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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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3i v Decesare [2025] EWHC 3023 ( Ch) Mr Justice Richard Smith refused an application by John Decesare, compliance chief at 3i, seeking to contest the lawfulness of the 2023 closure of the company’s pension scheme (3i v Decesare [2025] EWHC 3023 ( Ch)). Decesare contended the employer failed to comply with scheme provisions when opting to return the anticipated £83m surplus to the business. His challenge centred on the submission that trustees were obliged to weigh members’ prospective interests alongside those already accrued, a contention Smith J rejected. In support, he relied on BBC v BBC Pension Trust [2024] EWCA Civ 767, where the court concluded that the national broadcaster was required to consider employees’ future interests when winding up its pension programme......
Milton Park Holdings Ltd and another v HMRC [2025] UKFTT 1353 ( TC) A partnership ( MPP) ran a care homes business from properties that were owned by two of the individual partners. Two corporate partners, BHL and BCSL, which were controlled by those individual partners, supplied staffing and administrative services. The background to the dispute comprised the following transactions: The individual partners incorporated a company, MPHL, in Jersey. MPHL acquired the business and assets of MPP, including an asserted £173 million of goodwill, which it subsequently amortised in its accounts. MPHL also acquired another company, MPL, from one of the individual partners. MPL entered into a partnership ( MCP) with (i) the son of one of the individual partners, (ii) BHL, and (iii) BCSL to carry on the nursing home business......
What are the practical implications of this case? The principal practical message for practitioners is that the law of contempt exists to monitor adherence to the express terms of prohibitory injunctions and to penalise any breach that occurs. Its policing function is directed at clear, express prohibitions, not at conduct merely thought to be inconsistent with an injunction’s objectives. It is not endowed with a broader, amorphous mandate to supervise injunctions in the round, and alleging contempt is inappropriate where the behaviour does not amount to an actual contravention, even if it cuts across the spirit or intended purpose of the order. Beyond that, the judgment includes noteworthy commentary on the interrelationship and distinctions between civil and criminal contempt, particularly noting that, in practice, the gap between those concepts has materially narrowed in recent years. What was the...
On 21 November 2025, CILEx Regulation—the watchdog for members of the Chartered Institute of Legal Executives—stated that the applications were made after the Legal Services Board approved its ability to authorise litigation rights, in response to the Mazur judgment issued by the High Court in September. The organisation, which oversees about 18,000 legal professionals, said it has increased its capacity to process the applications amid worries that some executives could face losing their jobs. ‘ We have......
Mergers The Commission has cleared the following transactions: Affiliates of Stonepeak Partners LP to take sole control of Global Sea Containers Ltd ( M.12043)—see further, Midday Express AIP, LLC to obtain sole control of International Paper Company’s global fibres business ( M.12157)—see further, Midday Express Metinvest B. V. to assume sole control of Arcelor Mittal Tubular Products Iasi S. A. ( M.12034)—see further, Midday Express The Commission was notified of Arcmont/ HPS/ Dainese ( M.12195) under the simplified merger procedure The public version of the Commission’s clearance decision in Methanex/ OCI Methanol Business ( M.11812) has been released—see further, decision The Commission has suspended the phase II investigation deadline in MMG/ Brazilian Nickel...
R (on the application of) Prestige Social Care Services Ltd v Secretary of State for the Home Department [2025] EWHC 2860 ( Admin) What are the practical implications of this case? Prestige Social Care Services Ltd now stands as the leading first‑instance ruling on what counts as a ‘non‑genuine role’ under Annex C1(z), in the wake of Prestwick Care Ltd. First, the court confirms that Ground (z) proceeds via two routes: an ‘examples route’ ( Ground (z) and paras C1.46– C1.47), under which conclusions of pretence, overstatement, fabrication, or posts contrived to facilitate immigration require dishonesty or other blameworthy conduct, and the Balajigari/ R ( SCL Social Care) procedural fairness protections apply [51]–[53]; and a ‘ C1.44 route’, where—by ‘focussing on the role not the worker’— UKVI may treat a role as non‑genuine if it reasonably finds the vacancy, as...
Supreme Court rules that a director who unlawfully moves company assets following liquidation commits a breach of fiduciary duty and must reimburse the company for the consequent loss ( Mitchell and another ( Joint Liquidators of MBI International & Partners Inc ( In Liquidation)) v Sheikh Mohamed Bin Issa Al Jaber) Mitchell and another ( Joint Liquidators of MBI International & Partners Inc ( In Liquidation)) ( Respondents) v Sheikh Mohamed Bin Issa Al Jaber ( Appellant); Mitchell and another ( Joint Liquidators of MBI International & Partners Inc ( In Liquidation)) ( Appellants) v Sheikh Mohamed Bin Issa Al Jaber ( Respondent) No 2 [2025] UKSC 43 Background Sheikh Mohamed Al Jaber ('the Sheikh') is a prominent global entrepreneur and serves as founder and chair of numerous business enterprises. He acted as a director of MBI International & Partners Inc (the '...
