Court of Appeal Holds That High Court Exceeded Its Powers in Afghan Data Breach Litigation

In a significant judgment delivered on 8 January 2026, the Court of Appeal has allowed the government’s appeal against three orders previously made by the High Court in litigation connected to the Afghan data breach. The case involved the Secretaries of State for Defence, the Home Office, and the Foreign, Commonwealth and Development Office (FCDO) and arises from judicial reviews linked to relocation policies after a serious Ministry of Defence data breach.

Context and High Court Orders

The disputes originated from issues concerning two UK Government programmes: the Afghan Relocations and Assistance Policy (ARAP) and the Afghanistan Response Route (ARR), both affected by a large-scale data breach of Afghan applicants’ personal information. The breach, which was subject to a long‑running superinjunction, had serious implications for secrecy and litigation practice.

In two separate judicial review cases, the High Court accepted that Ministry of Defence officials had provided misleading information to the court due to “serious breakdowns in communication.” Officials’ failure to present a complete and accurate record meant the government could not comply with previously agreed court timetables. The High Court strongly criticised this conduct.

In response, the High Court issued broad case management directions intended to apply to all ARAP‑related High Court cases conducted under closed material procedures. These directions required that any future applications to vary court orders be accompanied by a witness statement from a senior civil servant explaining why compliance with existing directions was no longer feasible.

Separately, in proceedings concerning the ARR policy, the High Court imposed a mandatory order requiring government ministers to “forthwith” prepare a revised policy after finding that the government’s delay in doing so was unacceptable. This followed an earlier judgment in R (CX1 and MP1) v Secretary of State for Defence [2024] EWHC (Admin) 892, which found the policy needed reconsideration.

Court of Appeal’s Decision

On appeal, the Court of Appeal acknowledged the “wholly abnormal” circumstances created by the data breach and the superinjunction, and recognised the High Court’s commitment to justice in highly sensitive litigation. However, the appellate court concluded that the High Court’s orders exceeded its legal powers.

For the two general directions, the Court of Appeal held that the High Court judge lacked jurisdiction to make:

an order affecting a case not before that judge;
an order relating to hypothetical future cases that had not yet been commenced; and
an order directed at the conduct of non‑parties to the proceedings.

The Court emphasised that there is no precedent for imposing prospective orders intended to bind other judges or future litigation outside specific frameworks such as group litigation orders. It noted that even in exceptional circumstances, the High Court’s general directions went beyond proper case management powers.

Regarding the mandatory order on ARR policy, the Court of Appeal held that compelling ministers to adopt a revised policy crossed a fundamental constitutional boundary between judicial and executive functions. The Court also took issue with the lack of advance notice that such an order was being contemplated.

Implications

This judgment reaffirms the limits of judicial power within the UK constitutional framework, particularly in the context of sensitive litigation involving national security and executive decision‑making. While recognising the challenging context of the Afghan data breach and its legal aftermath, the Court of Appeal’s ruling clarifies that judges must not extend their case management authority into areas that affect future cases or governmental policy decisions without clear statutory or procedural basis.

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Who May Verify a Statement of Case for a Corporate Party?

Statements of case must be verified by a statement of truth. That requirement is not a mere procedural formality. It is a fundamental safeguard intended to ensure that factual assertions placed before the court are confirmed by someone who is both properly authorised and sufficiently senior to take responsibility for their accuracy.

For corporate litigants, the question of who signs the statement of truth can be outcome-critical. This was recently brought into sharp focus by the Commercial Court in Henderson & Jones Ltd v Tysers Insurance Brokers Ltd [2025] EWHC 3155 (Comm), a decision which provides timely and practical guidance on compliance with CPR Part 22 and Practice Direction 22.

The CPR Framework

PD22 paragraph 3.1: the seniority requirement

Where a statement of truth is signed by a party and that party is a company, CPR PD22 paragraph 3.1 requires that it must be signed by:

“a person holding a senior position in the company or corporation”

and that person must state the position they hold.

The Practice Direction gives non-exhaustive examples of senior positions, including:

director,
company secretary,
chief executive, or
other officer or manager with authority to make statements on the company’s behalf.

The emphasis is not on job title alone, but on whether the signatory has real authority and responsibility within the corporate structure to vouch for the truth of the facts pleaded.

Legal representatives and corporate employees

The CPR distinguishes between:

a statement of truth signed by the party, and
one signed by the party’s legal representative.

A “legal representative” is defined in CPR 2.3 as a person instructed to act for a party in relation to the proceedings. Where a legal representative signs, the statement must reflect the client’s belief, not the representative’s, and must be signed in the individual’s own name.

An important and sometimes overlooked point is that a person who is employed by the company — even if legally qualified — does not automatically qualify as a “legal representative” for CPR purposes.

