Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
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...
State aid Court of Justice clarifies when compensation for free lock operations may constitute State aid and confirms measure as existing aid The Court of Justice has delivered its judgment in Case C-401/24 Stockholms Hamn, a national reference from Sweden, addressing whether a yearly payment by a State authority to a municipal joint stock company for operating locks free of charge amounts to State aid within Article 107(1) TFEU and, if so, whether it must be regarded as existing or new aid under Regulation 2015/1589. The Court of Justice decided that such remuneration can amount to State aid, subject to the national court’s verification, and further confirmed that the measure is to be treated as existing aid. It falls to the national court to verify the conditions in light of this...
Petrofac Ltd [2025] EWHC 2887 ( Ch) What was the background? Petrofac Ltd (the Company) is a Jersey-incorporated entity, headquartered in London, that functions as the holding company of the Petrofac Group. Its operations comprise owning shares in subsidiaries, delivering management services, and making loans to other Petrofac Group members. Confronted with financial difficulties, in late 2024 the Company promoted a restructuring plan under Part 26A of the Companies Act 2006 (the Part 26A plan). Although sanctioned at first instance, dissenting creditors appealed and the Court of Appeal set aside the sanction order. In the wake of that ruling, the Company assessed the feasibility of a business disposal or raising further capital, which evolved into a proposal for senior creditors to acquire the business via a pre-pack administration. Those workstreams progressed in tandem with an application for permission to appeal to the Supreme Court;...
NTG Multimodal Gmb H/ If Skadeförsäkring AB, case numbers T 13423-24 and T 1729-25 What are the practical implications of this case? This case spells out how unambiguous an arbitration clause needs to be where the contract sits under the CMR. Accordingly, the ruling matters for businesses that have entered, or plan to enter, CMR-governed contracts and wish to incorporate arbitration terms. To meet the Convention’s requirements of certainty and foreseeability, the agreement must direct the tribunal to apply the Convention itself. The judgment also underscores the significant burden of proof on a party claiming the counterparty has ratified or entered into a new arbitration agreement. In this case, NTG recognised the clause’s validity in a different forum and for other claims. The court observed that NTG’s pleadings abroad could be read as indicating that, in NTG’s view, all claims between the parties fell within...
Competition policy CMA publishes its Strategy for 2026–2029 The CMA has unveiled its Strategy for 2026–2029, explaining how it intends to champion competition and safeguard consumers to stimulate economic growth and bolster household prosperity. The plan details the CMA’s commitment to weave its 4Ps framework—pace, predictability, proportionality and process—through every strand of its work, while refining its operations to optimise agility, enhance productivity and increase impact......
R (on the application of National Association of Head Teachers and Barbara Middleton) v Office for Standards In Education, Children’s Services and Skills ( Ofsted) and another [2025] EWHC 2891 ( Admin) What are the practical implications of this case? Mr Justice Saini declined permission on all six grounds. He also stated that, even had permission been granted, interim relief would still have been refused as the balance of convenience did not support it. The consequences are that: the 2025 Ofsted framework came into force on 10 November 2025 the framework brings in a five-point scale to rate different aspects of a provider’s work, and the redesigned ‘report card’ inspection reports now include narrative explanations for the judgments reached the judgment underlines the exceptionally high bar for obtaining permission for judicial review alleging unlawful or inadequate consultation by a public body, and the substantial evidential burden in showing a...
Mergers Following a phase I review, the Commission approved TJC’s purchase of Du Pont’s aramids division ( M.12188)—see further, Midday Express The Commission has been notified of the Atalante/ Myrium deal ( M.12223) under the simplified merger procedure NOTE— For all ongoing merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid Under EU State aid rules, the Commission has signed off a Czech measure worth €450m to support US chipmaker Onsemi in creating a next‑generation integrated manufacturing plant for silicon carbide power devices in Rožnov pod Radhoštěm—see further, press release NOTE— For all current State aid decisions and active formal State aid investigations, see further, EU State aid decisions—ongoing cases tracker Upcoming dates For key dates on forthcoming EU competition developments, see further, EU Competition calendar......
