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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Insurance & Reinsurance weekly highlights—3 October 2024 In this issue: Coronavirus ( COVID-19) business interruption Ukraine conflict Cases and decisions Types of insurance UK Regulation EU Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Coronavirus ( COVID-19) business interruption Coronavirus ( COVID-19) catastrophe claim ( Unipol Sai Assicurazioni Sp A v Covéa Insurance PLC) — The Italian reinsurer’s bid to overturn Covéa Insurance Plc’s coronavirus business interruption recovery was unsuccessful, with a London appeal court on 30 September 2024 affirming that the pandemic satisfied the policy’s definition of ‘catastrophe’. See News Analysis: Reinsurer loses appeal over £69m coronavirus ( COVID-19) catastrophe claim. Ukraine conflict Aviation claims — A multi-billion-dollar trial pitting the world’s largest aircraft lessors against their insurers, concerning hundreds of planes remaining in Russia, began in London on 2 October 2024, a dispute that could have significant repercussions for the insurance and...
Aer Cap says it held valid Aer Cap’s barrister, Mark Howard KC of Brick Court Chambers, told the court there is “no realistic prospect” of recovering 116 aircraft and 15 separate engines. He said Russian operators have “taken” them and continue to fly its Boeing fleet. The world’s biggest aircraft lessor has aligned with other leasing firms to sue major insurers, including Chubb, Fidelis and the Lloyd’s of London market, over jets and engines trapped in Russia since its 2022 invasion of Ukraine. The conflict and ensuing sanctions led Aer Cap and fellow lessors to terminate leases with 15 Russian airlines, yet, two and a half years later, the aircraft remain in Russia. Howard said Aer Cap brings a “straightforward” claim under its contingent or possessed insurance policies, asserting the aircraft and engines are physically “lost”. He added the real dispute lies between the...
High Court judge Christopher Butcher is poised to decide whether the aircraft stranded in Russia after sanctions followed the invasion of Ukraine in February 2022 should be treated as ‘lost’ or whether, at least in principle, they might ultimately be returned. “ The court’s answer on this issue will provide helpful guidance for other cases where an undamaged asset has been improperly kept and there remains a chance the assets will come back,” said Chris Neilson, a partner at Mishcon de Reya LLP. Aer Cap Holdings NV, the world’s largest commercial aircraft lessor, and others are pursuing recoveries from insurers including AIG and Lloyd’s of London. The owners say they were compelled to cancel their leases and have been left out of pocket while many of their jets remain in Russia and continue to be flown by Russian carriers. The lessors argue they bought valid...
In its High Court defence dated 18 September 2024, Lloyd’s Insurance Company SA said Oceanus Capital SARL knew the war risks policy issued for its underwriters would not respond to any loss or damage while the vessel operated beyond the stated navigation limits. Lloyd’s contended the proximate cause of Oceanus Capital’s loss was its inability to recover under additional war risk cover the ship’s managers claimed to have arranged, which in fact was a forgery. It further maintained that loss arising from forgery was excluded under a separate mortgagee interest insurance taken out by Oceanus Capital to protect the wealth adviser’s interest in a cargo ship pledged as security for a loan facility. Lloyd’s wrote that underwriters are not liable to pay any sums to the mortgagee, and that the mortgagee is not entitled to any relief against...
Court of Appeal Justices Julian Flaux, Guy Newey and Andrew Popplewell Appeal Court judges Julian Flaux, Guy Newey and Andrew Popplewell unanimously affirmed a lower court’s decision that an outbreak of infectious disease amounts to a catastrophe under the policy wording, calling the analysis of the reinsurance policy terms ‘plainly correct’. Unipol Sai Assicurazioni Sp A, or Unipol, had tried to overturn High Court Judge David Foxton’s February 2024 ruling that the pandemic could fit the definition of catastrophe in the business interruption reinsurance policies between Covéa and Unipol, despite the reinsurer arguing that a catastrophe must be sudden, violent, and cause physical damage to a building. Lord Justice Flaux said Judge Foxton had rightly relied on two dictionary definitions of ‘catastrophe’, noting that Unipol’s reinsurance policy with Covéa did not include a definition of the term, and that neither dictionary entry...
