Legal News

‘ The exception for 'pastiches' provided for in this provision is not a catch-all provision, but covers creations that are reminiscent of one or more existing works, while at the same time exhibiting perceptible differences from them,’ the court ruled. German electronic music group Kraftwerk brought proceedings against Pelham Gmb H, the producer of ‘ Nur Mir’, a 1997 track by German rapper Sabrina Setlur. Kraftwerk objected to the unauthorised use of a two-second fragment taken from the group’s recording ‘ Metall auf Metall’......

Private actions CAT refuses CPO in salmon cartel collective proceedings The CAT delivered its judgment in Waterside Class Limited v Mowi ASA and others, addressing an application for a collective proceedings order ( CPO) issued by Waterside Class Limited (the PCR) under section 47B of the Competition Act 1998. The claim maintains that a number of salmon producers engaged in a cartel impacting the price of Atlantic salmon, infringing Article 101 TFEU (until 31 December 2020), Article 53 EEA and the Chapter I prohibition. The CAT declined to certify the claim. Background The case concerns the supply of Atlantic salmon in the UK. The PCR contends that, from 2013 to 2019, the proposed defendants colluded to elevate wholesale salmon prices, including through manipulation of the NASDAQ salmon index and the exchange of commercially sensitive information......

Antitrust Commission sends supplementary SO to Meta; indicates intention to impose interim measures in Whats App AI access case The Commission has issued a supplementary statement of objections ( SO) to Meta, outlining its plan to require Meta, under Article 8(1) of Regulation 1/2003, to restore Whats App access for third‑party AI assistants. This additional SO is within the Commission’s interim-measures process and stems from its initial view that the access changes introduced on 4 March 2026 produce effects comparable to the earlier ban on third‑party AI assistants. The Commission believes Meta’s behaviour endangers competition by posing serious and irreparable harm, potentially infringing Article 102 TFEU. Background On 15 October 2025, Meta unveiled updates to the Whats App Business Solution Terms that, as of 15 January 2026, effectively blocked general‑purpose third‑party AI assistants from accessing and engaging with Whats App users......

Laboratorios Leon Farma SA v The Comptroller- General of Patents [2026] EWHC 663 ( Ch) What are the practical implications of the case? The outcome confirms that patentees still struggle to argue that a patented medicinal product merits an SPC where its active ingredient has already been the subject of an MA, even when that earlier authorisation related to a combination product. The judgment reaffirms the construction of Article 3(d) of Regulation ( EC) 469/2009 (the SPC Regulation). Notably, the court held that the converse of Medeva produces the same position: an earlier MA for a product containing ingredients A+B prevents a subsequent MA for ingredient A alone (and likewise B alone) from fulfilling the criteria for an SPC. In short, a prior combination MA blocks reliance on a later mono‑ingredient MA for SPC purposes, so the statutory requirements under Article 3(d) are not met in these...

Automatic enrolment Introduction of Automatic Enrolment Retirement Savings System Regulations 2025 On 1 January 2026, Ireland’s Automatic Enrolment ( AE) retirement savings system, branded My Future Fund, commenced. The National Automatic Enrolment Retirement Savings Authority ( NAERSA) is tasked with administering the system. AE runs in parallel with current occupational pension schemes and does not replace them. Whether a worker must be enrolled depends on whether their employment counts as ‘exempt employment’. The Automatic Enrolment Retirement Savings System Regulations 2025 ( Ireland) ( AE Regulations), SI No 637/2025, were signed by the Minister for Social Protection in December 2025 and came into force on 1 January 2026. Under the AE Regulations, an employee is in ‘exempt employment’ only where their occupational pension arrangement satisfies new minimum criteria: For defined contribution arrangements, the employer must pay at least 1.5% of gross pay (subject to an annual cap of...

US steel imports will face much tighter limits from July 2026 Following an agreement struck by legislators and Member States on 13 April 2026 on a refreshed safeguard regime, duty-free quota volumes will be cut by around 47% to 18.3 million metric tonnes per year, with out-of-quota consignments facing a 50% tariff. Negotiators from the European Parliament and the Council of the European Union had been working to align on a replacement for the existing EU steel safeguard, which ends on 30 June 2026 (see here), intended to ease import pressures while still allowing access for established suppliers. The measure was first introduced in 2018 to stop surges in foreign steel destabilising the European market, largely linked to US tariffs. Among the most disputed elements was the quarterly carry-over of unused quotas; talks fell short of an outright prohibition (see here). For the first year of...

