The Incorporated Council of Law Reporting

The Industrial Cases Reports [2026] ICR 482 Employment— Unfair dismissal— Reasonableness of dismissal— Employer operating progression-based performance model— Claimant dismissed for underperformance— Whether potentially fair reason for dismissal— Tribunal finding dismissal unfair because of failure to comply with disciplinary policy— 100% reduction to compensatory award made on basis policy mirroring that actually applied would have resulted in fair dismissal— Whether permissible— Employment...

The Business Law Reports [2026] Bus LR 582 Copyright— Infringement— Artificial intelligence— Defendant training generative AI model outside United Kingdom using claimants’ copyright works— Model not storing any of its training data— Defendant making model available for download in United Kingdom— Claimant contending model constituting article known or believed to be infringing copy and bringing claim for secondary copyright infringement— Whether “article” including copies stored in intangible...

Held, (1) Under the Companies Act 2006, a subscriber to the memorandum of association of a public company became a member and the holder of shares on registration, and the obligation to pay for those shares in cash arose at that point. The purpose of a call notice under the company’s articles of association was to suspend the member’s rights and to facilitate forfeiture of unpaid shares, not to bring about the obligation to pay.

Held, claim dismissed. (1) The effect of amending the contract from DES to CIF terms was that Part 2 of the BP GTCs applied, including section 11, under which, where no laydays were specified, the stated delivery dates were indicative discharge dates only.

Held, appeal allowed. Applying the ordinary meaning of the words used in the context of section 11(4)(a) of the Capital Allowances Act 2001, the requirement that, in order to be “qualifying expenditure”, the expenditure had to be “on” the provision of plant indicated a narrow test, requiring a close connection between the expenditure and the plant provided. The primary cost was the purchase price of the plant, whether that were an off-the-shelf item or a commissioned bespoke item.

* Moore v Royal Mail Group Ltd and others Whether petition required to state date on which return made to Clerk of the Crown if also stating date of election Whether failure to comply with such requirement rendering petition invalid Whether court empowered to make order retrospectively validating service of petition

The Weekly Law Reports [2026] 1 WLR 1522 Sanctions— Trade— Financial services and funds relating to restricted goods and restricted technology— Bank confirming letters of credit issued in favour of lessors of aircraft to Russian airlines— Sanctions regulations subsequently prohibiting provision of financial services or funds in connection with arrangement with object of making aircraft available for use in Russia— Bank refusing to make payment under letters of credit— Whether regulations...

and others v and others [On appeal from the Court of Appeal of Bermuda] — — — Offshore settlement providing for appointment of protectors with powers of veto over certain types of trustees’ decisions — Settlement deed making no provision as to how powers of veto to be exercised — Whether protectors’ role limited to reviewing lawfulness of trustees’ decisions or extending to exercising discretion by reference to merits of trustees’ decisions Subscribe or Register to access the full Law Report.

— — — Advocate during bail hearing disclosing claimant’s address given to police in confidence — Whether advocate immune from suit in respect of such disclosure Subscribe or Register to access the full Law Report. Registered users can access three Law Reports, three case information pages and perform three Case Genie searches per month. If you already have an ICLR account please log in. For other queries or to request a free trial please contact ICLR. MoJ users should log in here.

*Rex ( Refugee and Migrant Forum of Essex and London and another) v Secretary of State for the Home Department (No 1) — — — Secretary of State providing documentary proof of immigration status to some but not all migrants with limited leave to remain — — — Subscribe or Register to access the full Law Report. Registered users can access three Law Reports, three case information pages and perform three Case Genie searches per month. If you already have an ICLR account please log in.