The Decision in Henderson & Jones v Tysers

In Henderson & Jones, the defendant applied to strike out a schedule of loss on the basis that it had not been properly verified.

The schedule was signed by an employee of the claimant company, who was a qualified solicitor and described herself as an “associate”. The court held that the statement of truth was non-compliant, identifying several defects:

although the signatory was a solicitor, she had not been instructed to act for the claimant in the proceedings and therefore was not a “legal representative” within the CPR definition;
the description “associate” did not, without more, demonstrate that she held a senior position within the claimant company for the purposes of PD22 paragraph 3.1;
the statement was signed in the name of the organisation rather than the individual; and
the statement confirmed the truth of the “information” in the schedule, rather than the facts.

While the court ultimately permitted the defect to be cured by a compliant statement of truth signed by a director, the judgment makes clear that failures of this kind expose parties to legitimate procedural challenge and tactical pressure.

Key Takeaways for In-House Teams

Seniority must be clear and explicit

For corporate parties, the court will look at the position stated on the document itself. Ambiguous or internally meaningful titles may not suffice. Best practice is to ensure that statements of truth are signed by individuals with clearly recognisable senior roles — such as directors, company secretaries, CFOs or general counsel – and that the position is expressly stated.

Legal qualification does not equal authority under the CPR

An in-house lawyer is not automatically a “legal representative” for CPR purposes. Unless they are instructed to act in the proceedings in that capacity, they will be treated as signing on behalf of the company and must therefore satisfy the PD22 seniority requirement.

This is a common and avoidable pitfall.

The wording matters: confirm “facts”, not “information”

Statements of truth must verify the truth of the facts stated. Seemingly minor deviations in wording can render a statement technically defective and invite challenge.

Always sign personally, not in the company’s name

Whether signed by a party or a legal representative, the statement of truth must be signed in the individual’s own name, reinforcing the personal responsibility attached to the verification.

Non-compliance creates leverage for opponents

Even where defects can ultimately be cured, an opponent is entitled to take the point. Challenges to statements of truth are often deployed tactically alongside strike-out or summary judgment applications, increasing cost, delay and risk.

From a commercial perspective, this is avoidable exposure.

Early coordination avoids late-stage risk

Verification issues often arise under tight deadlines, particularly following case management orders. Early identification of the correct signatory — and coordination between in-house teams and external litigators — ensures compliance on first service and avoids unnecessary satellite disputes.

Conclusion

The message from Henderson & Jones is clear: statements of truth are not administrative afterthoughts. For corporate litigants, they require deliberate attention, proper authorisation, and strict compliance with the CPR.

Getting it right is straightforward. Getting it wrong can be disproportionately costly.

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Lisa’s Law Awarded Legal 500 Accolade for Billing Transparency and Operational Efficiency

Along with retaining our Legal 500 Level 4 ranking for “Immigration: Personal”, we are delighted to have once again achieved the Legal 500’s Client Satisfaction Accolade.

However, this time, rather than solely reflecting our clients’ happiness with our service, we were specifically recognised for our billing transparency and operational efficiency, setting us apart from many of our competitors.

The awarding of this accolade is based on hundreds of thousands of client surveys that are conducted by Legal 500, which are used to determine the best performing firms in the country for client satisfaction.

What this means for our clients

This recognition provides independent confirmation that our clients can expect:

Clear, transparent pricing with no hidden surprises
Efficient case management and timely communication
A structured, well-run service designed to reduce stress and uncertainty
Consistently high standards of client care

This means that our clients benefit from a firm that not only delivers strong legal outcomes, but in a way that is organised, transparent and client-focused at every stage.

You can find the link to our Legal 500 profile here.

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Legal Victory for Trafficking Victims: Home Office Reconsideration of VTS Denial

This case was brought by Duncan Lewis Solicitors on behalf of YX. It included several challenges to the Home Office’s refusal to grant Temporary permission to stay for victims of human trafficking and slavery (VTS) leave to victims of trafficking.

The case challenged the lawfulness of the Home Office’s decision-making, which included the failure to properly assess relevant evidence, to comply with its investigative duties, and to correctly apply the statutory criteria under section 65 of the Nationality and Borders Act 2022.

The facts of the case

The claimant, YX, is a vulnerable victim of human trafficking and modern slavery. They received a positive conclusive grounds decision as a result of their experiences of kidnap for ransom and forced labour in Libya. YX was diagnosed with mental health issues arising from their period of exploitation and would be unable to access the required treatment and support in his country of origin, Ethiopia, even if it was available there.

YX first submitted an application for VTS leave in early 2024. They were then caught in a cycle of refusals and reconsideration requests, where the Home Office continually made refusal decisions which failed to properly consider the evidence put forward. YX challenged these decisions, the Home Office agreed to reconsider and then ultimately refused to grant leave again.