R (on the application of SAG by her litigation friend ERG) v The Governing Body of Winchmore School [2025] EWCA Civ 1335 What are the practical implications of this case? This ruling underscores the stringent threshold for overturning a school exclusion by way of judicial review. Here, notwithstanding inconsistent policies pointing to varied tests, substantial mitigating factors for SAG, and an incorrect label of the incident as a burglary, the High Court nevertheless rejected the claim and dismissed the judicial review. The Court of Appeal upheld that result, reaffirming the broad discretion afforded to headteachers and governing bodies when determining individual matters. Once again, the appellate court stressed that evaluating conduct and sanction in the school context is a matter primarily for those charged with leadership and governance, not the courts, save in rare cases crossing that high threshold. Lady Justice Elisabeth Laing showed...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce Intellectual property International Sale and supply of goods and services Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—19 November 2025 The Advertising Standards Authority ( ASA), deploying its Active Ad Monitoring system, detected sponsored, paid-for search adverts placed by Hilton Worldwide Ltd. The ASA upheld the ruling. See: LNB News 19/11/2025 28. Consumer protection Commission publishes 2025–2030 Consumer Agenda On 19 November 2025, the European Commission adopted the 2025–2030 Consumer Agenda, a new strategic framework for EU consumer policy setting out specific priorities and measures for the next five years. The programme also defines concrete actions for the period. Spanning a wide slate of actions that directly address major challenges and reflect the cross-cutting character of consumer policy, the Agenda seeks to bolster consumer protection while promoting competitiveness, social fairness and sustainable growth. It does so in...
In this issue: Lending Security Aviation finance Shipping finance Real estate finance Sustainable finance Debt capital markets Derivatives Structured products and securitisation Restructuring Daily and weekly news alerts New and updated content Latest Q& A Useful information Lending Arena Television Ltd (in liquidation) v Bank of Scotland Plc; Sentinel Broadcast Ltd (in administration) v Lloyds Bank Plc [2025] EWHC 3036 ( Comm) The court determined applications for summary judgment and for strike out in two linked actions centred on ‘ Quincecare claims’ brought by Arena Television Limited and Arena Holdings Limited (the Arena Proceedings), and by Sentinel Broadcast Ltd (the Sentinel Proceedings), against Bank of Scotland PLC and Lloyds Bank PLC. The causes of action arose out of an alleged large-scale ‘asset backed lending fraud’ ( ABL Fraud) said to have been...
Inteligo Media SA v Autoritatea Naţională De Supraveghere A Prelucrării Datelor Cu Caracter Personal, Case C-654/23, ECLI: EU: C:2025:871 What are the practical implications of this case? The ruling recalibrates direct marketing for digital platforms, notably those operating freemium offerings and similar user models. By construing ‘sale’ broadly in the e Privacy Directive, the Court of Justice permits reliance on the soft opt-in to send direct promotional messages to holders of seemingly free accounts, provided every condition is met. Practitioners should observe that, where Article 13(2) e Privacy governs, no additional legal basis under the EU GDPR is required, which on paper simplifies compliance workloads and removes a tier of regulatory complication. Yet this point is more doctrinal than operational, as it has long been commonly assumed that, when Article 13(2) applies, consent is typically unnecessary and processing is routinely grounded in Article 6(1)(f) EU GDPR...
Commission Implementing Regulation ( EU) 2025/2314 of 17 November 2025 imposing a provisional anti-dumping duty on imports of phosphorous acid originating in Implementing act by Commission ( EU) 2025/2314, dated 17 November 2025, setting a temporary anti-dumping levy on phosphorous acid imports originating in......
Mergers The Commission approved move by Am Trust International Limited and Blackstone Inc. to acquire shared control over Am Trust's Managing General Agent and fee business......
