supplies an extensive portfolio of well-known food product lines worldwide, spanning chewing gums, chocolate confectionery, sugar confectionery, rice and pet food items. Within the EEA, Kellanova is best recognised for its stack chips sold under the Pringles label and its ready-to-eat cereals marketed under the Kellogg’s brands. The Commission assessed whether the addition of Kellanova’s labels to Mars’ already sizeable line-up would materially and significantly strengthen Mars’ bargaining position with retailers, notably by allowing it to use a wider assortment to obtain higher prices. It concluded that Mars and Kellanova each already possess some market power in several product segments across numerous Member States, and that the combined group would, in...
EU financial services developments Solvency II review: EIOPA publishes new and updated guidelines After reviewing the Solvency II framework, the European Insurance and Occupational Pensions Authority ( EIOPA) has issued new guidance on exclusions from group supervision; revised guidance on the treatment of related undertakings; and an updated opinion on the supervisory assessment of internal models with dynamic volatility adjustments. The guidance on exclusions from group supervision sets out the conditions under which group supervisors may choose to exclude undertakings from group oversight. It clarifies that any such exclusions are allowed only in exceptional circumstances and must be duly justified. The rules seek......
Why is a reform of the law of contempt needed? Contempt of court in England and Wales has evolved to safeguard the public interest in the proper administration of justice and the right to a fair trial. The penalties are weighty, ranging from financial sanctions to custodial terms of up to two years. Although comprehensive figures are scarce, the Law Commission considers it plausible that each year more than 100 individuals receive either immediate or suspended prison sentences for contempt offending. Developed incrementally over centuries through the common law, augmented by piecemeal statutes, the current framework is widely acknowledged to be challenging to navigate, leaving a patchwork that is increasingly hard to chart. In particular, the rift between civil and criminal contempt has widened, generating uncertainty for practitioners and parties alike. Crucially, that classification does not turn on whether proceedings occur in the civil or...
On 1 December 2025, US District Judge Dale E. Ho ruled that arbitrator Tina Cicchetti had indeed considered the contested materials: an expert analysis of Mauritian anti-money laundering legislation and evidence that the project counterparty, Vision Indian Ocean SA, had purportedly removed Symbion from project management. Judge Ho observed that Symbion and RW Chelsea effectively conceded this by pointing to portions of the award where Cicchetti recognised both categories of evidence. A Symbion spokesperson said RW Chelsea, previously Symbian Energy Holdings Ltd, has exited its investment in Symbion and agreed to indemnify it in relation to the arbitral award. The spokesperson added that Symbion no longer has any involvement with the Mandroseza Power plant. Symbion and RW Chelsea further alleged misconduct by Cicchetti for rejecting their contention that Vision Indian Ocean had mounted 'abusive' proceedings before a Malagasy...
Mr Justice David Waksman firmly dismissed the mining conglomerate’s bid for an anti-suit injunction. As a result, Pogust Goodhead can now seek to depose Andre de Freitas should the law firm pursue its threatened claims against BHP Group over an alleged £1.3bn avoidance of legal fees. The firm represented thousands of Brazilians in a £36bn action against BHP stemming from the dam’s 2015 collapse. A High Court judge ultimately ruled the miner legally liable for the environmental harm in November 2025 then. De Freitas previously served as president of the Renova Foundation. Created in Brazil in 2016 to oversee compensation after the disaster, the foundation has since been formally wound up there and dissolved entirely......
BY v GC ( No 2) [2025] EWFC 397 What are the practical implications of this case? Although the decision does not depart from the prevailing orthodoxy on computation and expert evidence, it remains a practically helpful authority for practitioners. Its utility arises in several ways: It offers a detailed demonstration of how compelling single joint expert ( SJE) valuation evidence can be where the expert reaches robust conclusions and presents well at trial (paras [116], [117], [207]). It serves as useful authority for advisers acting for clients (as with the husband in this case) whose own direct personal experience may enable them to give their own opinion evidence on business valuation (para [94]). It may provide some succour to clients whose Daniels v Walker [2000] Lexis Citation 2817, [2000] All ER ( D) 608 applications have been...