AXA XL, Talbot, HDI Global and IQUW, in a defence dated 13 September 2024, denied claims brought by the Irish subsidiaries of Aircastle Ltd, a US commercial jet lessor, asserting there remains a credible chance the aircraft will be returned. From the insurers' standpoint, there has been no loss of, or damage to, the aircraft, they say in their defence. Further, or in the alternative, they contend any relevant loss arose from the claimants' refusal and/or failure to enter into insurance settlements. The lessors stated in June 2023 that they had been unable to recover two Boeing 747 freighters that were on lease to Air Bridge Cargo Airlines LLC when Russia invaded Ukraine in February 2022. They said they had repeatedly asked Air Bridge Cargo to return the aircraft to a location outside Russia, yet have only succeeded in...
Sarah Pritchard, the FCA's executive director for supervision, stated that policy proposals would come after the publication of a report on misconduct cases in both the wholesale banking and insurance markets in the year 2023. The insurance sector, traditionally dominated by men, has faced a series of scandals in recent years amid claims of sexual harassment and bullying. In 2023 the FCA conducted a survey into instances of non-financial misconduct involving wholesale brokers (an intermediary between a retail broker and an insurer), banks and insurers. Pritchard remarked during a live-streamed annual general meeting of the......
On 26 September 2024, the Court of Appeal threw out two joined appeals, each arising from typical PPI misselling disputes where a customer had submitted a written claim and was then offered a smaller amount by the bank. The court decided that Santander Cards’ redress letter to Christine Self made plain that the offer, if taken up, would be a full and final settlement 'of this and any other claims' against the bank. In the separate matter involving Skipton and customer Jason Harrop, the court likewise found there had been a 'consensual offer and acceptance of a lesser sum' that can only be understood as an offer to compromise and settle. Justice Jeremy Stuart- Smith also rejected Self’s assertion that Santander was already obliged, under the Financial Conduct Authority’s ( FCA) dispute resolution complaints procedures, to pay...
ISPVs enable insurers to reduce their exposure to significant events, including natural catastrophes, by passing risk to private investors via catastrophe bonds, or 'cat bonds'. Shoib Khan, the central bank’s Prudential Regulation Authority ( PRA) director for insurance supervision, said the PRA will outline later this year how it plans to shorten approval times for submitted cat bond applications to ten working days, down from the current four to six weeks. Speaking at the Bank of America Securities Annual Financials CEO Conference, Khan added that the PRA intends to consult later this year on creating a new, accelerated pathway for catastrophe bond applications......
The personal injury discount rate was revised upward on 26 September 2024 from -0.75% to +0.5% in Scotland and from -1.5% to +0.5% in Northern Ireland. Often called the Ogden rate, this figure is used to calculate a single lump-sum award intended to meet a claimant’s future expenses, including medical treatment costs, and future lost earnings over the remainder of their life......
In this issue: Ukraine conflict Types of insurance Market practice Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Aviation claims Two carriers maintain they have no liability for US$911m in claims concerning aircraft left in Russia, amid a broader wave of litigation worth £13bn that has reached the courts following the invasion of Ukraine. See News Analysis: Insurers deny liability for US$911m stranded aircraft claims. Types of insurance Cyber The shifting cyber insurance landscape could face a major turning point if more providers pare back standard business IT breach cover to limit exposure to state-backed cyber attacks. See News Analysis: Insurers wrestle with ‘cyberwar’ policy exclusions. Market practice Insurance fraud — nearly one in five claim handlers now believe many fraudulent claims include falsified or altered...
On Tuesday, Marsh Mc Lennan’s Guy Carpenter unit — a worldwide risk adviser and reinsurance expert — noted that the deluges, sparked by intense rainfall, were exceptionally severe. However, enhanced regional flood defences, including superior early-warning networks and anticipatory actions, helped to limit damage when compared with earlier disasters. According to the reinsurance firm, Austria, the Czech Republic and Poland are likely to bear the brunt of insurance claims. Guy Carpenter added that pay-outs are projected at €550m–€650m in Australia, while the Czech Republic could see €600m to €750m in claims overall......