Following 06 February 2025 refusal, YX issued judicial review proceedings to challenge the Home Office’s decision to refuse to grant him VTS. Permission to proceed was granted on all grounds by Upper Tribunal, and the case was heard on 12 December 2025.

At all stages, the Home Office had upheld its refusal and defended its position. However, shortly before the final hearing, the Home Office abruptly changed its position and agreed, by consent order, to reconsider whether to grant YX VTS in light of the grounds of challenge that had been raised in the judicial review.

Legal framework

VTS leave is designed to offer confirmed victims of modern slavery and trafficking a period of stay to recover from any physical or psychological harm arising from their exploitation. It can also be granted on the basis that the individual is required to remain the UK to seek compensation or co-operate with a public authority, for example with a police investigation into their trafficking.

Section 65 of the Nationality and Borders Act 2022 (NABA 2022) sets out the criteria that need to be applied when deciding whether to grant a person VTS leave. Both the wording of the statute and the Home Office’s guidance make clear that decision-makers should adopt a broad, holistic and “victim-centred” approach to deciding whether a person might need a grant of leave to assist their recovery from exploitation.

Submissions

The following grounds:

The decision was irrational and/or failed to have regard to relevant considerations;
The decision-maker failed to discharge their Tameside duty of ensuring that they had sufficient relevant material to make the Section 65(4)-(5) NABA 2022 assessment; and
The decision-maker misapplied the test in Section 65(2)(a) NABA 2022 by adopting an overly narrow approach.

It was argued that despite the broad wording used in Section 65(2)(a) NABA 2022, the decision – maker failed to consider the request VTS leave holistically. They did not give appropriate weight to all relevant factors and all relevant evidence in this case.

This included the practical effect of YX remaining in the UK without visa, why having leave would improve their mental health and increase their ability to benefit from the required treatment, and why they would be at increased risk of re-trafficking if leave was not granted. These failures were the absence of any proper consideration of the wider barriers to YX accessing treatment in Ethiopia.

A prepared detailed witness statements with prominent anti-trafficking NGOs, support organisations, clinicians and academics, addressing the significant recovery needs of victims of trafficking, the importance of immigration status and the risk of re-trafficking.

The consent order states that the Home Office agrees to reconsider the refusal “in light of” these grounds of challenge and the permission decision. This case follows a previous group challenge brought by Duncan Lewis in 2024 (HHH & ors v SSHD (JR-2024-LON-001182)), on behalf of 12 clients refused VTS leave.

Those proceedings ended in July 2024, after the Home Office agreed to review their policy in light of the concerns the applicants had raised. The Home Office also agreed to reconsider the applicants’ refusals of VTS leave, in addition to giving assurances regarding a large number of other clients who had not yet issued proceedings.

Our thoughts

This case represented a victory for both YX and other victims of trafficking. The Home Office’s misapplication of the statutory criteria is resulting in large numbers of survivors of trafficking being denied the leave to remain they are legally entitled to. This is a concern, as it represents a failure by the Home Office to adequately uphold and follow their duties to vulnerable survivors of trafficking, as protected in domestic law and policy.

This case has set an important precedent which we at Lisa’s Law Solicitors hope will have far reaching impacts for other survivors seeking to recover from their exploitation.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

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BNO Visa Eligibility Criteria Expanded! Find Out How to Apply

Historically, the BNO route allows BNO status holders and their family members to apply for a BNO visa. Now, in February 2026, a major expansion of the BNO visa route has has been announced by the Home Office.

For the first time, adult children of British National (Overseas) status holders who were under 18 on 1st July 1997 will now be eligible to apply for the route independently of their parents. This closes the gap in eligibility that had led to unfair outcomes within families, with some children being able to resettle while others cannot. An estimated 26,000 people are expected to arrive under the expanded route over the next five years according to the government.

Hong Kong residents to continue to benefit from a five-year pathway to settlement

In November 2025, the Home Secretary confirmed that Hong Kong residents will continue to benefit from a five-year pathway to permanent UK settlement, compared with a new standard baseline of ten years’ residence for most other migrants.

The Home Secretary added that the UK would always honour its historic commitment to the people of Hong Kong despite the need to restore order and control to the UK border.

The BNO visa originally opened in January 2021 and allows people from Hong Kong who are classified as British nationals to apply for one. It also offers a path to settlement in the UK.

Want to apply for a BNO visa? Contact us today.

Since the BNO visa route was launched, over 230,000 people have been granted a visa and almost 170,000 have moved to the UK since the scheme began in January 2021. However, there are many more people from Hong Kong who could be eligible, with figures indicating 5.4 million may qualify for a BNO visa.