On 18 November, European Commissioner for Justice Michael Mc Grath said he had heard industry feedback and concluded the EU need not impose rules on third‑party funding. Instead, Europe would centre efforts on implementing EU legislation that brings in a pathway for consumer class actions throughout the bloc, rather than drafting further regulatory measures at present. He explained that, based on that input, the Commission would give priority to overseeing how the Representative Actions Directive is applied in consumer collective redress, speaking at the closing session of the EU’s high‑level forum on justice for growth. On 20 November 2025, Paul Kong, executive director of the International Legal Finance Association ( ILFA), welcomed Mc Grath’s unequivocal indication that regulation of third‑party litigation finance at EU level is not envisaged. He added that this seemed to shut down any discussion about fresh rules, which, in his view,...
UKSIF voiced strong support for the Labour government’s July 2025 decision to bring back the Tony Blair-era commission to look into the adequacy of retirement savings, reflecting concerns that future pensioners are likely to be poorer than earlier generations. However, the group—which speaks for 300 financial institutions, including British pension funds—also raised worries that climate change and the global transition to a net-zero carbon economy are absent from the Commission’s terms of reference. James Alexander, UKSIF’s chief executive, urged the government to think again on this omission......
Private actions The CAT has granted collective proceedings orders ( CPOs), permitting Mr Justin Gutmann to pursue collective damages claims under section 47B of the Competition Act 1998 against Vodafone, EE/ BT, Telefónica UK ( O2) and Hutchison 3G UK ( Three). This outcome follows the Tribunal’s judgment of 14 November 2025 on limitation and certification—see further: order ( Vodafone), order ( EE/ BT), order ( H3G) and order ( Telefónica). Note— For live private actions in the UK that have been made public, see further also the UK private actions—ongoing cases tracker. Upcoming dates— For dates of forthcoming UK competition developments, see further the UK Competition calendar......
High Court Judge Robert Jay ruled that the Brazilian 'had a real prospect' of proving at trial that Formula One, its former chief executive Bernie Ecclestone and the sport's governing body, FIA, conspired to cover up events surrounding a deliberate crash during a race in Singapore. Massa firmly contends he should be recognised as the legitimate 2008 world champion, having been edged by Lewis Hamilton by a solitary point. Nelson Piquet Jr. intentionally crashed in Singapore on orders from Renault. According to Massa, the repercussions of that crash ultimately deprived him of the crown. He argues the Singapore Grand Prix result ought to have been formally voided. His claim is anchored in a 2023 interview Ecclestone granted to the F1 Insider website. In it, the ex- F1 boss admitted that he and Max Mosley, then FIA president, were aware the incident was...
Competition policy European Commission authorises signing of the EU- UK Competition Cooperation Agreement In the Official Journal, the European Commission ( Commission) has issued Council Decision 2025/2376 of 4 November 2025, authorising, on behalf of the European Union ( EU), the signature of the Agreement between the EU and the United Kingdom of Great Britain and Northern Ireland concerning co-operation on the application of their respective competition laws ( EU- UK Competition Cooperation Agreement). The signature remains subject to the Agreement being concluded......
Mergers Commission issues statement of objections in its phase II investigation into UMG/ Downtown The Commission has issued its statement of objections to Universal Music Group N. V. ( UMG) and Downtown Music Holdings LLC ( Downtown) concerning its continuing probe and investigation into UMG’s planned purchase of Downton. UMG, headquartered in the Netherlands, runs businesses spanning wholesale recorded music, music publishing, merchandising and audio‑visual content across multiple markets. Downtown, based in the US, is a rights management and music services company operating internationally. It provides artist and label ( A& L) services to third‑party record artists and labels, music publishing services to third‑party authors and songwriters, together with royalty administration and other ancillary services for third‑party artists and labels. On 22 July 2025, the Commission sent the deal to an in‑depth phase II review due to worries that the merger could enable UMG to...
The government's plan to press ahead with legislation to remove the right to trial by jury for thousands of cases will fail to ease the burden on the courts without substantial investment in police, prosecutors, courts and the broader justice system, legal representative bodies told Law360. In a Guardian interview on 20 November 2025, justice minister Sarah Sackman said the government would set out in December plans to route large numbers of cases to judges rather than juries. She indicated many hearings would be listed before judges, not juries. The measure, drawn from a review of the faltering courts system, is among its most hotly disputed proposals. Barbara Mills KC, chair of the Bar Council, warned in a statement on 21 November 2025 that creating a so‑called intermediary court — the Crown Court Bench Division — staffed by judges and magistrates would be...
