Commercial analysis: The High Court has delivered a pivotal ruling recently in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) which confirms that enforceable contracts can be formed through informal social media platforms such as WhatsApp. Jeremy Ladyman, treasury & financial services partner, and Melody Li, solicitor, both at Irwin Mitchell, consider the implication of the court’s decision.

MLex: Meta Platforms’ WhatsApp can directly challenge a binding decision of the European Data Protection Board (EDPB) before the EU courts, the EU’s top court said on 10 February 2026. The ruling opens the door to contesting EDPB binding decisions at EU level rather than through national courts, potentially shortening judicial proceedings and reshaping how companies appeal GDPR enforcement actions.

MLex: Meta Platforms’ WhatsApp Ireland should be allowed to contest a decision by the umbrella group of EU data protection authorities at the EU courts because it was ‘directly concerned’ by the decision, according to a legal opinion for the EU’s Court of Justice. Advocate General Tamara Ćapeta said in her non-binding opinion that the appeal against a decision by the European Data Protection Board should be admissible and referred back to the General Court for a review on its merits. The case is closely watched because an EU court decision allowing a “direct action” at the lower-tier General Court would unlock six pending appeals in similar cases.

This Q&A is limited to the law in England. Section 94 of the School Standards and Framework Act 1998 (SSFA 1998) confers a right of appeal against school admission decisions: a ‘local authority shall make arrangements for enabling [appeals] against…any decision made by or on behalf of the authority refusing a child admission to a school’. Further provision for appeals is made in the School Admissions (Appeal Arrangements) (England) Regulations 2012, SI 2012/9, but the substantial details governing the conduct of appeals are contained in the School Admissions Appeals Code 2012. This is mandatory statutory guidance which all appeal panels must follow. Parents who exercise

IP analysis: The case deals with the circumstances in which the court will order rectification of the Trade Marks register. The claim for rectification was put on two bases, both under section 10B of the Trade Marks Act 1994 (TMA 1994) and in equity. The judge found that the equitable remedy had been excluded because the trade marks legislation enacted to carry into effect Directive (EU) 2015/2436 was intended to provide a complete code. The QUANTUM ADVISORY name and associated branding is used for the purposes of both the claimant’s and the defendant’s businesses under long-term arrangements entered into between them. The judge made findings that the use of the marks by Quantum Acturial LLP (‘LLP’) was with the licence of Quantum Advisory Ltd (‘Quad’); that LLP owed fiduciary duties to Quad arising out of their contractual relationship and that the trade marks had been registered without justification. He ordered rectification of the register under TMA 1994, s 10B, even though the trade marks had been registered before it came into force. Written by Guy Adams, barrister at New Square Chambers and counsel (with Emma Himsworth KC) instructed by HCR for claimant.

Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation Act 1996 (Arbitration Act), directing the respondents to furnish an irrevocable bank guarantee for the sum of INR 145 crore. After an arbitral award, interim reliefs granted by the Delhi High Court, an emergency arbitration decision (EA Decision), and the arbitral tribunal’s order, the respondents’ failure to abide by the decisions led the petitioners to file the present application. The court recognized the distinction between an ‘award’ and an ‘order’ by rejecting the respondents’ contention that the EA Decision was an award that had to be enforced under Part II of the Arbitration Act. The court held that the objective of section 9 is to not defeat the purpose of arbitration but recognize party autonomy as the bedrock of arbitration. This decision sheds light on the binding nature of an emergency arbitration decision by classifying it as ‘order’ and the recourse available for interim relief even in international commercial arbitrations. Written by Neeti Sachdeva, registrar and secretary general, and Charvi Krishna, case manager at Mumbai Centre for International Arbitration (MCIA).

