Featured documents
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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Most recent News
Broadstone said that most cyber-insurance offered protection only against losses arising from 'malicious' causes, whereas the outage caused by Crowd Strike was the result of an accident. A mishandled update to the corporate cyber security system meant about 8.5 million Microsoft Windows devices could not start up normally. The 19 July 2024 outage disrupted air travel, financial institutions and thousands of businesses. Medical teams were obliged to turn patients away from doctors’ surgeries......
The 335-year-old body said it aims to set out much clearer and more explicit guidance on the kinds of conduct or behaviour Lloyd’s deems unacceptable. Through a consultation open until 16 December 2024, Lloyd’s acknowledged that its parameters for non-financial misconduct have, to date, lacked precision and clarity. It confirmed the definition covers harassment, bullying, discrimination and misuse of authority, as well as carrying out Lloyd’s business while under the influence of alcohol when this results in clearly unprofessional behaviour......
Consumer group Which? urged the Financial Conduct Authority ( FCA) to gather detailed data on the expense to businesses of offering premium finance, and on the disparity in profits between customers who pay by monthly instalments and those who settle their premiums annually. The FCA has recognised this practice as a 'tax on the poor'. Such premium finance arrangements are typically used by people who are unable to meet annual premiums in a single lump-sum payment alone......
Officials describe the ships hit by sanctions as 'high-volume offenders', the government notes indeed. Together, just three of the vessels have transported oil worth more than US$5bn since Russia invaded Ukraine in 2022. The move also follows concerns from insurers that far-reaching Western sanctions have spawned a 'shadow fleet' of tankers moving Russian oil. Under UK measures, the ships are barred from entering British harbours and from receiving approval to register with the government, the Foreign Office says. The government stated that Russia’s oil exports are Putin’s most crucial source of income to finance the war in Ukraine and account for roughly a quarter of the......
Oceanus Capital SARL contended, in a High Court claim dated 16 August 2024, that Lloyd’s Insurance Company SA is in breach of an insurance policy intended to safeguard its interest in a cargo vessel pledged as security for a loan facility. The Luxembourg-based company seeks indemnity for losses it says arose from the mine strike, including the unpaid balance of the loan and expenses said to have been incurred after the ship was struck. The claim asserts that Oceanus, as mortgagee, has lost its interest by reason of an insured peril, and alleges the defendant has wrongfully failed to pay under the mortgagee’s interest policy. Oceanus Capital said that in 2022 it advanced a US$3m loan to Lyra Mare Ltd, owner of a cargo ship managed by Nava Shipping Ltd. The lending was allegedly secured by a...
In this issue: Coronavirus ( COVID-19) Ukraine conflict Reinsurance 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—‘at the premises’ test case On 6 September 2024, an English appellate court sided with London’s Ex Ce L exhibition centre and other policyholders, holding that nationwide lockdowns across the UK during the coronavirus pandemic engaged 'at the premises' wording in their policies—a test case expected to strengthen thousands of further claims. See: Ex Ce L wins landmark £16m coronavirus ( COVID-19) business interruption insurance test case and [2024] EWCA Civ 1026. Ukraine conflict Reinsurance moratorium On 8 September 2024, both Aon Plc and Marsh Mc Lennan publicly urged the reinsurance market to end its moratorium on Ukraine-related risks, arguing that broad exclusions were hampering the war‑torn...
The two biggest insurance brokers globally say certain areas of Ukraine remain untouched by the conflict with Russia and present comparatively low risk for the industry. Their rare joint declaration follows recent months in which both firms rolled out programmes to obtain extra insurance capacity for policyholders based in Ukraine. The companies added that many international reinsurers have bundled risks from Ukraine, Russia and Belarus, carving them out of reinsurance agreements, constraining (re)insurance capital and hindering stability and growth......
The International Underwriting Association The International Underwriting Association reported that treaty reinsurance — where an insurer passes risks to a reinsurer — reached £10.9bn in value in 2023, rising markedly from £8.2bn recorded in 2022. That overall sum is three times the £3.2bn of treaty arrangements concluded in 2010 across the London company market landscape. This term applies to insurers operating in the City that are not Lloyd's of London syndicates. ' Strong growth has been a dominant feature of recent editions of the London company market statistics report, and the theme continues this year', said Scott Farley, the trade body's director of communications......