Financial services developments FCA consults on crypto regime perimeter guidance The FCA has opened a consultation on draft perimeter guidance for the UK’s forthcoming crypto regime. It indicates that consultations on rules for the future cryptoasset framework are largely complete, with policy statements planned for summer 2026. This guidance consultation complements that work by clarifying which activities sit within scope, with a final policy statement expected in autumn 2026. Responses are requested by 3 June 2026. Feedback is invited on the FCA’s interpretation of the perimeter for the following regulated cryptoasset activities: issuing qualifying stablecoins in the UK safeguarding, or arranging the safeguarding of, qualifying cryptoassets and relevant specified investment cryptoassets running a qualifying cryptoasset trading venue dealing in qualifying cryptoassets as principal dealing in qualifying cryptoassets as agent arranging transactions in qualifying cryptoassets arranging staking of qualifying...

Eskander v General Medical Council [2026] EWCA Civ 372 What was the background Dr Amy Eskander appealed to the Court of Appeal against an order of Mr Justice Mansfield in the Administrative Court, which had struck out her statutory appeal challenging a Medical Practitioners Tribunal decision under section 40 of the Medical Act 1983 ( Me A 1983). The Tribunal had ordered a 12-month suspension. Section 40(4) Me A 1983 required any appeal to be lodged within 28 days of notification. She emailed her appellant’s notice to the Administrative Court Office on the final day, but the requisite fee was paid only after the cut-off. Mansfield J concluded the appeal was out of time because the notice was not filed with the fee, as mandated by CPR PD 52B, para 4.1, applying prior authority such as Gupta v GMC [2020] EWHC 38 ( Admin) and...

Boult v Together Personal Finance Ltd [2026] EWHC 809 ( Ch) What was the background? The respondent lender, Together Personal Finance Ltd, granted a short-term secured loan to the appellant, Ms Boult, with security taken by way of a legal charge over her home. The borrower had expressly agreed that only the house would be charged, and she executed the legal charge on that footing. After execution, and without her knowledge or consent, the lender’s solicitors altered the instrument by adding, in handwriting, a second property owned by her. The amended charge was then registered against both titles at HM Land Registry. The borrower later discovered the inclusion of this additional property and challenged the validity of the charge. Possession proceedings were issued in the County Court, where she relied on the rule in Pigot’s Case (1614) 11 Co Rep 26, asserting that the...

Background and approach Market Standards has undertaken research to assess the prevailing patterns in UK public M& A. The findings draw on the Market Standards transaction data analysis tool, which enables users to access, analyse and compare distinctive aspects of a wide range of corporate deals. This publication updates our Market Standards Trend Report— Trends in UK public M& A in 2025, where we reviewed firm and possible offers announced during 2025. For this iteration, we examined activity across 1 January 2026 to 31 March 2026 ( Q1 2026). We have also set the results against both the immediately prior quarter (1 October 2025 to 31 December 2025) and the like-for-like period in 2025 (1 January 2025 to 31 March 2025); however, firm conclusions will only be drawn once the full-year 2026 trend report is complete. In total, we assessed 30...

CCC v Sheffield Teaching Hospitals NHS Foundation Trust: What was decided and what further issues arise? When the claimant entered the world, she sustained profound brain damage due to hypoxia, arising from negligent medical care. After a trial before Ritchie J, she received a capital award of £6,866,615 together with periodical payments of £394,940 p.a. Within that figure sat £160,000 for earnings lost up to age 29, which both sides accepted reflected her life expectancy. It was further common ground that she would have achieved GCSEs and some higher-level qualifications leading to remunerated work. Nevertheless, Ritchie J declined to grant any damages for lost earnings in the 'lost years', reasoning that the injury occurred at birth and the claimant was a young child; Croke v Wiseman [1982] 1 WLR 71 ( CA) was binding authority establishing that claims for lost years earnings cannot be...

This roadmap sets out a checklist for employers to use as they ready themselves for full transposition on 2 December 2026. Although national implementing laws are in progress, Irish employers can already move on the confirmed duties under the EU Platform Work Directive. 1. Confirm whether your organisation falls within scope First, employers should assess if they fit the Directive’s definition of a digital labour platform, covering: services delivered at least in part by electronic means services provided upon the end-user’s request the organisation of paid work carried out by individuals the use of automated monitoring or decision-making systems Checklist actions: map all technology-enabled work allocation models identify any automated tools used for allocation, evaluation, monitoring or decisions document borderline or hybrid business models (mixed gig/standard operations), i.e. areas not clearly a digital labour platform but that may...

Close to fifty claimants, reporting harm or loss following the jab, are urging the UK COVID-19 Inquiry to set out recommendations that would clear the path for alterations to the Vaccine Damage Payment Scheme. The inquiry is scheduled to publish its next report on 16 April 2026. Representing them, Sarah Moore of Leigh Day said the present programme fails to offer prompt or sufficient assistance to people seriously injured or bereaved because of vaccine side effects, and that her clients expect clear, decisive proposals for reform. She further argued that a modern, fair and properly resourced payment scheme would not only give practical help to those already affected, but also reinforce public confidence in vaccination programmes by making sure that rare adverse events are addressed with compassion, accountability and a proportionate level of care......