Financial services developments FCA package aims to boost UK investment culture The Financial Conduct Authority ( FCA) has set out a suite of steps intended to support retail investing and strengthen wholesale markets as part of a broader package. Consultation paper CP25/36: Client categorisation and conflicts of interest proposes a framework enabling firms to judge whether a client qualifies as a professional client. It further proposes streamlining the conflicts of interest regime. Feedback is invited by 2 February 2026. In addition, the FCA has released a statement on collaboration between firms to manufacture products or services; a discussion paper ( DP25/3) on widening consumer access to investments; and a policy statement ( PS25/20) setting out final rules for consumer composite investments. According to the FCA, CP25/36, Client categorisation and conflicts of interest includes measures ‘to make sure our conflicts of interest rules are...
Since April 2025, the CMA has run a significant, economy-wide review spanning more than 400 businesses across 19 distinct sectors in order to check adherence to price transparency rules. Drawing on the findings of this exercise, as well as further monitoring, the CMA flagged potential compliance issues in 14 sectors, such as drip pricing and misleading countdown clocks, which are now prohibited under the new framework. To tackle the concerns it has found, the CMA is using a two-tier strategy: initiating targeted enforcement against a limited set of companies and issuing advisory letters to 100 firms, while also releasing the final version of its price transparency guidance ( CMA209) to help businesses meet their legal requirements in full. Enforcement action The CMA has begun investigations into eight companies that it has reason to believe may have breached consumer law regarding their use of fees, their use of...
Lucasfilm did not benefit in any way at Tyburn Film Productions Ltd's expense, counsel said to the appeals court there on 3 December 2025, in part because it already possessed rights over Cushing's likeness and an agreement and consent from the Cushing estate to 'resurrect' him as Grand Moff Tarkin. Tyburn contends it earlier made an agreement with the late actor then, at the time, granting the company a veto over any use of his image prior to his 1994 death. That contract concerns a TV series titled ' Heritage of Horror', which never aired. Tyburn further asserts the deal permits it to effectively 'resurrect' Cushing using stand-ins and CGI to ultimately finish the programme then if the actor were to die whilst filming remained in progress......
EU financial services developments EIOPA consults on draft revised guidelines as part of Solvency II review The European Insurance and Occupational Pensions Authority ( EIOPA) has opened two consultations within the Solvency II review. One sets out draft updated guidelines on group solvency; the other covers supervisory reporting and public disclosure. According to EIOPA, the changes aim to clarify and rationalise current material, without lowering supervisory expectations. They do not add new guidance on how the legal framework applies. Feedback is requested by 27 February 2026. As the Solvency II review progresses, EIOPA is reviewing all current guidelines to confirm they remain aligned with the amended regulatory framework. In parallel, the guidelines are being simplified and streamlined wherever feasible. The refreshed group solvency guidelines revise the 2015 text to reflect the amended Solvency II framework and refine provisions to further explain solvency...
Mergers The Commission approved: the purchase of exclusive control of Novo Banco SA by BPCE S. A....
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) What was the background? Kingsmead Homes Ltd, as the contractor, appointed Laycock Mechanical Services Ltd, the subcontractor, to deliver plumbing and electrical works. Alleging site delays by Laycock, Kingsmead deducted liquidated damages from sums due. Following adjudication, the adjudicator ordered Kingsmead to pay Laycock £27,895.26 plus VAT and his £4,000 fee, but Kingsmead did not comply. Laycock issued Part 7 enforcement proceedings and sought summary judgment, relying on the ‘pay now, argue later’ principle. Kingsmead did not dispute the adjudicator’s jurisdiction or raise any natural justice challenge. Instead, it attempted to resist enforcement by advancing a Part 8 claim for declaratory relief, asking the court to decide that claim summarily as a basis to withhold...
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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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