The BNO visa presents a unique opportunity for Hongkongers who registered as a British national (overseas) before 1^st July 1997, when Hong Kong was handed over from the United Kingdom to the People’s Republic of China. You can also apply for a BNO visa if you are the child of a British national (overseas) who was born on or after 1^st July 1997.

Keep reading to learn more about the requirements of the BNO visa, as well as how to apply using both the normal route and the BNO visa priority service.

Who can apply for a BNO Visa?

Firstly, to apply for a BNO visa you must be at least 18 years old and:

A British national (overseas)
The child of a British national (overseas) born on or after 1^st July 1997, or;
The child of a British national (overseas) who was under the age of 18 on 1st July 1997

Your family members can apply as your dependant if they are eligible, but must make their own application as your dependent. They must also apply at the same time as you unless they are your partner or a child under 18 years of age or an adult dependent relative.

Your permanent home must be:

in Hong Kong, if you are applying from outside the UK
in the UK, Channel Islands, Isle of Man or Hong Kong if you’re applying in the UK

While there are no language requirements, if you later decide to settle after five years then you will be required to have a good knowledge of English.

Why should you choose the BNO visa?

A BNO visa allows you to both work and study in the UK. Compared with other visas, it has a number of perks:

No minimum skill or salary requirements
No sponsorship requirements
Ability to work in any job with any employer
Ability to study at any school, college or university without needing to ask for permission

What are the costs involved?

To apply, switch to, or extend a BNO visa you must pay both a visa application fee and a healthcare surcharge.

A visa application fee must be paid by you and each of your family members who are applying. As of February 2026, the costs are:

£193 for 2 years and 6 months (30 months)
£268 for 5 years

The main cost when applying is for the healthcare surcharge, which will allow you to use the UK’s National Health Service (NHS).

The costs are as follows:

Adults

£2,587.50 if you’re staying for 2 years and 6 months
£5,175 if you’re staying for 5 years

Children (under 18)

£1,940 if you’re staying for 2 years and 6 months
£3,880 if you’re staying for 5 years

The healthcare surcharge is paid as part of your online visa application.

Please note, however, that there are a number of financial requirements involved. You will usually need to prove that you have enough money to support yourself and your family for six months in the UK. The exception to this is if you have been living in the UK for at least 12 months.

You can prove that you have enough money in a number of ways. This can include:

bank or savings account statements
payslips
proof of income from self-employment
proof of income from rental property
a letter from friends or family with evidence (such as bank statements or payslips) that they have the money to support you and your family
a letter confirming an offer of accommodation from friends or family
a tenancy or mortgage agreement

It is important to note that proving an offer of work does not usually count as evidence unless you are transferring to a UK job with your current employer.

How long can you stay in the UK?

You are able to enter or stay in the UK for a 30 month period or a period of 5 years. If you apply for 30 months, then you are able to extend by a further 30 months. There is no limit on the number of times you can extend your BNO visa.

At the end of 5 years, you are able to apply for settlement if you meet the requirements. You are also able to apply for British citizenship 12 months after you achieve settlement.

How do I apply for a BNO visa?

For applying both inside and outside the UK, you will need a number of documents. You can find the full list of documents here.

Applying from outside the UK

Applying from outside the UK for a British National Overseas visa is a fairly simple process. There are two main ways of applying, either by using the UK Immigration: ID Check app or by going to an appointment at a visa application centre. Your visa will start on the day that it is approved.

If your application is successful then you must travel to the UK within 90 days if you went to a visa application centre. If you used the UK Immigration: ID Check app then you must travel to the UK before your visa expires.

You will receive your decision by letter or email which will inform you what you need to do next.

Switching to a BNO visa from inside the UK

When applying for the first time from inside the UK, you will need to apply online. Like applying from outside of the UK, you will either use the UK Immigration: ID Check app or go to an appointment and at a visa application centre.

Either way, you will be asked to provide your BNO, Hong Kong Special Administrative Region, or EEA passport. You will need to wait up to 12 weeks to process.

Unless of course, you apply for priority service.

Priority service

As of February 2026, you can pay £500 (HK$4,971) to have your visa processed within five working days. This can be done through either attending an appointment at a UK Visa and Citizen Application Services (UKVCAS) centre or by using the UK Immigration: ID Check app.

While there is no limit on the number of people who can apply for a BNO visa, there is a limit on the number of people who can apply for priority service. You will find out if you can get a faster decision and what you need to do when you apply.

The super priority service is also available to those applying from inside the UK which costs £1000. Their application will be processed the next working day after their UKVCAS appointment or their submission on the ID app.

Our thoughts

We welcome the expansion of the Hong Kong BNO visa. The BNO visa has already been very successful and is a win-win for both the UK and BNO applicants, with 170,000 arrivals so far. On the one hand, it gives millions of BNO passport holders in Hong Kong the opportunity to migrate and settle in the UK, and on the other it also provides the UK with skilled migrants who can help to fill the UK’s domestic labour shortage following Brexit.