EU financial services developments ESMA publishes translations of its guidelines on submission of periodic information The European Securities and Markets Authority ( ESMA) has issued translations of its guidelines on sending periodic information to ESMA by benchmark administrators, credit rating agencies, and market transparency infrastructures. The guidelines cover: BMAs from third countries recognised in the EU EU administrators of critical benchmarks authorised pursuant to the Benchmarks Regulation ( BMR) EU-registered credit rating agencies ( CRAs) EU-registered data reporting services providers ( DRSPs) under ESMA supervision EU-registered securitisation repositories ( SRs) EU-registered trade repositories ( TRs) Certified CRAs are not in scope. The guidelines specify the information to be provided by BMAs, CRAs, DRSPs, SRs and TRs to support ESMA’s continuing supervisory work, and set out the expected format and the reporting frequency for the various categories of...

Part‑time work stands alongside other flexible work options, such as job sharing, compressed hours and remote working, all of which have become more widespread in recent years as the COVID‑19 pandemic reshaped where and how people work. Part‑time staff still account for a significant share of the Irish labour market, with 20.6% of the workforce engaged on a part‑time basis. As 67% of part‑time workers are female, the Code also has scope to promote gender equality in the workplace and encourage greater female participation across all levels of the labour market. The updated Code is underpinned by the Protection of Employees ( Part‑ Time Work) Act 2001 ( Ireland) ( PE( PTW) A 2001 ( IRL)), which safeguards part‑time employees from being treated less favourably than comparable full‑time employees, unless there are objective grounds to justify this. PE( PTW) A 2001 ( IRL)...

The government’s response The consultation ran from 31 July to 23 October 2025 and received over 850 responses. Secretary of State Peter Kyle characterised the outcome as delivering ‘the most ambitious legislation to tackle late payments in over 25 years’ and ‘the strongest legal framework on late payments in the G7’. Addressing late payment formed a pledge in the 2024 Labour Manifesto. At the heart of the package is a broadened remit for the SBC. The SBC—an independent public body created by the Enterprise Act 2016—currently helps small firms resolve payment disputes by offering guidance and issuing non-binding recommendations. It will receive three new categories of powers. First, investigatory powers: the SBC will be able to open inquiries on a wider array of evidence, including anonymous tips; require companies to supply information; and conduct compliance checks on payment reporting data, backed by financial...

Hinton and another (as joint administrators of Kession Capital Ltd) v KVB Consultants Ltd ( Company Number 08723839) and others [2026] EWHC 785 ( Ch) What was the background? Kession Capital Ltd’s joint administrators (the company being in administration) sought directions from the High Court, before Deputy ICC Judge Curl KC, invoking IA 1986, Sch B1, paras 53, 55 and 63. The step followed creditors’ rejection of proposals put forward under IA 1986, Sch B1, para 49(1). They asked the court to ‘hold the ring’ by keeping the company in administration until a Supreme Court appeal on another issue was determined, with a further meeting of creditors thereafter. Twenty‑six unconnected judgment creditors opposed the application. When administration commenced, the company was insolvent and not trading. Its move into administration came after enforcement action by a substantial judgment creditor, Mr...

Re B- A ( Placement Order and Contact Order) [2026] EWCA Civ 356 What are the practical implications of this case? The Court of Appeal emphasised that a central strand in recent rulings on post‑placement order contact is that decisions must turn on the particular facts of the individual case. It also noted that, in Re S ( Placement Order Contact) [2025] EWCA Civ 823, [2026] 1 FLR 48, the President highlighted the need for a tailored, bespoke appraisal of future contact arrangements in every matter, specific to each child......

In November 2025, the Commission introduced definitive safeguard measures on EU imports of multiple ferroalloy categories, finding that a surge in import volumes was causing serious damage to the EU-based ferroalloy sector (see here). These restrictions are set to remain in effect until 17 November 2028. That outcome followed a safeguard inquiry launched in December 2024, which examined six manganese and silicon-based alloys, including silicon metal......

R (on the application of East Riding of Yorkshire Council) v Bowers [2026] UKUT 31 ( AAC) What are the practical implications of this case? First, Section F of an EHC Plan must be demonstrably tied to the child or young person ( CYP)’s identified needs. Labelling provision as generally ‘educational’ will not suffice; one must be able to trace a clear line from the needs listed in Section B to the specified provision in Section F. Practitioners should, accordingly, map each item in Section F to discrete needs in Section B and be ready to explain that correspondence. Second, provision aimed at areas of existing strength is open to challenge. Here, the UT concluded that the golf and gym elements addressed strengths recorded in Section B. Although developing a young person’s strengths can be valuable and educational, that does not, of itself, render such support...