The Department for Business, Innovation, Science and Trade (BIST) has published a joint statement with the Philippines following the second UK-Philippines Joint Economic and Trade Committee (JETCO) ministerial meeting in Metro Manila. UK Minister of State for Trade, Anas Sarwar, and Philippine Undersecretary, Allan B Gepty, endorsed a refreshed 12–18 months programme of work covering agriculture, energy, infrastructure and economic development, including potential cooperation on grid modernisation, civil nuclear energy, trade digitalisation and space. They agreed to pursue an agriculture trade and cooperation memorandum of understanding, support market access and work on offshore wind, energy security and radioactive waste management. The statement also notes a financing framework, due to be signed on 23 September 2026, under which UK Export Finance may consider support for priority Philippine infrastructure projects, with up to £5 billion available for eligible projects. The parties also discussed cybersecurity, consumer protection, use of the UK Developing Countries Trading Scheme, economic policy cooperation and continued engagement with businesses and on regional and multilateral trade matters.

The Department for Business, Innovation, Science and Trade (BIST) has published its response to the consultation on expenses, benefits and shift changes covered by the Employment Rights Act 2025’s (ERA 2025) fire and rehire protections. ERA 2025, s 28 will introduce a new type of automatically unfair dismissal where an employer attempts to dismiss an employee for refusing to agree with specified ‘restricted variations’. The response confirms that changes to certain expenses, benefit in kind and shift patterns will be brought within the scope of ‘restricted variations. The government aims to bring the regulations into force in March 2027 and an updated Code of Practice on Dismissal and Re-engagement scheduled for summer 2027.

The Department for Business, Innovation, Science and Trade (BIST) has published draft guidance on the subscription contract regime under Part 4, Chapter 2 of the Digital Markets, Competition and Consumers Act 2024 and the draft Consumer Subscription Contracts (Cancellation and Information) Regulations 2026. The rules are intended to apply to business-to-consumer subscription contracts entered into on or after 1 January 2027. The draft guidance explains traders’ duties and consumers’ rights under the proposed subscription rules. It covers the scope of the regime and excluded contracts, pre-contract information, reminder and end-of-contract notices, arrangements for consumers to end subscriptions and cancellation rights where a trader breaches relevant duties. The draft Consumer Subscription Contracts (Cancellation and Information) Regulations 2026 remain subject to parliamentary approval. BIST states that final guidance will be published once the Regulations are made.

The Department for Business, Innovation, Science and Trade (BIST) has published the government response to its consultation on the new statutory day-one right to unpaid bereavement leave under the Employment Rights Act 2025. The government has confirmed that it will implement secondary legislation, with the measures coming into force in April 2027, and will publish guidance for employers and employees detailing their rights and responsibilities.

The Department for Business, Innovation, Science and Trade (BIST) has published its response to a consultation seeking views on improving access to flexible working, including the process employers should follow before rejecting a statutory flexible working request and the guidance required to support implementation. The response confirms that employers will be required to hold a meeting before rejecting a request, with a view to reaching an agreement. The meeting must consider whether the requested arrangement is feasible, address any challenges where possible and if the original request cannot be accommodated, explore suitable alternatives. Employers must give fair and reasonable notice, explain the purpose of the meeting in advance and provide written notification of both the meeting outcome and the final decision.

The Department for Business, Innovation, Science and Trade (BIST) has published the government’s response to its consultation on the new duty requiring employers to inform workers of their right to join a trade union. The duty, introduced by the Employment Rights Act 2025, is expected to come into force in January 2027. BIST has confirmed that employers will be required to issue a standardised, which employers may not amend except to add specific workplace information.. New workers must receive the statement directly alongside their written statement of employment particulars, while existing workers may receive it directly or indirectly, subject to annual reminders and accessibility requirements. Employers must issue the statement to existing workers by 5 April 2027.

The Department for Business, Innovation, Science and Trade (BIST), together with the Department for Work and Pensions (DWP) and the Department for Business and Trade (DBT), have published a September 2026 update on implementing the Keep Britain Working Review, an independent review of the role of employers in tackling health based economic inactivity and promoting healthy and inclusive workplaces. The update sets out a proposed Workplace Health System, which aims to build better, more inclusive workplaces and better workplace health provision to prevent ill health conditions from escalating and to support people in work with health conditions or disabilities to achieve more successful returns after absences from work.

Arbitration analysis: Since announcing last year its intention to let its existing Bilateral Investment Treaties (BITs) expire, the Government of Indonesia has remained true to its word. Earlier this year Indonesia gave notice to Hungary, France and Italy that BITs with those countries will not be renewed. Most recently, the Singapore authorities have been informed that the Singapore-Indonesia BIT will not be renewed when it expires on 20 June 2016. With little indication that replacement BITs are imminent, Rob Palmer and Baldev Bhinder of Ashurst’s Singapore office assess the implications of these developments for foreign investors.

Bilateral investment treaties

Restructuring & Insolvency analysis: The High Court held that contracts for the sale of land owned by the claimant companies were validly made under section 43 of the Companies Act 2006 (CA 2006), despite arguments that the director’s signature placement meant execution had to comply with CA 2006, s 44. The court rejected an over-formalistic approach: the contracts objectively showed that the director signed on the companies’ behalf and intended to bind them. However, the receivers’ appointment was invalid because, although the appointment letter contained an obvious error, there was no single obvious correction capable of curing it under Chartbrook. The decision clarifies company contract execution and underscores the need for exact drafting when appointing receivers, as construction cannot rescue an instrument where competing corrections are reasonably possible. Produced in partnership with Bridget Williamson of Enterprise Chambers.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 2 October 2013; it is no longer maintained. Outline Appeal by BMI Healthcare, HCA International and Spire Healthcare against a decision of the Competition Commission’s (CC) allowing access to a disclosure room but preventing the use of evidence obtained in the disclosure room as part of the private healthcare market investigation Parties BMI Healthcare (BMI), HCA International (HCA) and Spire Healthcare (Spire), the three largest UK private hospital groups. They are the principal parties in the private healthcare market investigation. Competition Commission Background This is the first appeal following the CC's provisional findings in the private healthcare market investigation. Both appeals relate to the CC's procedure in providing material that it has collected to parties involved in an investigation. The stakes are high as the CC has provisionally found competition concerns in the market and is considering ordering BMI, HCA and Spire to divest hospitals. Market(s) Privately funded healthcare services in the UK, including both independent

Balancing Market Principles Code of Practise