Dispute Resolution analysis: The judge considered the relevant statutory and regulatory requirements of Damage Based Agreements (DBAs) in relation to probate proceedings where no damages were recovered. It was held that the DBAs were unlawful and unenforceable on the basis that the terms of the DBA did not meet the requirements of the regulations. There were no sums ultimately recovered in the proceedings and, the fact that the decision may have resulted in an eventual financial benefit outside of the proceedings was not sufficient to satisfy the requirements. The DBA was therefore found to be unlawful and unenforceable. The court also concluded that it was inappropriate to charge counsel’s fees in addition to the contingency payment as this was in breach of the regulations. The judge refused to sever the offending clauses on the basis that the blue pencil test had not been passed on also given that it would be against public policy in any event. Written by Claire Kretzmann, costs lawyer at Paragon Costs.

The Department for Business, Innovation, Science and Trade (DBIST) and the Department for Business and Trade (DBT) have launched a call for evidence on a potential UK digital product records (DPR) policy. The government is seeking views on the potential benefits, costs and practical implications of DPRs to inform the development of future domestic policy. It is also seeking evidence on the impact of existing digital product record requirements, including the EU Digital Product Passport, and on whether a UK approach should align with international frameworks. The call for evidence covers implementation priorities, business costs, supply chain readiness, consumer impacts, sustainability, interoperability and the types of product information that could be included. Responses are sought by 21 September 2026.

The Department for Business, Innovation, Science and Trade (DBIST) has announced measures to protect consumers from rogue builders and strengthen the regulation of private enforcement agents. From September 2026, a government-supported scheme will help consumers identify home improvement businesses that meet standards for customer service, transparency and dispute resolution. A new payment system will also link payments for building work to agreed project stages. In England and Wales, private enforcement agents will need to be accredited by the Enforcement Conduct Board, or work for an accredited firm, to obtain or renew their certificates. People facing enforcement action will also have access to an independent complaints process. The government will also review how consumer advice, enforcement and redress organisations work together.

The Department for Business, Innovation, Science and Trade (DBIST) has announced that a new public consultation on the draft revised Code of Practice on Fair and Transparent Distribution of Tips will take place, the details and timings of which will be confirmed in due course.

The Department for Business and Trade (DBIST) has launched the advisory AI Growth Lab for legal services, opening applications for a new regulatory sandbox to help organisations develop and deploy artificial intelligence (AI) products and services within existing legal and regulatory frameworks. Delivered in partnership with the Ministry of Justice, the Legal Services Board, the Solicitors Regulation Authority, the Council for Licensed Conveyancers and the Information Commissioner’s Office, the programme aims to accelerate the responsible adoption of AI in legal services to improve the quality, speed and affordability of legal services and expand access to justice. Applications are open until 27 September 2026.

The Department for Business, Innovation, Science and Trade (DBIST) has published the final version of the statutory code of practice on electronic and workplace balloting for statutory trade union ballots. The code comes into force on 25 August 2026 alongside the Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (currently in draft), which will expand permitted balloting methods for certain statutory trade union ballots beyond postal voting to include electronic voting, hybrid voting and workplace voting.

The Department for Business, Innovation, Science and Trade (DBIST) has published guidance for employers on the use of zero-hours contracts. The guidance provides an overview of the employment rights under zero hour contracts, when zero hour contracts are likely to be used, when they are likely to be unsuitable and possible alternatives. The guidance also provides some basic best practice advice for employers. The guidance has not been updated to reflect upcoming changes under the Employment Rights Act 2025 but states that the page will be updated to reflect future changes in policy.

 Design, build and operate 

The demand for public infrastructure at a time when public purse strings are tight, coupled with a lack of public sector expertise in delivering complex facilities (such as water treatment plants and energy plants), has led to an increase in the involvement of the private sector in the procurement and operation of public infrastructure. There are a wide range of possible arrangements for involving public sector risk and expertise in the procurement of public infrastructure. One of these arrangements is Design Build Operate (DBO). It is particularly popular for water treatment plants. For information on variations of the DBO structure, see Practice Notes: Infrastructure projects—project structure and BOT contracts. DBO involves a government (often in the form of a government body or local authority) engaging a single contractor to: • design and build the infrastructure facility • operate the facility for a period (typically between 10–30 years) The government typically finances the infrastructure project, either through tax revenues, grants (eg from international development funds) or debt finance, and pays the contractor for developing and operating the facility.

The Disclosure and Barring Service (DBS) and Home Office has released its independent review of the effectiveness of the disclosure and barring regime in safeguarding children and vulnerable adults. The review has been carried out by Simon Bailey CBE, QPM, who concludes that the disclosure and barring regime is delivering its mission of routinely helping employers and organisations that use volunteers to make safer employment decisions. However, he identified areas where the regime can be improved and made nine recommendations which the government will consider.

The Department for Business and Trade has commissioned a comprehensive study on online choice architecture, focusing on the prevalence and impact of defaults in e-commerce. The research, conducted by Alma Economics, involved a prevalence study of 558 popular UK e-commerce websites and apps, followed by an online choice experiment with 5,889 participants. The study found defaults present in 49% of sampled sites, with the retail sector showing the highest prevalence at 69%. Customer services, particularly shipping and delivery options, were identified as the most common default type. The research aims to assess the influence of defaults on consumer behaviour and welfare in online shopping environments.

The Trade Remedies Authority (TRA) has successfully recommended a new anti-dumping measure on imports of Suspension Poly(vinyl chloride) (S-PVC) from the USA, which has been accepted by the Secretary of State for Business and Trade. The measure imposes a duty of 38.43%-56.01% on US-made S-PVC imports, with cooperating exporters receiving a lower rate. The TRA's investigation found that dumped US S-PVC was causing unsustainable price pressure on the UK industry. The new measure aims to enable fair competition and increased productivity in the UK S-PVC sector, which had a market value of £660-£700m in 2022.