The BNO visa scheme is expected to continue indefinitely for now, so there is plenty of time for applicants to apply. If you wish to apply for a BNO visa, feel free to contact us today. Our expert immigration team would be delighted to help you.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

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James Cook

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Commonhold and Leasehold Reform Bill: What the Proposed Changes Mean for Leaseholders

Following the recent announcement on the proposed ground rent cap, the Government has published the draft Commonhold and Leasehold Reform Bill for pre-legislative scrutiny. The move signals a major shift in how flats will be owned and managed in England and Wales and an intention to end the “feudal leasehold system”.

Although the Bill is still in draft form and may change, the key proposals are summarised below.

Ground Rent Cap

The first major policy which was announced was the introduction of a £250 cap on ground rents, which is an annual or periodic charge which leaseholders must pay to freeholders and affects around 3.8 million leasehold properties in England and Wales. This will change to a peppercorn rate after 40 years. We covered this announcement about the £250 Ground Rent Cap in a recent article here.

Modernising Flat Ownership with Commonhold

Commonhold allows flat owners to hold freehold title to their individual units while collectively managing shared areas. Unlike leasehold, there is no risk of lease expiry or escalating ground rent.

The Bill proposes changes to make commonhold a practical alternative:

Easier conversion from leasehold, requiring only a majority of qualifying owners rather than unanimity.
Flexible structures for mixed-use developments.
Stronger governance with tribunal oversight for disputes.

Phasing Out New Leasehold Flats

The Bill intends to stop most new long residential leases for flats, making commonhold the default for new developments. Existing leasehold flats will remain unaffected.

Some exemptions are expected, such as:

Shared ownership schemes.
Certain home finance arrangements.

The exact list will be confirmed following public consultation.

Removing Forfeiture as a Remedy

The Bill abolishes forfeiture as a remedy for breaches of long residential leases. Forfeiture has widely been criticised for enabling landlords to terminate leases and gain possession of a home following the breach of a lease term.

Instead, landlords would rely on a new statutory enforcement framework, allowing courts to impose proportionate remedies such as remedial orders, sale orders, or costs orders. This will strengthen protections for homeowners, allowing them to feel safer in their own homes.

Reform of Estate Rentcharges

The Bill removes the powers currently available to estate rentcharge owners, such as the ability to take possession of property for non-payment. Currently, homeowners can lose control of their property over a relatively small debt, even if they do not realise that they owe the freeholder money.

Rentcharge owners would instead be required to serve a formal demand and recover arrears through proportionate routes, such as court proceedings.

Our thoughts

This Bill represents one of the most significant shifts in residential property law in decades. By strengthening commonhold, ending most new leasehold flats, and rebalancing enforcement powers, it signals a clear move away from the traditional leasehold model.

If you are a leaseholder, freeholder, developer, or managing agent and want to understand how the proposed reforms could affect you, our property law team can help. Get in touch to discuss your position and prepare for the changes ahead.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Prenuptial Agreements: Why They Matter and How to Get Them Right

Relationship breakdown is rarely tidy. Even where two people want to be reasonable, financial issues can quickly become the hardest part to resolve.

Who brought what into the relationship, what did family members contribute, what happens if one person takes time out of work, or did the couple move into a home owned by one party before the marriage, are all questions which may arise.

For most couples, these are private issues. But the underlying concern is the same – uncertainty about money can turn a difficult time into a prolonged dispute.

A prenuptial agreement (often shortened to “prenup”) is one way to reduce that uncertainty. Despite some common assumptions, a prenup is not about predicting divorce. It is about agreeing, while the relationship is still cordial and intact, how assets and income should be treated if the relationship later ends.

What is a prenup?

A prenup is a written agreement entered into before marriage (or civil partnership) setting out the parties’ intentions as to how finances will be dealt with if the relationship ends. A postnuptial agreement is the same concept, but entered into after the marriage or civil partnership.

In England and Wales, prenups are not automatically legally binding in the way a commercial contract is. The court retains discretion when making financial orders. That said, a properly prepared nuptial agreement can carry substantial weight, particularly following the Supreme Court’s decision in Radmacher v Granatino.

The key point is this: the court will usually give effect to a nuptial agreement that both parties entered into freely, with a full understanding of its implications, unless it would be unfair to do so in the circumstances at the time of separation.

What a prenup is not

A prenup is not a complete rulebook for the relationship. In particular:

It does not remove the court’s discretion on divorce or dissolution. The court must apply the statutory framework, including the section 25 factors (or the civil partnership equivalent).
It cannot be used to sidestep fairness or needs.
It is not the right tool to manage wider family dynamics or disagreements with relatives.
It cannot determine child arrangements. Any arrangements for children will be decided by reference to the child’s welfare.
It cannot usually fix child maintenance. Child maintenance is generally dealt with through the statutory scheme, and a child’s needs will always take priority.

