Law360, London: An English appeals court agreed with London's ExCeL exhibition centre and other policyholders on 6 September 2024 that national lockdowns during the coronavirus (COVID-19) pandemic triggered 'at the premises' clauses in their insurance policies in a test case likely to bolster thousands of other claims.

Law360, London: An exam board has secured the first digital 'newcomer injunction' to prevent attempts to distribute its test materials, following a landmark UK top court judgment that paved its way last year, the law firm leading the case announced on 29 October 2024.

Law360: An employment tribunal has ruled that exam invigilators for the Scottish Qualifications Authority (SQA) enjoy worker status and deserve holiday pay, rejecting arguments that their situation was analogous to Deliveroo riders.

The Planning Act 2008 (PA 2008) sets out a development consent regime for nationally significant infrastructure projects (NSIPs) in the fields of energy, transport, water, waste water, and waste. Applications for development consent orders (DCOs) are decided in accordance with National Policy Statements (NPSs), which set out the national policy in relation to NSIPs. See Practice Note: National Policy Statements. Although the Secretary of State (SoS) bears legal responsibility for the decision, in practice, the government delegates responsibility for accepting and examining applications to the Planning Inspectorate (PINS). See Practice Note: Permission for nationally significant infrastructure projects. For more information on the examination procedure, see Practice Note: Examination of nationally significant infrastructure projects—procedure and Flowchart: Development consent order (DCO) application procedure—flowchart. Legislation and guidance Legislation The examination procedure is set out in the: • Planning Act 2008 • Infrastructure Planning (Examination Procedure) Rules 2010, SI 2010/103, and • Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015, SI 2015/462 Guidance The government has published a ‘Collection: National Infrastructure Planning Guidance Portal’, which includes

The Planning Act 2008 (PA 2008) sets out a development consent regime for nationally significant infrastructure projects (NSIPs) in the fields of energy, transport, water, waste water, and waste. Applications for development consent orders (DCOs) may be decided in accordance with any applicable National Policy Statements (NPSs), which set out the national policy in relation to NSIPs. See Practice Note: National Policy Statements. Although the Secretary of State (SoS) bears legal responsibility for the decision, in practice, the government delegates responsibility for accepting and examining applications to the Planning Inspectorate (PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has published a ‘Collection: National Infrastructure Planning Guidance Portal’, which includes guidance on the pre-examination stage for NSIPs, the examination stage for NSIPs, the fast-track process for NSIPs and the awards of costs in relation to the examination of applications for DCOs. Fast-track process PA 2008, s 98(1) requires the Examining Authority (EA) to complete the examination of the application within six months beginning with the day after the preliminary meeting

Stop press: The Border, Security, Asylum and Immigration Act 2025 (BSAIA 2025) received royal assent on 2 December 2025. The Act creates a new power to search electronic devices from anyone who has entered or arrived in the UK and has not been given leave to enter or remain. For details, see News Analysis: What is changing under the Border, Security, Asylum and Immigration Act 2025. This new power came into force on 5 January 2026; see the Border Security, Asylum and Immigration Act 2025 (Commencement No 1) Regulations 2025 (SI 2025/1318). This Practice Note is being updated to take account of this new development. Immigration officers have a number of statutorily-conferred powers to enter premises to search for persons and evidence and, on entry, to arrest persons and seize evidence. These powers have increased significantly with the entry into force of the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013, SI 2013/1542, and again with the enactment

Law360, Expert analysis: The Financial Conduct Authority’s (FCA) 'Artificial Intelligence Update', published on 22 April 2024, following the publication of the UK government's pro-innovation strategy in February 2024, sets out how its existing regulatory framework maps to the government's five principles on AI regulation. Jennifer Holyoake, legal director at DLA Piper, looks at how the FCA and the Prudential Regulation Authority (PRA) consider how the existing Senior Managers and Certification Regime (SMCR) regime applies to the use of AI, areas where further guidance is needed, what we can expect next, and key practical takeaways for firms that are subject to the SMCR.

Law360, London: Despite criticism of some aspects of the UK's sanctions regime, there appear to be signs of progress when it comes to enforcement. The consequences of breaching sanctions are beginning to be felt and a further step up in enforcement is expected in 2025.

Dispute Resolution analysis: What are the limitations of foreign and translated evidence in cases where an assessment of the credibility of a witness is critical to the claim? Victoria Pigott, associate at Mishcon de Reya considers the most important points to keep in mind when cross-examining foreign witnesses and using interpreters for that purpose.

Disguised remuneration and share schemes HMRC has, for many years, sought to ensure that the rewards gained from employment are subject to income tax and National Insurance contributions (NICs) deducted by employers through the pay as you earn (PAYE) system. By contrast some employers sought to use innovative ways to structure remuneration by using employee benefit trusts (EBTs) and other vehicles to avoid, defer or reduce income tax liabilities. In 2011, anti-avoidance legislation known as the disguised remuneration rules was enacted in Part 7A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). HMRC guidance is contained in the Employment Income Manual starting at EIM45000. The legislation applies where: • there is an arrangement which relates to an existing, former or prospective employee or a relevant person linked to the employee. Employee for these purposes covers non-executive directors and office holders. The definition of relevant linked person is broad and covers any person who is, or has been connected with the employee (including spouses or co-habitees) as well as family members and

Property analysis: Julian Greenhill, barrister at Wilberforce Chambers, examines the background to, and the key issues raised in, the Minerva case concerning the principles applicable to the unreasonable withholding of consent at common law.

Dispute Resolution analysis: Rahimian & Anor v Allan Janes LLP addresses the circumstances in which courts can order a firm of solicitors to deliver a final bill under section 68 of the Solicitors Act 1974 (SA 1974), which the client can then apply to have assessed under SA 1974, s 70. Colin Campbell, consultant at Kain Knight Costs Lawyers, discusses the key issues in the case.