Immigration analysis: On 29 February 2024 the Home Office published 12 of the 14 inspection reports completed by the previous Independent Chief Inspector of Borders and Immigration (ICIBI), David Neal, whose appointment was terminated on 20 February 2024. One of these reports was on the ICIBI’s re-inspection of ePassport gates (eGates), which was originally sent to the Home Secretary in May 2023 and is highly critical of various aspects. The Home Office has also published its response to the report. This analysis looks at what the report found, and the implications.

Tax analysis: David Milne KC, of Pump Court Tax Chambers, reviews the First-tier Tax Tribunal’s (FTT) judgment in Barclays Bank plc.

What is the ‘One IPO’ transformation programme? This Practice Note tracks developments in the UK Intellectual Property Office’s (IPO) ‘One IPO’ transformation programme. It summarises the background to the programme, the key steps that are proposed, and the timeline for carrying out each stage of the programme. It also sets out details of the consultations underpinning the programme and the responses to them. The ‘One IPO’ transformation programme is designed to modernise and improve the IPO’s services. The IPO plans to replace its existing processes with a digital system for all registered IP rights (patents, trade marks and designs). The proposed changes to the current legal framework (which assumes a system built around paper forms and correspondence) will remove legal barriers to the IPO’s digital transformation work and address inconsistencies between the different IP rights. In its Innovation and Growth Report 2025/26, the IPO said ‘when fully implemented, the One IPO system will simplify how businesses secure and manage all their UK IP rights from a single authenticated account. Simpler, more reliable services reduce friction and support faster commercialisation’.

EU Law analysis: Pursuant to Article 6a(1) and (2) of Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (EU Price Indication Directive), any announcement of a price reduction must indicate the prior price applied by the trader for a determined period of time prior to the application of the price reduction. The ‘prior price’ is the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction. A price reduction of a product announced by a trader in the form of a percentage, or in the form a promotional statement intended to highlight the advantageous nature of the announced price must therefore be determined on the basis of the ‘prior price’, ie the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction. Written by Geert Bovy, partner, and Sebastian Tytgat, counsel, at Baker McKenzie.

Local Government analysis: This case involved an appeal to the Upper Tribunal (UT) against the decision of the First-tier Tribunal (FTT) in its determination of a ‘reasonable adjustments’ claim brought under the Equality Act 2010 ( EqA 2010). The UT upheld the appeal on the basis that the FTT had failed to properly determine the claim that had been made and had erred in its approach to the consideration of reasonable adjustments under EqA 2010, ss 20, 21 and 85. The UT considered the interplay between the legal framework for special educational needs under the Children and Families Act 2014 (CFA 2014), and the duty to make reasonable adjustments under EqA 2010. The Judge provided helpful guidance on the principles that should be considered by Tribunals when determining claims of this nature. Written by Laura Thompson, senior associate at Browne Jacobson LLP.

Private Client analysis: An appeal allowed in relation to how a first instance judge applied the test for capacity and clarification of the role of insight, if any, in assessing capacity. An important judgment which collates and summarises recent case law and analysis in assessing capacity and the provision of a ten-point checklist which is a must for all practitioners and those assessing capacity to be aware of and apply. Written by Oliver Studdert, partner at Irwin Mitchell LLP.

Private Client analysis: The High Court held that an adult daughter was entitled to reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) notwithstanding her earning capacity and receipt of income above subsistence benefits. Applying Ilott v The Blue Cross [2018] AC 545 and related authorities, the court found that financial need alone was insufficient but that the parties’ reconciliation, the claimant’s caring role, and the deceased’s responsibility for the prior estrangement constituted the necessary ‘special circumstances’. The decision illustrates the continuing importance of moral claims and family dynamics in adult-child claims under the I(PFD)A 1975, while also emphasising the evidential importance of properly documented financial need and expenditure. Written in partnership with Marcus Croskell, barrister at New Square Chambers.