A well-drafted agreement is realistic. It aims to narrow the areas of dispute, not to pretend the court has no role.

When prenups help ordinary couples

Prenups are not only for the ultra-wealthy. They are often used where there is a clear reason to protect something pre-existing, or where the parties want to record intentions while the relationship is amicable.

Protecting a property one person already owns

If one party owns a flat or house before the marriage, the agreement can record the intention that it should remain that party’s non-matrimonial asset so far as fairness allows. It can also deal with predictable changes, such as:

the property becoming the family home
contributions by the other party to mortgage payments
renovations and capital improvements
whether, and how, those contributions should be reflected if the relationship ends

Without this, couples often end up debating years later what was “meant” at the time, with very little paperwork to support either position.

Recording parents’ contributions

Where parents contribute towards a deposit, everyone may be clear at the time whether that money is a gift, a loan, or something in between. A few years later, that clarity can fade. A prenup can help record:

the nature of the contribution (gift or loan)
whether it is intended to remain within the family if the relationship ends
whether there should be any repayment mechanism, and on what trigger

Ring-fencing a business interest

If one party has shares in a company, a partnership interest, or a business that is growing, a prenup can reduce the scope for later disputes about valuation and liquidity. It can also deal with a common practical point – whether a sale is expected to fund settlement, or whether alternative provision is intended.

Protecting expected inheritance

Many couples want it recorded that an inheritance is intended to remain separate. A prenup can say so, while recognising that needs may justify a different approach in some circumstances, particularly housing needs.

Second marriages and blended families

Prenups are especially common where one or both parties have children from a prior relationship and want to protect assets intended for them, while still making reasonable provision for the new spouse.

What makes a prenup more robust

A strong prenup is as much about process as it is about drafting. If the process is weak, the agreement becomes easier to challenge.

Full and frank disclosure

If one party did not understand the other’s financial position, the agreement is far more vulnerable. A sensible approach is a clear schedule of:

assets (property, savings, investments, pensions, business interests)
liabilities (mortgages, loans, credit)
income and likely changes (for example, a planned career break or reduced hours)
any known family support or expected inheritances, where relevant

If you want a practical illustration of how disclosure can become pivotal, see our recent discussion of Helliwell v Entwistle and the risks of non-disclosure.

Independent legal advice

Each party should have their own solicitor. Independent advice supports informed decision-making and reduces later arguments about misunderstanding, imbalance, or pressure.

Sensible timing and no last-minute pressure

There is no single deadline that automatically makes an agreement safe or unsafe. However, leaving matters until the final days before a wedding is a known risk factor. Proper time matters because it helps show the parties had a genuine choice, understood the implications, and were able to take advice without urgency.

Terms that remain fair in context

A prenup is not strengthened by being harsh. Overreaching terms can increase the risk of a court departing from the agreement later. A well-judged agreement usually anticipates predictable changes, for example:

what happens if children are born
what happens if one party stops work or reduces hours
how housing needs will be met if the relationship ends
whether any spousal maintenance is contemplated, and on what basis

Some couples also include a review clause, for example on the birth of a child, after a set number of years, or on a major change in circumstances.

Consent is genuine, not coerced

The court will scrutinise the circumstances in which an agreement was signed, particularly where there is evidence of dependence, vulnerability, or a significant power imbalance. Our article on PN v SA explores how allegations of pressure can undermine confidence in “free agreement”, and why careful process matters.

Proper execution

Execution details matter. The agreement should be carefully drafted, properly signed and witnessed, and supported by a clear paper trail of disclosure and independent advice.

A practical timeline

A workable timetable for many couples is:

Six to nine months before the wedding – initial advice, agree scope, and start gathering documents
Four to five months before – exchange financial disclosure and prepare the first draft
Two to three months before – negotiate and finalise the terms, with both parties taking independent legal advice
At least 28 days before the wedding – sign, once advice is complete and there is no last-minute pressure

Where possible, we recommend signing earlier than 28 days before the wedding to reduce the scope for later argument about timing or pressure. If the wedding is close, it is often better to consider a postnuptial agreement than to rush a prenup that is vulnerable on process.

Common mistakes and how to avoid them

“We do not want to disclose everything”

Limited or vague disclosure can materially weaken an agreement. If the objective is clarity, disclosure is one of the safeguards that makes the document more defensible.

“We will keep it informal”

Informality tends to create ambiguity, which is usually the opposite of what couples want. Nuptial agreements should be carefully drafted, properly executed, and supported by independent legal advice.

