The UK Supreme Court (UKSC) has published an addendum to its 'Consultation on revision of the Supreme Court Rules: Summary of responses and Supreme Court response' which had been published on 7 August 2024. The addendum states ‘This document makes reference to the revised rules being likely to come into force in October 2024. Please note that this is now likely to be December 2024’.

The President of the Family Division, Sir Andrew McFarlane, and the Transparency Implementation Group have issued revised guidance on the reporting pilot in the family courts, replacing the guidance previously issued in January 2023.

The Local Government Pension Scheme Advisory Board (SAB), Chartered Institute of Public Finance and Accountancy (CIPFA) and the Ministry of Housing, Communities and Local Government have published updated guidance to support Local Government Pension Scheme (LGPS) administering authorities in the preparation and maintenance of the funding strategy statement (FSS). The updated guidance replaces the previous CIPFA guidance ‘Preparing and Maintaining a Funding Strategy Statement in the Local Government Pension Scheme’ issued in October 2016 and October 2012 and aims to cover all the necessary topic areas but without being prescriptive in the policy approach to take. SAB recommends that LGPS administering authorities follow the updated guidance to ensure FSS’s are published in a consistent manner across the LGPS, while also recommending that such funds follow the general structure and terminology used in the revised guidance when setting their individual fund strategy. The FSS will also be expected to have considered the funding issues associated with climate change, so a ‘key principles document’ has been published alongside the FSS guidance to assist LGPS funds in this regard. The principles document was drafted and agreed between the four actuarial firms who act as fund actuaries in the LGPS at the request of the Government Actuary’s Department to ensure a consistent basis on the scenario analysis used by funds.

Dispute Resolution analysis: The Competition Appeal Tribunal (CAT) has found that a litigation funding agreement that was revised to take account of the UK Supreme Court’s (UKSC) decision in Paccar was not a damages-based agreement (DBA). It was therefore enforceable in the context of an application for an opt-out collective proceedings order. Alan Watts, Stephen Wisking, Chris Bushell and Maura McIntosh of Herbert Smith Freehills discuss the background and decision in Alex Neill Class Representative Ltd v Sony Interactive Entertainment Europe Ltd.

MLex: Businesses today saw the European Commission issue up-to-date guidance on its approach to market definition to be applied when assessing antitrust and merger cases. The revised notice, which brings the authority's guidance in line with new market realities, will improve compliance and contribute to a more efficient competition enforcement, the EU executive said. Abstract follows.

Under Rule 32.1, if an offer is revised, a revised offer document, drawn up in accordance with Rules 24 and 27, must be sent to shareholders of the offeree and persons with information rights.

Commercial analysis: The Competition and Markets Authority (CMA) has launched a consultation on its revised guidance on unfair contract terms, aimed at modernising and clarifying its existing 2015 guidance (CMA37). While the law under the Consumer Rights Act 2015 (CRA 2015) remains unchanged, the CMA’s new draft reflects recent legal and enforcement developments, including its expanded direct enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA 2024). The draft guidance is shorter, more structured, and written in plain language, with an emphasis on the core principles of fairness and transparency, practical examples, and digital consumer journeys. Paolo Palmigiano, partner at Taylor Wessing LLP gives his views on the draft.

Rules and guidance The statutory provisions governing the amendment, correction or revision of defective accounts and reports are set out in Part 15 of the Companies Act 2006 (CA 2006). The Companies (Revision of Defective Accounts and Reports) Regulations 2008, SI 2008/373 (as amended) (the 2008 Regulations) made under CA 2006, s 454 set out detailed provisions on how companies should revise their accounts and reports under the CA 2006. The 2008 Regulations were amended by the Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015, SI 2015/980 (C, P and G (Accounts and Reports) Regs 2015), which implemented chapters 1 to 9 of the EU Accounting Directive 2013/34/EU and updated and consolidated existing legislation (including the CA 2006) on the content and presentation of company accounts. The C, P and G (Accounts and Reports) Regs 2015 came into effect on 6 April 2015 and apply to financial periods beginning on or after 1 January 2016. Among other things, the C, P and G (Accounts and Reports) Regs 2015 amended CA 2006, s 444 which concerns

Arbitration analysis: Sylvia Noury, partner and head of the international arbitration practice at Freshfields Bruckhaus Deringer LLP in London, and Evgeniya Rubinina, an associate with the firm, discuss the proposed new arbitration rules published for consultation by the International Centre for Settlement of Investment Disputes (ICSID).

Planning analysis: The final versions of the new energy National Policy Statements (NPS) are expected to come into effect in early 2024. Here the consultation process and updates to the new energy NPSs are considered. James Gibson, partner of Eversheds Sutherland provides comment.

Family analysis: The Court of Appeal decision in Kingsley & Ors v Kingsley provides clarity as to the court’s power under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to order that a property held on trust be sold to one of the beneficiaries (as was the case in Bagum v Hafiz). The court confirmed that such orders are not subject to a valuation threshold. The risk that a property might be sold at an undervalue is simply a factor considered in the exercise of the court’s discretion. Marc Samuels, barrister at 36 Family, considers the case and its practical implications.

Arbitration analysis; The 2026 ICC Rules introduce several significant procedural reforms, including enhanced arbitrator disclosure obligations, the codification of early determination, the abolition of mandatory Terms of Reference, expanded joinder and emergency arbitrator powers, and the introduction of the Highly Expedited Arbitration Provisions (HEAP). The authors examine the practical implications of these changes, considering how they are likely to influence case management, procedural efficiency and the resolution of complex multi-party disputes in ICC arbitration. Written by Julie Spinelli and Gabriele Ruscalla, partners at Le 16 Law, Paris.