On 19 September 2024, the British Insurance Brokers' Association ( BIBA) noted that larger small-to-medium enterprises typically employ risk managers, making them experienced purchasers of insurance. This intervention followed the FCA opening a consultation on whether its rules 'appropriately balance customer protection and competitiveness' in the commercial insurance sector. That review, in turn, was triggered by the regulator receiving a new secondary objective—second to consumer protection—intended to strengthen the competitiveness of the UK financial sector......
High Court defence Tokio Marine Kiln Syndicates Ltd and MS Amlin Corporate Member Ltd argued, in a High Court defence dated 10 September 2024, that there has been no actual loss of aircraft leased to the Irish entities Aurum Leasing One and Aurum Leasing Two. In their position, the Russian companies holding the leases have continued to operate the jets, and from that vantage point the aircraft and their engines have suffered no loss or damage. On this basis, the insurers maintain there has been no insured event under the relevant policies......
Insurance technology company Sprout.ai In a report released on 18 September 2024, Sprout.ai highlighted findings from a Censuswide poll of 200 UK claims handlers run in July 2024. According to the study, 19% said as much as one quarter of all claims could stem from AI-related fraud, and 65% had noticed a rise in fraudulent activity since 2021. The research also indicated that 93% believed fraudsters are targeting lower-value cases under £2,000, with 47% witnessing AI-generated paperwork submitted for claims between £501 and £1,000. Roi Amir, chief executive......
In this issue: Ukraine conflict Types of insurance Market practice Regulation Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Sanctions The UK government announced sanctions on a group of ten vessels accused of using illicit methods to try to circumvent restrictions on Russian oil, also barring their entry to the country and denying registration with the authorities. Further, see the News Analysis: UK sanctions ten ships in Russia’s shadow fleet. Marine war risks A wealth and investment adviser has sued Lloyd’s of London’s Belgian arm for more than US$3.7m to recoup alleged losses after a cargo vessel was struck by a mine in Ukraine. Further, see the News Analysis: Lloyd’s sued for US$3.7m over cargo ship damaged in Ukraine. Types of insurance Buildings insurance An insurance brokers’ trade association urged the UK government to exempt policyholders in residential flats with combustible cladding from insurance premium tax, in order to avert a surge in the...
The International Underwriting Association ( IUA) In a report dated 16 September 2024, the International Underwriting Association ( IUA) also reported that the London company market’s total premium income rose by roughly 10% overall last year, with city-based firms taking in more than £48.4bn. The same report indicates that aggregate premium income in 2022 surpassed £44bn in total. For the company market—meaning insurers operating in London but not part of Lloyd's of London syndicates—the amount combines almost £43bn written in the capital with over £5.4bn generated in other locations, which is overseen and managed by London operations and is referred to as controlled business......
Software company Hyperexponential said the results clearly indicate that employers in the insurance sector ought to proactively ease staff anxieties about technology-driven change. The year 2023 saw a notably sharp rise in AI spend across insurance, widely heralded as a US$50bn commercial opportunity for the sector. ' Rather than being supplanted, actuaries and underwriters can deliver far greater value by adopting and harnessing AI, enabling them to interrogate highly complex data more quickly, communicate more clearly with stakeholders and create entirely new tools that would have been unthinkable five years ago', said Amrit Santhirasenan, the chief executive of Hyperexponential. The survey polled 245 underwriters in the UK and......
On 11 September 2024, the Association of Consumer Support Organisations stated that the appointment of Labour MP Andy Slaughter, formerly a barrister at Lamb Chambers, to serve as chair of the House of Commons Justice Committee represents, for Parliament, a fresh opportunity to revisit the issue of injuries, which most often arise from car crashes. In the preceding Parliament, the committee, led by Conservative MP Bob Neil, conducted an open inquiry into delays affecting the operation of the Official Injury Claim portal. The online platform was launched in 2021 as a consequence of the Civil Liability Act 2018......
On 12 September 2024, the British Insurance Brokers Association ( BIBA) urged that the insurance premium tax ( IPT) rate be trimmed from 12% to 10% for other policyholders. The call was issued in the run-up to the autumn budget statement, set for 30 October 2024, when the government is anticipated to introduce measures to fill what it claims is a £22bn shortfall in public finances at that time......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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