“We only need to cover one asset”

Even if one asset is the main concern, the agreement still needs to make sense against the wider financial picture. Otherwise, it can look artificial when fairness is assessed.

“We can sign it the week before”

A rushed prenup is a common source of later dispute. If time is tight, a postnup is often the more sensible route.

Key takeaways

Prenups are used by ordinary couples, not only the wealthy.
In England and Wales, prenups are not automatically binding, but they can carry significant weight if properly prepared.
The strongest agreements are those supported by full disclosure, independent legal advice, sensible timing, and terms that remain fair in context.
If the wedding is imminent, it is often better to explore a postnup than to rush a prenup.

Conclusion

A prenuptial agreement will not remove the court’s discretion, but it can make a real difference to how a financial dispute unfolds. The point is not to predict the end of a relationship – it is to avoid uncertainty, and to record intentions while both parties are thinking clearly. If you are considering a prenup, early advice usually pays for itself, because it gives you time to get the process right.

Contact Lisa’s Law today to see how we can help you arrange a prenup which works for you and your partner.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Are Surrogacy Payments a Form of Capital or Income?

This represents a significant Upper Tribunal decision on the subject of surrogacy payments.

In PQ v Secretary of State for Work and Pensions [2026] UKUT 1 (AAC), the Tribunal was asked to determine if contractual payments made to a surrogate mother for expenses constitute “income” for means-tested benefits, such as income-related Jobseeker’s Allowance (JSA).

The Background

The Appellant, while in receipt of income-related JSA, entered into two surrogacy arrangements with two sets of intended parents. She received payments for expenses amounting to £15,000 and £10,500 respectively. The DWP classified these as income and that as a result there had been a recoverable overpayment of benefit. The appellant is therefore ineligible for the benefit.

The Legal Framework

The Appellant appealed to the Upper Tribunal. The Tribunal considered the definition of income under the Jobseeker’s Allowance Regulations 1996 and the Jobseekers Act 1995, and determined that that payments received for surrogacy should be treated as income when assessing entitlement to JSA.

Furthermore, while acknowledged as “reasonable expenses” under surrogacy law, the Judge found they did not fall under any applicable disregard regulations for calculating income-based JSA.

The Judgement and Recommendation

The Upper Tribunal upheld the First-Tier Tribunal’s decision and dismissed the appeal. This decision confirms that regular surrogacy payments can trigger a reduction or cessation of means-tested benefits.

Notably, the Judge went on with the note below:

…Potential surrogates are entitled to expect greater clarity about the consequences of accepting surrogacy payments when they are on benefit – although I recognise that, depending on individual circumstances, it may be more advantageous for some claimants to have such payments treated as capital while for others the converse may be true. With that in mind, I recommend that the Secretary of State’s officials review the current treatment of surrogacy payments in the benefit system. I emphasise that I am making no suggestion as to whether the present position should be changed, not least as this would raise wider policy issues which are outwith the jurisdiction of the Upper Tribunal…

Hopefully such recommendation would encourage DWP officials to review how these payments are treated within the benefits system, and to minimise negative impact on individuals involved.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Visa-Free Travel to China for UK Citizens Announced

Prime Minister Keir Starmer’s recent visit to Beijing, the first by a British leader in eight years, has delivered several practical agreements that strengthen UK-China economic ties. As a law firm serving a large Chinese client base in the UK, we welcome these steps, which could ease cross-border business and create new opportunities.

China has agreed to allow UK citizens visa-free entry for stays of up to 30 days for business or tourism, simplifying travel that previously required applications, fees, and visits to visa centres. This change, expected soon, will make it easier for UK partners, executives, and advisors to engage directly with operations in China, reducing delays in negotiations, due diligence, and compliance.

Trade

China will also halve import tariffs on UK whisky from 10% to 5%, a move projected to add around £250 million in value for UK exporters over five years. This could encourage more distribution deals and joint ventures involving Chinese firms, where expertise in trade law and intellectual property remains essential.

Investment

AstraZeneca announced a major $15 billion investment in China through 2030, expanding manufacturing in several cities, adding new sites, and growing its workforce beyond 20,000. The focus includes advancing cell therapies for cancer and autoimmune diseases. This signals strong confidence in bilateral partnerships and may spur reciprocal investment flows into the UK, where we regularly advise on foreign direct investment rules, regulatory approvals, and market integration.

Agreements on Crime and More

The visit produced ten further agreements covering areas such as combating organised crime and illegal migration, services cooperation, conformity assessment, exports, technical education, food safety, and health. A joint feasibility study for a trade in services agreement stands out as a step toward more predictable rules for sectors like technology and finance.

Our thoughts

While some critics highlight concerns over security, intellectual property, and human rights, these incremental deals reflect a pragmatic approach to engagement amid global shifts. For our Chinese clients in the UK, the developments point to smoother collaboration, fewer frictions, and a supportive environment for growth.