Jordi Carulla Font v HMRC [2025] EWHC 3057 ( Admin) The taxpayer applied for permission to bring judicial review proceedings against an HMRC decision about his residence status under the UK– Spain DTA. In a letter dated 27 September 2024 (the ‘ Decision’), HMRC concluded that the claimant was treaty resident in Spain for the years 2009–10 to 2015–16, and treaty resident in the UK for 2016–17 to 2020–21. That marked a departure from HMRC’s earlier stance that he was treaty resident in the UK throughout the relevant period. He argued that the shift frustrated legitimate expectations and was vitiated by errors of law in applying the DTA tie‑breaker rules, notably the centre of vital interests ( COVI) and habitual abode criteria. The judge first addressed timeliness. He decided the claim was not out of time: although an email of 21 June 2024 set out...
ING Bank NV v Tumpuan Megah Development Sdn Bhd Civil Appeal No. 02(i)-19-06-2024( W) What are the practical implications of this case? This Federal Court ruling carries notable procedural and substantive consequences for arbitration and commercial litigation practitioners. It confirms that an award creditor holding a foreign arbitral award from a reciprocating country (such as the UK) enjoys a strategic election between: enforcing the award directly under the AA 2005; or obtaining a ‘confirmation judgment’ at the seat and enforcing that judgment via the REJA 1958. The court found that REJA and the AA are distinct, self-contained regimes; the AA does not supersede or displace REJA. This settles that taking the REJA pathway is a legitimate statutory route, not any species of ‘judgment laundering’. The decision has immediate consequences for client strategy: advisers to award creditors may now treat the REJA course as a viable, and...
Employment and Disputes & Investigations— The Board’s role in the aftermath: Lessons from the Coldplay concert scandal After the ‘kiss-cam’ lingered on a pair at a Coldplay concert, a previously discreet workplace relationship between the CEO and the Chief of People at a US start-up ignited public and online discussion. Attention quickly pivoted to the board: what, if any, professional fallout would follow for the two senior executives? How would the board contain reputational damage and preserve confidence among the public, shareholders and employees? Although workplace romances are not unlawful, they can create substantial legal and reputational exposure for employers. Legal and reputational risks Workplace relationships may trigger a spectrum of legal concerns, including allegations of harassment, discrimination and conflicts of interest: Increased risk of harassment and discrimination: a central concern is the likelihood of harassment or discrimination complaints in the workplace, noting the very broad...
Mergers The CMA has released the full text of its decision confirming clearance of the completed purchase of Macquarie Rotorcraft Limited by SMFL LCI Helicopters Limited—see the decision for more. NOTE— For current live mergers before the CMA, see the UK mergers—ongoing cases tracker. Upcoming dates For forthcoming UK competition developments and key dates, consult the UK Competition calendar......
Asset Management & Investment Funds— CBI publishes feedback report on CSA on sustainability risks and disclosures On 23 October 2025, the Central Bank of Ireland ( CBI) issued its feedback report on the 2024 European Securities and Markets Authority ( ESMA) Common Supervisory Action ( CSA), which evaluated fund management companies’ ( FMCs) adherence to sustainability-related disclosures and the embedding of risk considerations ( Feedback Report). As part of the wider European push on sustainable finance, the exercise closely reviewed the extent to which Irish FMCs meet the Sustainable Finance Disclosure Regulation ( SFDR), the Taxonomy Regulation, and the Alternative Investment Fund Managers Directive ( AIFMD) and Undertakings for Collective Investment in Transferable Securities ( UCITS) Directive Level two obligations on integrating sustainability risks. Although the CBI observed strong alignment with supervisory expectations and a clear willingness to meet SFDR...
Tullow Ghana Ltd v Vallourec Oil and Gas France S. A. S [2025] EWHC 3059 ( Comm) What was the background? This Commercial Court case centres on a protracted dispute about purportedly defective 7‑inch VAM TOP tubing provided for water‑injection wells in the Jubilee Oil Field, offshore Ghana. Tullow Ghana, which operates the field, sued the manufacturer, Vallourec Oil and Gas, for breach of contract and breach of implied terms under the Sale of Goods Act 1979 ( SGA 1979)—including that the tubing was of satisfactory quality, fit for purpose, free from minor defects, and durable—seeking damages of US$257,484,257. Vallourec denied fault, contending that any leakage was caused by excessive operational stresses rather than manufacturing defects. It further maintained that: its General Conditions of Export Sale ( GCs) were incorporated into the parties’ contract; and clause 8 of the GCs curtailed its liability to...
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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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