What are the practical implications of this case? Waiver pervades commercial law. In its typical guise, concerning contractual termination, it governs when a party is taken to have chosen to affirm or bring the contract to an end, thereby underpinning transactional certainty. Yet, if the party alleging waiver must establish the counterparty’s awareness of the particular contractual entitlement, that task is onerous. Proving what someone knew is intrinsically problematic, and the challenge is compounded where the relevant material is, as is frequently so, potentially privileged. Even so, the Court of Appeal concluded it was compelled to decide that knowledge of the right is a prerequisite, including where the right stems from express, executed terms. No carve-out exists by which the contents of express clauses are treated as known simply because they were agreed. The most acute practical issues arise in long, complex...
In this issue: Data protection Confidential information e Privacy Daily and weekly news alerts New and updated content Data protection Council adopts new EU regulation to speed-up cross-border EU GDPR complaints The Council of the EU has formally approved legislation intended to improve and accelerate the handling of cross-border data protection complaints under the EU’s General Data Protection Regulation ( EU) 2016/679 ( EU GDPR). The regulation harmonises criteria for complaint admissibility, reinforces the procedural rights of complainants and organisations under scrutiny, and introduces a simplified co-operation route for straightforward cases to lessen administrative burden. It also imposes binding deadlines, with most investigations to conclude within 15 months, extendable by a further 12 months for complex matters, and within 12 months for simplified procedures. With the Council’s adoption, the file completes the legislative process, entering into force 20 days after publication in the Official Journal of the EU and applying 15 months...
Coimisiún na Meán’s Investigations Team On 12 November 2025, Coimisiún na Meán’s Investigations Team opened a formal investigation into the provider of the X online platform ( X) under the EU DSA. The probe will determine whether X has infringed Article 20 of the DSA. It follows concerns raised by Coimisiún na Meán’s Platform Supervision Team about X’s compliance with Article 20, reinforced by information supplied by the NGO Hate Aid and a user complaint. The investigation will examine: whether individuals can appeal X’s decisions not to remove content when they report material they believe breaches X’s terms of service whether reporters are properly told the outcome of a report and advised of their right to appeal the decision whether X operates an internal complaints-handling mechanism that is easy to access and user friendly......
Background The appeal concerns whether the provision within a school in Northern Ireland of religious education and collective worship is in breach of Article 2 of Protocol 1 ( A2P1) to the European Convention on Human Rights ( ECHR), read together with Article 9 ECHR, as given effect domestically by the Human Rights Act 1998 ( HRA 1998). Article 9 ECHR protects everyone’s freedom of thought, conscience and religion. A2P1 states: ‘ No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.’ The child, JR87, attended a grant-aided controlled primary school in Belfast. As part of the school’s programme, JR87 took part in...
The estate of crash victim Shikha Garg On 19 November 2025, the estate of crash victim Shikha Garg urged jurors to grant her husband, Soumya Bhattacharya, between US$80m and US$230m, reflecting her ordeal in-flight and its impact on him. Boeing contended that a figure nearer US$12m was fair and proportionate, arguing the estate’s demand would effectively penalise the company for a tragic accident for which it has already acknowledged responsibility. After hearing the verdict, however, Shanin Specter of Kline & Specter PC said the parties had settled the matter before delivering closing arguments earlier that morning, 19 November 2025. The development capped around a week of testimony jurors heard about the March 2019 crash, which happened less than seven minutes after take-off. Garg’s action is the first civil claim to reach a jury over the Boeing 737 Max 8 disaster, which occurred five months after the loss of...
Market studies The CMA has issued a letter replying to the Chancellor of the Exchequer’s call for a market study into the UK private dental care sector, centred on local competition and whether consumers can choose effectively and get value for money. Welcoming the request, the CMA has started initial scoping and engagement with officials to assess the case, with a fuller proposal to its Board. It reaffirmed its aim to ease cost‑of‑living pressures via pro‑competitive action, citing ongoing work on the government’s Fuel Finder scheme and the Veterinary Services for Household Pets market investigation. It also restated readiness to help tackle bid‑rigging in public procurement using AI and data‑led tools. The Chancellor said further updates on any CMA recommendations would come in the Autumn Budget 2025 and thereafter. See further, case page. Subsidy control The Subsidy Advice Unit has published its final report advising the...
Popular documents
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 ]...
Discover more from LexisNexis