If these changes affect your business or investment plans, our team is ready to help with immigration, trade compliance, structuring deals, or regulatory guidance. Contact us to discuss how to make the most of this evolving relationship.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Energy Performance Certificate (EPC) Requirements: An Essential Consideration in Lease Transactions

An Energy Performance Certificate (EPC) is a document that provides an assessment of the energy efficiency of a building or property. It is a legal requirement under the Energy Performance of Buildings (England and Wales) Regulations 2012 and must be obtained and maintained by the landlord of the property. This article explains the current rules around EPC requirements, what future changes are being explored, as well as offering practical advice.

By Wai Ling Chin

What are the current rules?

Under current regulations, any property that is let or sold must achieve a minimum EPC rating of E or above, in accordance with the Minimum Energy Efficiency Standards (MEES). This requirement exists to ensure that buildings meet a basic level of energy efficiency, reducing energy costs for occupants and lowering carbon emissions. Properties rated F or G are considered inefficient and, under MEES, cannot legally be let or assigned without improvements.

While the obligation to obtain and maintain an EPC formally rests with the landlord, the practical implications often extend beyond this straightforward legal responsibility, particularly when a lease is sold or assigned.

When an outgoing tenant decides to vacate or assign their lease, the EPC frequently becomes a point of attention. Despite being the landlord’s statutory duty, the outgoing tenant often assumes responsibility for providing the certificate. This arises because most leases contain clauses requiring the tenant to provide “all statutory certificates” to the landlord upon exit. Such wording is intentionally broad and almost invariably encompasses the EPC.

In practice, this can lead to situations where the certificate is requested at short notice. If an EPC is unavailable, has expired, or does not meet the minimum required rating of E, the lease transaction may be delayed while an assessor is engaged, the property is inspected, and a new certificate is obtained. Prospective buyers seek assurance of compliance, landlords require adherence to statutory obligations, and solicitors need the documentation promptly.

Legally, this arrangement is consistent with the lease terms. From the tenant’s perspective, however, it may feel burdensome, akin to performing an unexpected task on behalf of another party. Nevertheless, this process is common, anticipated, and generally more efficient than disputing the responsibility.

Future changes to EPC

A recent announcement by the government confirmed plans to raise the minimum rating of EPC bands from E to C for privately rented homes by 2030. This includes a £15bn commitment to upgrade up to five million homes by 2030 as part of the transition to net zero and reduction in consumer costs. Changes to EPC methodology are also expected, with the the Department for Energy Security and and Net Zero recently launching a consultation on this which will close on 18th March 2026.

Practical advice

If you are selling or assigning a lease, it is prudent to assume that the EPC will be requested and that it must meet the minimum rating of E. Check the status of the certificate early in the process and, if necessary, arrange for its renewal. Taking proactive steps ensures that the transaction proceeds smoothly and avoids unnecessary delays.

Ultimately, careful management of EPC requirements, including compliance with the minimum energy efficiency standard, helps prevent a potentially straightforward lease transaction from being disrupted.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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News and Insights

Context and High Court Orders

Court of Appeal’s Decision

Implications

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The CPR Framework

Legal representatives and corporate employees

The Decision in Henderson & Jones v Tysers

Key Takeaways for In-House Teams

Conclusion

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What this means for our clients

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The facts of the case

Legal framework

Submissions

Our thoughts

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Hong Kong residents to continue to benefit from a five-year pathway to settlement

Who can apply for a BNO Visa?

Why should you choose the BNO visa?

What are the costs involved?

Adults

Children (under 18)

How long can you stay in the UK?

How do I apply for a BNO visa?

Applying from outside the UK

Switching to a BNO visa from inside the UK

Priority service

Our thoughts

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Ground Rent Cap

Modernising Flat Ownership with Commonhold

Phasing Out New Leasehold Flats

Removing Forfeiture as a Remedy

Reform of Estate Rentcharges

Our thoughts

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What is a prenup?

What a prenup is not

When prenups help ordinary couples

Protecting a property one person already owns

Recording parents’ contributions

Ring-fencing a business interest

Protecting expected inheritance

Second marriages and blended families

What makes a prenup more robust

Full and frank disclosure

Independent legal advice

Sensible timing and no last-minute pressure

Terms that remain fair in context

Consent is genuine, not coerced

Proper execution

A practical timeline

Common mistakes and how to avoid them

Key takeaways

Conclusion

Have questions? Get in touch today!

The Background

The Legal Framework

The Judgement and Recommendation

Have questions? Get in touch today!

Trade

Investment

Agreements on Crime and More

Our thoughts

Have questions? Get in touch today!

What are the current rules?

Future changes to EPC

Practical advice

Have questions? Get in touch today!

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