The Court of Appeal concluded that the nationwide lockdown introduced to control the spread of the virus activated a specific clause in insurance wordings that would typically pay only when there was an outbreak of disease at the insured premises. The test litigation combined six claims, heard together by the appeal judges, involving 13 insurers and 14 business policyholders. The ruling is expected to bear on thousands of other businesses not party to the proceedings but holding business interruption policies with 'at the premises' wording. The largest strand is a £16m demand by the London International Exhibition Centre ( Ex Ce L London) for losses tied to the national shutdown. Insurers contended the wordings were crafted to indemnify only where a closure stemmed from an outbreak of a notifiable disease at the site. They maintained that cover was intended solely for closures linked to...
In this issue: Types of insurance Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Types of insurance Property insurance Britain's state-backed flood reinsurance scheme has warned that opaque and uneven planning around flood mitigation is eroding the market's ability to insure newly built properties against flood risk. See News Analysis: Government flood plan shortcomings risk cover, scheme warns. Trade credit insurance Financier Lex Greensill and steel tycoon Sanjeev Gupta dispute claims that they conspired to mislead Zurich underwriters with allegedly fabricated debts, in a $400 million trade credit insurance dispute in London. See News Analysis: Greensill, Gupta deny conspiracy in Zurich insurance dispute. Regulation ESG The European Commission has released a report with recommendations to shrink the insurance protection gap driven by climate change, prioritising adaptation measures. The report concludes the Climate...
Flood Re Flood Re, the state-supported reinsurance initiative enabling insurers to supply reasonably priced home insurance policies to policyholders residing in areas at a high risk of flooding, said a study it asked the Town and Country Planning Association ( TCPA) to carry out uncovered weaknesses in the planning regime in place for delivering flood-resilient new homes across Britain. The evidence informing planning choices on flood risk is frequently out of date and hard to obtain for many, among several other problems which, Flood Re said, are eroding the insurance industry's confidence in the planning framework and its capacity to offer flood cover. Dermot Kehoe, Flood Re's director of communications and transition, said it is 'vital' that new properties constructed in England are not exposed to flooding at all. ' Householders want to feel safe in their home and be assured that it will be......
Greensill and Gupta have each dismissed Zurich Insurance Co Ltd's assertion that they took part in a 'fraudulent scheme' which, the insurer says, would let it avoid insurance claims brought by administrators of Greensill's collapsed German banking arm, according to High Court papers they have lodged. Greensill submitted his defence to Zurich's defence and counterclaim on 30 July 2024, with Gupta filing on 2 August 2024. Both men deny involvement in any alleged plot to mislead Zurich, responding to the insurer's 26 January 2024 defence and counterclaim in proceedings arising from the 2021 collapse of Greensill Capital ( UK) Ltd. Greensill maintains he 'was not party to the alleged or any fraudulent scheme', and was 'not part of the alleged or any conspiracy'. Gupta likewise argues 'there was no such conspiracy' and that he 'did not engage in any unlawful means as...
Although many firms have largely concentrated on rolling out the Consumer Duty so far, the real work of adherence is only just getting under way. The Financial Conduct Authority ( FCA) has consistently emphasised that meeting the duty is not a one-off, tick-box exercise. It is intended to embed a lasting shift in corporate culture, placing customers at the centre of operations and striving to deliver good outcomes that matter as much to the firm as profitability. Firms must now plan for the continuous activity required to stay compliant with the duty and to keep meeting the regulator's expectations. Continued implementation Although the deadline has passed, businesses should remain focused on finishing any residual implementation tasks, and treat this as a leading priority. Closed books bring particular complications that may not have arisen when applying the duty to new or currently open products and...
Insurance & Reinsurance weekly highlights—29 August 2024 In this issue: Ukraine conflict Reinsurance 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 Fidelis maintained it was not responsible for settling claims exceeding US$238m linked to aircraft marooned in Russia, asserting that the lessors had not been permanently dispossessed of the planes under the terms of the policies. See News Analysis: Fidelis denies liability for US$238m over stranded planes. Reinsurance Insurance-linked securities The UK terrorism reinsurer confirmed that it has appointed Aon Securities Ltd and Howden Capital Markets as advisers for insurance-linked securities transactions. See News Analysis: UK terrorism reinsurer appoints Howden, Aon as advisers. Regulation Consumer protection The Financial Conduct Authority ( FCA) said it will commence a market study into the sale of pure protection insurance in response to concerns that competition is not functioning effectively. The review is due to begin later in 2024/25. It will...
