Local Government analysis: The Administrative Court has dismissed a claim for judicial review of an NHS Integrated Care Boards (ICB’s) assessment of the claimant’s entitlement to NHS Continuing Health Care (CHC), in particular their decision not to provide her with funding for measures such as round the clock 1:1 nursing care in the community. Mr Justice Fordham held that the ICB had not reached a decision that was not reasonably open to it, nor had it engaged in defective reasoning before reaching its decision. This decision recognises that the court’s role in challenges to CHC packages requires a careful balance between close scrutiny and respecting the institutional expertise of the primary decision-maker, reflecting the position taken in other contexts that touch on fundamental rights. Written by James Berry, barrister at Serjeants’ Inn Chambers.

Arbitration analysis: A dissatisfied landlord’s challenge to the outcome of a rent review on the grounds that (i) it was unable to present its case and (ii) the arbitrator’s award contained matters beyond the scope of the submission and evidence failed. The decision emphasizes the difference between an appeal and a challenge to an arbitral decision on procedural grounds under the UNCITRAL Model Law, incorporated into Irish law by the Arbitration Act 2010. Written by Jennifer Haywood, barrister at Serle Court, London.

Local Government analysis: This case involved an appeal against a prohibition order imposed by the Secretary of State for Education following a recommendation by the Professional Conduct Panel of the Teaching Regulation Agency. The appeal was dismissed. The court outlined the correct approach to be taken when considering an appeal against a determination by the Professional Conduct Panel and affirmed that appeals should be conducted by way of review, not a full re-hearing. Written by Vida Simpeh, barrister, at 4-5 Gray’s Inn Square.

The Judiciary of England and Wales has published the sentencing remarks of the Hon Mrs Justice Whipple DBE in the case of R v Rebelo. Mrs Justice Whipple sentenced Bernard Rebelo to seven years' imprisonment for gross negligence manslaughter. Rebelo was convicted after trial of causing the death of a girl to whom he had sold an unsafe food supplement—DNP as a diet drug.

The Hong Kong International Arbitration Centre, an arbitral institution, based in the Hong Kong Special Administrative Region of the People's Republic of China. HKIAC arbitrations are administered and conducted pursuant to the HKIAC arbitration Rules. The institution also provides services for ad hoc arbitrations.

The Scottish Government introduced the Housing (Cladding Remediation) (Scotland) Bill (the Bill) into the Scottish Parliament on 1 November 2023. The Bill was announced as part of the Scottish Government’s Programme for Government in September 2023. It was intended to give the Scottish Government ‘new powers to remediate buildings with unsafe cladding that present a risk to life’. The Bill received Royal Assent on 21 June 2024, becoming the Housing (Cladding Remediation) Scotland Act 2024 (H(CR)(S)A 2024). H(CR)(S)A 2024 came into force on 6 January 2025. This Practice Notes considers the key provisions of H(CR)(S)A 2024, and their implications for property developers in Scotland. Background to H(CR)(S)A 2024—the Cladding Remediation Programme Scotland’s laws and policies in relation to building and fire safety are different from those that apply in England and Wales. That is because fire safety and building regulations are ‘devolved matters’—ie, matters in respect of which the Scottish Parliament may pass its own laws. Notable differences include: • building regulations—building regulations in Scotland are made pursuant to the Buildings

Whether a forward funding agreement is exempt from the requirements of HGCRA 1996 will depend on the precise terms of the relevant agreement. By way of background, HGCRA 1996, as amended by the Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009) sets out mandatory requirements for 'construction contracts' relating to adjudication and payment. 'Construction contracts' is defined widely under in LDEDCA 2009 and covers contracts for the carrying out of construction

Banking & Finance analysis: Thomas Werlen and Jascha Trubowitz discuss the recently published IBOR Global Benchmark Transition Report, published by ISDA, AFME, ICMA, SIFMA and SIFMA AMG. US and Swiss qualified PD Dr. Thomas Werlen is Managing Partner of the Swiss office of Quinn Emanuel and a P.R.I.M.E Finance Expert. Jascha Trubowitz was a trainee at the Swiss office of Quinn Emanuel from April 2017 to June 2018 and currently interns at the Office of the Attorney General in Switzerland.

This Practice Note looks at the Dispute Board Rules (the ‘2015 Rules’) published by the International Chamber of Commerce (the ‘ICC’) which came into force on 1 October 2015, replacing the 2004 Rules (the ‘2004 Rules’). A copy of the 2015 Rules is available on the ICC website. Approach of the rules The 2015 Rules consist of a comprehensive set of provisions for addressing most of the issues that may arise from the point at which a Disputes Board (‘DB’) is sought by the parties through to the end of its activities. The key function of a DB is to assist the parties to avoid disputes, either by encouraging them to do so on their own, or by providing them with informal assistance. The 2015 Rules replace the 2004 Rules, following three years of revision undertaken by the ICC Commission on Arbitration and ADR (the ‘Centre’). This process started in 2012 and received broad input from the international dispute board community, including from the International Federation of Consulting Engineers and members of other Dispute Resolution

The Institution of Civil Engineers (ICE) introduced its Payment Notice Dispute Model Adjudication Procedure (PND MAP) in October 2025. A copy of the rules can be download from the ICE’s website. The PND MAP sets out rules specifically for use in adjudications concerning technical payment notice disputes, under contracts subject to the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). The PND MAP is intended to facilitate the efficient resolution of these disputes (including ‘smash and grab’ claims) by, among other ways, restricting the scope of the adjudication and capping the Adjudicator’s fees. This Practice Note provides an introduction to the PND MAP. It looks at the intended use of this procedure, its scope and requirements, and practical issues that parties should consider if they wish to use it. Context for the PND MAP Disputes about payment are common on construction projects. Payment disputes can take many forms and span a breadth of issues. A significant number concern payment mechanisms; that is, the processes that payers and payees must follow in

TMT analysis: The Information Commissioner’s Office (ICO) has issued guidance on ‘consent or pay’ models. The ICO’s guidance confirms that ‘consent or pay’ models can be lawful under UK GDPR if users have a genuine choice and consent is freely given in line with GDPR requirements. Compliance must be assessed against four key factors: power imbalance, appropriate fee, equivalence, and privacy by design. The ICO takes a more business-friendly approach than the stricter EDPB stance in their Opinion 08/24, which focuses on large online platforms. Written by Nigel Miller, a partner in the commerce and technology team at Fox Williams LLP and head of the firm’s data protection work.

Information Law analysis: Ellie Ludlam, partner, and Alex Smallwood, associate, of Pinsent Masons consider the ICO’s new fining guidance (for breaches of data protection law) and set out what the ICO will consider when deciding whether to issue a penalty notice and the five-step approach it will use to determine whether to issue a fine.