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have amended existing content or published new content in Practice Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2018 New or updated? Content Reason New Subtopic: Brexit—compliance and risk managementPractice Notes:—Brexit—exiting the EU under Article 50 [Archived]—Brexit legislation tracker [Archived]—Brexit risk management guide [Archived]—The status of EU law in the UK after Brexit [Archived]—The Data Protection Act 2018—Brexit—contract risk management [Archived]—Working with Swiss lawyers—the registered European lawyer (REL) and registered Swiss lawyer (RSL) regimes—Development of sanctions regime in the UK post Brexit—timeline Content development Updated Precedent: Website terms and conditions—law firms The ‘Cookies and other information-gathering technologies’ section has been updated to reflect the SRA Transparency Rules. Updated Practice Note: Website management—regulatory requirements—law

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Risk and Compliance. This Practice Note keeps you informed, on a month-by-month basis, about amended existing content and newly published content in Risk & Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2018 New or updated? Content Reason New Subtopic: Whistleblowing—Practice Note: Protection for whistleblowersPrecedents:—Policy and procedure—whistleblowing (short form)—Whistleblowing report form—Whistleblowing report register—Whistleblowing—annual review—Training materials—whistleblowing Content development New Precedent: Register of superSAR requests and responses Content development New Practice Note: How to deal with the FCA Content development New Precedent: Data protection impact assessment—DPIA—short form Content development New Precedent: Automated processing enquiry form Content development New Practice Note: Direct marketing risk management guide Content development Updated Precedent: Data protection board report Updated to include new sections on Data Protection Impact Assessments

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have amended existing content or published new content in Practice Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2019 New or updated? Content Reason New Practice Note: Practice Compliance forecast as at 11 December 2019 Content development New Practice Note: Practice Compliance crime prevention forecast as at 11 December 2019 Content development New Practice Notes:—Client inception—law firms—Matter inception—law firms—Matter management—law firmsChecklist: Client/matter inception—checklist To help firms comply with the SRA Standards and Regulations, in force from 25 November 2019. Updated Practice Notes:—SRA reforms 2019—new and updated content [Archived]— Firm closure plan—key considerations—Working with foreign lawyers—the registered foreign lawyer (RFL) regime—Working with Swiss lawyers—the registered European lawyer (REL) and registered Swiss lawyer (RSL) regimes—Separate

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Risk and Compliance. This Practice Note keeps you informed, on a month-by-month basis, about amended existing content and newly-published content in Risk & Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2019 New or updated? Content Reason New Content development Updated Practice Notes:— Working with foreign lawyers—the registered foreign lawyer (RFL) regime—Working with Swiss lawyers—the registered European lawyer (REL) and registered Swiss lawyer (RSL) regimes Updated to reflect regulatory requirements in the SRA Standards and Regulations 2019. Updated Practice Note: How to process personal data lawfully Updated section ’Grounds required for special category personal data’ following new ICO guidance expanding the interpretation of the lawful basis for processing in relation to legal claims. Updated Practice Note: Exclusion and limitation of liability Updated Practice Note: Exclusion and limitation

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have amended existing content or published new content in Practice Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2020 New or updated? Content Reason New Precedent: Privacy impact assessment Content development New Practice Note: How to manage sanctions compliance—law firms Content development Updated Practice Notes:—Understanding and improving gender and other pay gaps—Gender pay gap reporting Updated to reflect latest government guidance on gender pay gaps published in December 2020. Updated Precedents:—Privacy policy—general commercial organisation—customer-facing—Privacy policy—law firms and professional services Updated to reflect the impact of Brexit and the introduction of the UK GDPR. Particularly on sections on international data transfers and appointing a representative. Updated Practice Notes:—Coronavirus (COVID-19)—employment data protection issues [Archived] Updated to reflect

ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Risk and Compliance. This Practice Note keeps you informed, on a month-by-month basis, about amended existing content and newly-published content in Risk & Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2020 New or updated? Content Reason Updated Practice Notes:—Coronavirus (COVID-19)—employment data protection issues [Archived] Updated to reflect latest government guidance. Updated Practice Note: High-risk third countries trackerPrecedent: Table of high-risk third countries Updated to remove Mongolia as per EU delegated regulation issued on 9 December 2020. Updated Practice Note: Sanctions—reporting obligations Content maintenance Updated Practice Note: Sanctions regimes made under SAMLA 2018—tracker [Since removed] Updated to reflect new human rights designations. Updated Practice Note: Criminal records—asking questions and DBS checks Content maintenance Updated Practice Notes:—Brexit legislation tracker [Archived]—Brexit transition hub [Archived] Updated to reflect