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Staying up to date with commercial law developments is essential for any aspiring solicitor. Here’s a summary of some of the most significant recent updates in the UK and EU commercial law and what they mean in practice.
Table of Contents
🏛️ Commercial Law Update
New “Failure to Prevent Fraud” Offence Comes Into Force

Effective 1 September 2025, the Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduced a new corporate crime: failure to prevent fraud.
This offence applies to large organisations—those meeting at least two of the following criteria:
Over 250 employees
Turnover exceeding £36 million
Assets over £18 million
Under this offence, a company can be held criminally liable if an associated person (such as an employee, agent, subsidiary, or even an outsourced service provider) commits fraud with the intention of benefiting the organisation or its client.
💡 Example: If an employee mis-sells products to boost personal commission and the company profits from increased sales, the company could still be liable.However, companies can defend themselves if they can show they had reasonable procedures in place to prevent fraud.
Aspiring solicitors should note that this reform mirrors the structure of the failure to prevent bribery and failure to prevent tax evasion offences - signalling the UK’s growing focus on corporate accountability.
Practical takeaway:
When advising clients, firms will now need to ensure robust anti-fraud procedures and training are in place. Expect to see this reflected in due diligence checks and internal compliance reviews.
Law Commission’s 14th Programme of Law Reform
Published on 4 September 2025, the Law Commission’s latest reform agenda focuses on modernising commercial law.
Key projects of interest include:
Deeds: Reviewing whether the witnessing and attestation requirements remain fit for purpose in an increasingly digital world—and how smart contracts can facilitate deeds.
Product Liability and Emerging Tech: Updating the Consumer Protection Act 1987 to address risk linked to AI and software, extending liability periods, and revisiting the state-of-the-art defence.
Public Sector Automated Decision-Making: Creating a framework to ensure automated systems used by government bodies are lawful, fair, and transparent.
⚙️ Why this matters:
These projects reflect how technology is reshaping contract law, consumer rights, and liability — key areas for future commercial lawyers.Windsor Framework Review: Implications for Northern Ireland
The independent review of the Windsor Framework (published 4 September 2025) examines how Northern Ireland’s continued alignment with certain EU rules affects trade and society.
Recommendations include improving transparency, supporting affected businesses, and reducing friction for logistics and haulage.
Commercial impact:
Businesses trading between Great Britain and Northern Ireland should closely monitor the UK Government’s response, as regulatory divergence may influence supply chain strategies and trade compliance advice.TRA Imports Launch
On 11 September 2025, the Trade Remedies Authority (TRA) launched a new Imports Dashboard.
It allows users to track goods subject to UK trade remedies—an important tool for businesses and lawyers advising on international trade and customs compliance.
🇬🇧🤝🇮🇳 Call for Evidence: UK-India Free Trade Agreement
The House of Lords Select Committee on International Agreements has opened an inquiry into the UK-India Free Agreement (FTA), seeking views on its benefits and risks. The call for evidence is open until 14 October 2025.
Why aspiring solicitors should care:
Trade agreements like this can reshape market access, intellectual property rights, and cross-border investment — all key areas for commercial lawyers.Lessons from Case Law: Third Party Rights & Jurisdiction Clauses
In Campeau v Gottes Real Asset Fund 1 (OE) Waste SARL, the High Court confirmed that an exclusive jurisdiction clause in a Share Purchase Agreement (SPA) applied to a claim brought by a third party under the Contracts (Rights of Third Parties) Act 1999 (CRTPA).
The Court held that:
“Exclusive jurisdiction to settle any dispute arising out of or in connection with this deed”
was broad enough to include disputes brought by third parties relying on the contract.
Practice point:
When drafting commercial contracts, lawyers must ensure that dispute resolution clauses clearly state whether they apply to third-party rights. This case highlights the importance of precision in contract construction — a vital skill for trainees and junior lawyers.🌿ESG Legal Developments - Key Updates for Aspiring Solicitors
Government Consultation on Modernising Environmental Permitting (England)
Opened: 26 August 2025 | Closes: 21 October 2025
The Department for Environment, Food & Rural Affairs (DEFRA) has launched a consultation aimed at modernising environmental permitting for England’s industry and energy sectors.
The proposed reforms seek to:
Simplify and streamline permitting processes.
Encourage innovation in emerging technologies.
Provide business certainty while maintaining strong environmental and health protections.
These changes target activities regulated under the Environmental Permitting (England and Wales) Regulations 2016, including industrial installations, medium combustion plants, and solvent emission activities.
Why it matters:
For aspiring solicitors, this consultation demonstrates the government’s growing emphasis on regulatory agility and sustainability, key trends shaping environmental and energy law. Businesses affected will need legal support to navigate new compliance frameworks and leverage the opportunities these reforms may bring.
UK Updates Its Greenhouse Gas Removal (GGR) Policies