Pool Re Pool Re, the body that offers a safety net to insurers for terrorism-related claims, said on 22 August 2024 that the contract was awarded following a competitive tender. Insurance-linked securities commonly take the shape of catastrophe bonds—debt instruments that act as an alternative to conventional reinsurance, transferring risk to private investors. These bonds can mitigate part of the exposure associated with a major catastrophe, helping insurers manage potential extreme losses......
Fidelis Underwriting Ltd defences Fidelis Underwriting Ltd maintains there has been no “loss” of the aircraft under its policy terms and that no insured risk has materialised, according to three High Court defences filed in August and now public. On a proper construction, the policies do not insure a physical loss suffered by the lessors as opposed to the Russian airline that retained the contract, the filings state. Even if that point were accepted, Fidelis says establishing loss requires “irretrievable deprivation”, and that “deprivation coupled with mere uncertainty or unlikelihood of recovery is not sufficient”. The defences respond to three claims concerning aircraft stranded in Russia after the invasion of Ukraine. Carlyle Aviation Management Ltd, together with Irish lessor Sasof III ( C) Aviation Ireland DAC, have issued proceedings against their insurers for US$15m in relation to an aircraft left in Russia. The...
According to the City of London Police, Joel Mtebe, 37, from Chorley in north-west England, received a 20-month prison sentence at Liverpool Crown Court on 20 August 2024 and was ordered to pay a £140 victim surcharge. He was also found to have lodged 15 fraudulent claims on insurance policies underwritten by RSA after arranging six policies with fabricated identities. The fraudster pleaded guilty at Preston Magistrates' Court in April 2024 to eight counts of fraud by false representation. Officers said Mtebe devised a series of stories, which ranged......
Marsh stated the policy shields businesses from income loss arising from third-party incidents, including a ship sinking in a channel, a waterway being shut due to a vessel collision, or a natural disaster. The broker noted it is the first offering of its type and is supported by a panel of Lloyd’s of London insurers. The intermediary developed the policy following the MV Dali container vessel striking the Francis Scott Key Bridge on 26 March 2024. Six people died when a section of the bridge gave way, and maritime traffic to the Port of Baltimore was consequently severely interrupted......
Banks, insurers and other financial services providers face a tight deadline, with the FCA seeking feedback on proposals to simplify its rulebook by 31 October 2024. Lawyers caution that a pivot to consumer outcomes as the basis for oversight could inject intolerable ambiguity into supervision—pushing firms, senior leaders and whole teams to consider relocating. The FCA’s Consumer Duty, introduced in 2023, is setting the pace for this shift. Polly James, a partner at Bryan Cave Leighton Paisner LLP, warned that moving to an outcomes-focused regime under the Consumer Duty—while stripping away the detailed conduct rules that came before—would harm firms, prove off-putting, and heighten the risk of an exodus of companies and senior managers This outcomes-based model represents a reorientation by the FCA from prescriptive rules to delivering good results for customers of financial services firms—likely demanding greater judgment calls by regulated...
In this issue: Ukraine conflict Types of insurance Regulation Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Aviation claims Two insurers maintain they are not obliged to settle claims exceeding US$790m for aircraft stranded in Russia, asserting the planes have not been “lost” to their lessors under the policy terms. See News Analysis: Insurers deny liability over US$790m stranded aircraft claims. Types of insurance Marine insurance Broker Marsh has unveiled a US$50m product to protect against losses from port blockages, following disruption triggered by the Francis Scott Key Bridge collapse in Baltimore. See News Analysis: Marsh launches US$50m insurance after Baltimore bridge crash. Warranty and indemnity M& A involving UK insurance agencies is on course to reach 150 transactions in 2024, despite a softer first half, according to a consultancy. See News Analysis: UK...
Popular documents
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 ]...
Discover more from LexisNexis