Updates to various Worker and Temporary Worker sponsor guidance documents on 24 October 2024 confirm that the Home Office has commenced the roll-out of its new ‘Sponsor UK’ IT system, which will apply initially to invited participating sponsors on a private beta pilot in the Temporary Worker Government Authorised Exchange (GAE) route. Such sponsors are able to use the new system from 24 October 2024, and a new Annex GA1 to the ‘Sponsor a Government Authorised Exchange Worker’ guidance sets out in detail how the new system will work in its private beta form. Related amendments have been made to the general sponsor guidance documents to exclude these sponsors from various aspects (the rest of the general guidance will continue to apply to them), and to add certain additional duties. Details of the private beta pilot, and other guidance updates are set out below.

Dispute Resolution analysis: Senior Costs Judge Gordon-Saker has delivered an important decision on whether costs are capped in circumstances where a CFA is terminated mid-proceedings. The decision is of widespread importance since most CFAs (including the standard Law Society terms) ordinarily offer protection to the claimant by limiting the maximum costs which the client will be liable to pay to their solicitors. However, the situation may differ where a client initially instructs solicitors under a CFA then sacks them before the conclusion of the claim. In short, the court held that costs recoverable by a solicitor from their (former) client will not be capped where: (1) the client terminates the CFA with their initial representatives (2) the client does so before the claim has been ‘won’ and (3) the sacked solicitors exercise their right to seek costs from the former client at that point rather than await the outcome of the claim (ie to ‘stick’ rather than ‘twist’). Written by Jeremy McKeown, barrister at 12 King’s Bench Walk.

Construction analysis: The Technology and Construction Court (TCC) dismissed applications for summary judgment, holding that once negotiations include a ‘subject to contract’ reservation, that conditionality remains unless all parties expressly agree it has been removed or such agreement is necessarily implied. The court made clear that acceptance of terms in a ‘subject to contract’ agreement cannot in itself lead to a binding agreement. The underlying dispute concerned the collapse of a nursery roof at Baltimore Wharf, with damages estimated at over £2m. Settlement negotiations marked ‘subject to contract’ culminated in the claimant's solicitor confirming on 24 September 2024 that ‘the Settlement Agreement with WSP's amends is agreed’. However, the agreed settlement agreement remained marked ‘Subject to contract and without prejudice save as to costs’, with nothing in the email exchange demonstrating abandonment of this clear conditionality. The court found no evidence of necessary implication that the subject to contract reservation had been removed, noting that subsequent conduct of the parties, including agreements to stay proceedings was inconsistent with parties believing a binding settlement existed.

Public Law analysis: In the summer of 2022, after the resignation of Prime Minister Boris Johnson, the Conservative Party ran an internal contest to determine who would replace him as leader of the party, and as Prime Minister. During the campaign, Tortoise Media, a UK-based media company, wrote to the Conservative Party asking nine questions. They submitted these questions because, to test the integrity of the Conservative Party’s internal election processes, Tortoise Media had registered a tortoise, two overseas nationals, and a fictional person to vote in the election. The Conservative Party declined to answer Tortoise Media’s questions replying, ‘the Party is not a public body and does not carry out public functions.’ Political parties are not public authorities within the meaning of the Freedom of Information Act 2000, and so Tortoise Media instead argued there had been violation of Article 10 of the European Convention on Human Rights (ECHR). To invoke Article 10, however, Tortoise Media had to satisfy section 6 of the Human Rights Act 1998 (HRA 1998) and demonstrate that the Conservative Party was exercising a public function. Written by Dr Leah Trueblood, senior lecturer in Law at The University of Surrey.

Commercial analysis: As our everyday use of language, technology, and business practice continues to evolve, the use of emojis can result in the inadvertent acceptance of legally binding contracts or terms. It’s the latest potential pitfall for negotiating commercial parties. Written by Louise Norbury-Robinson, director at Walker Morris LLP.