Published: 27 August 2025
The UK Government has announced updates to its commercial frameworks for Greenhouse Gas Removal (GGR) projects. These initiatives aim to accelerate carbon dioxide removal technologies through grant funding and contractual models, supporting the UK’s net zero ambitions.
Why it matters:
Firms involved in energy, infrastructure, or environmental services will likely explore participation in GGR projects. Solicitors advising such clients will play a pivotal role in structuring contracts, ensuring regulatory compliance, and guiding sustainable investment strategies.
EU Adopts New Rules on Food and Textile Waste
Adopted: 9 November 2025 - European Parliament
The EU has introduced updated legislation to combat waste, addressing the 60 million tonnes of food and 12.6 million tonnes of textile waste generated annually. The directive sets:
Binding reduction for food waste by 2030.
Mandatory, harmonised Extended Producer Responsibility (EPR) schemes for textile producers.
Why it matters:
This move reinforces the EU’s commitment to a circular economy. For future lawyers, understanding these ESG-driven regulations is essential as they increasingly influence supply chain management, producer responsibility, and corporate sustainability strategies across Europe.
In Summary:
These developments reflect the accelerating integration of ESG principles in regulatory and commercial law. For aspiring solicitors, keeping pace with such changes is vital, offering opportunities to advise on compliance, sustainability strategies, and the legal frameworks that will define the future of responsible business.
⚖️Consumer Law - Key Legal Developments for Aspiring Solicitors
Updated CMA Guidance on Consumer Law Compliance
Published: 28 August 2025
The Competition and Markets Authority (CMA) has refreshed its consumer law guidance, including:
How the CMA uses its enforcement powers, outlining what businesses can expect during investigations into consumer law breaches.
Review and Endorsements: Principles for Social Media Platforms, updated to reflect the Digital Markets, Competition and Consumers Act 2024 (DMCC).
The social media guidance sets six key principles—from requiring clear labelling of adverts to removing fake reviews and hidden promotions. Platforms must now take proactive measures to prevent misleading content and maintain transparent advertising practices.
Why it matters:
For aspiring solicitors, this highlights how consumer protection law is adapting to the digital age. Lawyers advising tech companies, influencers, and brands must ensure compliance with the DMCC and CMA’s standards to mitigate reputational and financial risks.
💳 Countdown to Compliance: New Rules for Subscription Contracts
In force: Spring 2026
The DMCC introduces a new regime governing consumer subscription contracts, including auto-renewing and trial-based subscriptions.
Key changes include:
Enhanced pre-contractual information requirements.
Mandatory renewal reminder notices.
Additional cooling-off periods apply when subscriptions transition from free trials to paid plans or renew for 12 months or more.
Easier, straightforward cancellation processes.
Further government guidance is expected in Autumn 2025, clarifying operational challenges such as return processes and digital content cancellations.
Why it matters:
These reforms will impact sectors ranging from streaming and fitness to software and retail. Future lawyers will play a key role in drafting compliant contracts, updating business practices, and advising clients on new consumer rights.
Exemptions for Brand Ads Under ‘Less Healthy Food and Drink’ Rules

Regulation effective: 31 October 2025 | Ad Restrictions begin: 5 January 2026
The new Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 allow brand advertisements to remain out of scope of restrictions—provided they don’t depict or promote specific less healthy products.
The Advertising Standards Authority (ASA) is also consulting on updated guidance (responses due 9 October 2025).
Why it matters:
This development illustrates how regulation aims to strike a balance between public health priorities and commercial freedoms. Solicitors advising clients in retail, FMCG, and advertising will need to interpret these nuanced exemptions carefully to help brands stay compliant while maintaining market visibility.
CAP Code Extended to Online Gambling Communications
Effective: 1 September 2025
The Committee of Advertising Practice (CAP) has extended its Code to include non-paid-for online marketing targeting UK consumers, particularly social media content from licensed gambling operators.
Why it matters:
This change closes a significant regulatory gap in online advertising. Future solicitors working in media, tech, or gambling law will need to help clients navigate complex jurisdictional and compliance requirements in digital marketing.
New Guidance for Baby Food and Drink Manufacturers
Published: 22 August 2025 | Voluntary compliance by: February 2027
The UK Government has issued voluntary guidelines for manufacturers of food and drink aimed at children under 36 months. These include sugar and salt reduction targets and stricter labelling practices, aligning with public health goals.
Why it matters:
The baby food market, forecast to reach $84.2 billion by 2023, faces growing regulatory scrutiny. Lawyers advising food manufacturers and retailers will need to ensure early compliance to reduce legal risk and capture reputational benefits in a competitive market.
Legal Lingo
Compliance
Compliance means adhering to laws, regulations, and ethical standards that govern conduct within a particular industry or sector. It’s about ensuring that businesses act within the legal framework - not just avoiding penalties, but also building trust, transparency, and accountability.
Why “Compliance” Matters for Aspiring Solicitors
The recent updates from the CMA, DEFRA, and Government consultations highlight how rapidly regulations evolve, from consumer protection and advertising standards to environmental and sustainability rules. For solicitors, especially those in commercial or regulatory law, compliance is at the heart of what they do.
Here’s why:
Risk management: Lawyers help clients identify and mitigate legal risks before they escalate into investigations or penalties.
Reputation protection: Advising clients on ethical compliance not only prevents legal breaches but also safeguards brand reputation, especially in areas like advertising, consumer rights, and environmental responsibility.
Strategic guidance: Solicitors don’t just interpret rules; they help businesses adapt their operations and contracts to remain compliant while still achieving commercial goals.
What it shows about you:
When you talk about compliance in applications or interviews, it signals that you:
Understand the intersection of law and business,
Pay attention to detail and accountability, and
Appreciate the importance of ethical practice in commercial law.
AND MORE…
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Disclaimer: This format is inspired by techniques I have learned from my mentor and during my LPC, particularly around decoding commercial case studies. If it resembles anyone else’s structure, that’s purely coincidental — but feel free to reach out if you have any concerns. I’m always happy to have a conversation. 😄
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