The Competition and Markets Subsidy Unit has, on 24 September 2026, accepted a request for a Report, to be completed by 4 November 2026, providing advice to the Office for Zero Emission Vehicles concerning its proposed strategic charging infrastructure scheme.
SUBSIDY CONTROL
July 20th, 2026 by James Goudie KC in Capital Finance and CompaniesTHOMAS v DURHAM COUNTY COUNCIL (2026) CAT 47 holds that under Section 70(1) of the SUBSIDY CONTROL ACT 2022 an APPLICATION FOR REVIEW OF A SUBSIDY DECISION might be made only once the authority had taken a FORMAL FINAL DECISION to give a subsidy ( or to provide assistance which the applicant considered to be a subsidy, even if the authority disputed that characterisation). Section 70(1) did NOT grant the Tribunal jurisdiction to review any earlier decision in the decision-making process , such as a provisional or “ in principle “ decision.
COMPANY DIRECTORS
July 14th, 2026 by James Goudie KC in Capital Finance and CompaniesAn individual Director does NOT have carte blanche to seek to implement a dissenting view by any means he thinks necessary, however covert or disloyal. So rules the Supreme Court in SAXON WOODS INVESTMENTS LTD v COSTA ( 2026 ) UKSC 21.
SUBSIDY CONTROL
June 30th, 2026 by James Goudie KC in Capital Finance and CompaniesWEIS v GREATER MANCHESTER COMBINED AUTHORITY ( 2026 ) EWCA Civ 825 concerns a challenge under the SUBSIDY CONTROL ACT 2022 to £120 million of loans given by the Authority It is held that there was no “ subsidy decision “ within the meaning of the Act.
SUBSIDY CONTROL REPORT
June 26th, 2026 by James Goudie KC in Capital Finance and CompaniesA SUBSIDY ADVICE UNIT REPORT under Section 65 of the Subsidy Contro; Act 2022 published on 25 June 2026 following its first PERIODIC REVIEW reports on the effectiveness of the UK’s subsidy control regime and the impact on competition and investment in the UK.
CAPITAL FINANCE and COMPANIES
June 24th, 2026 by James Goudie KC in Capital Finance and CompaniesZenobe Ltd v GEMA ( 2026) CAT 53 addresses the question whether or not there is a challengeable “ subsidy decision “ for the purposes of Section 70 of the Subsidy Control Act 2022, when there is a step in the development of a Scheme, but not the making of the Scheme itself.
DIRECTORS
March 23rd, 2026 by James Goudie KC in Capital Finance and Companies
Proof that a director’s CONDUCT was, in some non-trivial degree, responsible for the causes of a company becoming insolvent, is NOT a jurisdictional pre-condition to the making of a DISQUALIFICATION ORDER under Section 6 of the Directors Disqualification Act 1986. So held in SoS for Business & Trade v Greensill (2026) EWHC 639 (Ch).
INFLUENCE or CONTROL
March 6th, 2026 by James Goudie KC in Capital Finance and CompaniesDBT statutory Guidance, published on 6 March 2026, details how “ significant influence or control “ should be interpreted in relation to (1) companies and (2) LLPs.
SUBSIDY CONTROL
March 4th, 2026 by James Goudie KC in Capital Finance and CompaniesA subsidy control challenge failed, including on the basis of DELAY, in NEW LOTTERY CO LTD v GAMBLING COMMISSION ( 2026 ) CAT 14. THE CAT held that there was NO SUBSIDY, because the COMMERCIAL MARKET OPERATOR ( CMO ) PRINCIPLE , developed in the State Aid era applied, referring at paras 67-92, to case law on the CMO Principle, including the Sky Blue Sports cases in the Court of Appeal and CJEU cases. There was consistency with normal market conditions. Bacon J gives guidance on how the CMO Principle applies in cases where a public authority is pursuing both public policy and commercial objectives, and where there is no actual market comparator.
SUBSIDY CONTROL
February 17th, 2026 by James Goudie KC in Capital Finance and CompaniesStreamlined routes may be made under Section 10 of the Subsidy Control Act 2022. They enable public authorities to award subsidies without the requirements to assess them against the Subsidy Control Principles and notify the Subsidy Advice Unit. There are currently streamlined routes for Research, Development and Innovation, Energy Usage, and Local Growth. The Department for Business and Trade has now published GUIDANCE on two new streamlined routes ARTS and CULTURE, and COMMUNITY and REGENERATION.