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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Tokio Marine Kiln Insurance Ltd and MS Amlin Corporate Member Ltd argued that there was no loss of the aircraft under the war risks reinsurance policies Five newly disclosed defences lodged at the High Court on 7 August 2024 state that no loss of the aircraft occurred under the war risks reinsurance. The insurers maintained that, from the standpoint of the Russian companies leasing the jets, there had been no loss or damage to the aircraft and engines. On that basis, they said no insured event had arisen, as the cover stipulates that both the policyholder and the policy beneficiary must suffer a loss. The defences, filed for the underwriting members of the insurers’ syndicates, answer four claims concerning aircraft left in Russia after the invasion of Ukraine. Irish lessor Carlyle Aviation Management Ltd has brought proceedings against multiple insurers for US$88.5m to recover the value of one...
UK insurance M& A on track for 150 deals in 2024 Marsh Berry reports that 85 merger and acquisition deals completed in the sector in the year to 31 July 2024, down from 93 over the same window in 2023. In 2023, overall activity involving UK insurance brokers and managing general agents totalled 151 transactions, a record, driven by heightened interest from investors in America, leaving UK insurance M& A on pace for 150 deals in 2024......
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 This week: Two insurers, acting separately, rejected responsibility for US$325m in losses pursued by a consortium of aircraft lessors after jets were left on the ground in Russia following its invasion of Ukraine. See News Analysis: Chubb, Fidelis deny liability for planes stranded in Russia A group of reinsurers declined to pay out in a US$44m dispute over the alleged loss of an aircraft leased to a Russian airline, asserting the plane is not lost and would not fall within the scope of the policy. See News Analysis: Plane stuck in Russia 'not lost', reinsurers argue Fidelis...
Fidelis defence at the High Court In its defence before the High Court, Fidelis argues that JSC Ural Airlines’ refusal to return aircraft to the operator, WWTAI Air Op Co II DAC, does not fall within an insured risk under the insurance contracts. If the aircraft were lost (a proposition Fidelis contests), the cause, it says, was JSC’s choice to retain them “for its own commercial purposes” and its “conduct pursuant to that decision”. The defence was filed on 25 July 2024 and has since been made public. WWTAI Air Op Co brought proceedings against multiple insurers in 2023, seeking a payout for planes left on the ground after Moscow’s invasion of Ukraine. The company states that the three commercial aircraft it leased to JSC at the time of Russia’s attack have been re-registered in the country and that it has not received...
Jonathan Reynolds, Secretary of State for Business and Trade Jonathan Reynolds, the Secretary of State for Business and Trade, urged the insurance industry to help small business owners to ‘get back on their feet’ after the turmoil. Over a week of disorder, premises were ransacked or compelled to shut and vehicles set alight as rioters confronted police in several cities across the UK. The unrest, fuelled by misinformation online, followed the fatal stabbing of three children and injuries to ten more at a dance class in Southport, North West England. Addressing the Association of British Insurers ( ABI), Reynolds said high street retailers may have faced thousands of pounds in damage to property and stock due to the violence. He added, in a letter to the association, that many have already lodged insurance claims for their losses......
MS Amlin Marine NV (on behalf of MS Amlin Syndicate AML/2001) v King Trader Ltd and other companies [2024] EWHC 1813 ( Comm) What are the practical implications of this case? The decision confirms the enforceability of pay first clauses in marine insurance, and so matters to everyone active in this field and in practice across the sector. That covers not only commercial practitioners and arbitrators, but also insurers, charterers, parties entering into marine insurance contracts and those who draft such agreements. Its impact is broader for commercial practitioners advising, drafting or conducting litigation, because the defendants’ submissions required the court to consider how to approach and interpret contractual provisions that may conflict. The judge addressed three bases for the defendants’ further arguments, namely: instances of inconsistency or repugnancy between a term expressly negotiated and a term drawn from an...
The Association of British Insurers ( ABI) reported a 5% uplift in payouts for fire and flood claims affecting firms and householders, up from £1.3bn during the year’s opening quarter. The trade body noted that, even with home insurance premiums climbing, this segment of the market was turning ever more loss-making......
Convex Insurance UK Ltd Convex Insurance UK Ltd, alongside 13 fellow reinsurers, argued in a High Court defence dated 26 July 2024 that they have no duty to indemnify Carlyle Aviation Management Ltd and the leasing entity Sasof III ( A3) Aviation Ireland DAC, on the basis that the aircraft stranded in Russia is not a loss... According to the pleading, the plane is not lost and the claimants have not been irretrievably deprived of it during either the insurance period or the reinsurance period; consequently, there is no valid claim under the insurance contract... Carlyle and its co-claimants—including UMB Bank NA, the lender involved in funding the acquisition and running of the aircraft—brought proceedings against a group of 26 insurers in February 2024 to recover sums for the Airbus A330-200 placed on lease with Russian airline I- Fly. The aircraft...
Aon expressed a wish for clearer disclosure to customers about how far insurers of UK pension schemes rely on what are known as so-called funded reinsurance structures in the future. The Prudential Regulation Authority ( PRA) has flagged worries about the growing deployment of these risk-sharing mechanisms, which typically include counterparties based outside the UK, as insurers scramble to meet unprecedented appetite for bulk annuity transactions. The regulator stated that, by no later than 21 October 2024, life insurers must produce comprehensive, detailed risk management plans covering the use of funded reinsurance and disclose any such major deals to the supervisor......
On 7 August 2024, the insurer—listed on the London Stock Exchange yet domiciled in Bermuda—confirmed the loss would be borne by both its Lloyd’s of London syndicate and its reinsurance arm within the group. The MV Dali container vessel struck the Francis Scott Key Bridge soon after its departure from the Port of Baltimore on 26 March 2024, bringing down part of the structure and leading to fatalities. Specialists now forecast it will count among the priciest marine insurance catastrophes for the market overall......
On 26 July 2024, Chubb European Group SE told the High Court in its defence that it has no obligation to compensate a cohort of lessors, including Voyager Aviation Holdings LLC, asserting that the aircraft have not been lost in any relevant sense Fidelis Underwriting Ltd, in a defence filed the same day, maintained that the six leasing companies—together with Wells Fargo Trust Company acting as security trustee—are not insured parties under Russian law and therefore have no entitlement to an indemnity. It contended that, under Russian law governing the insurance contracts, the claimants are not insuring parties but merely beneficiaries or recipients of payment, and thus have no right to or claim for an indemnity in respect of the losses they say they have suffered US-based Voyager Aviation and five Irish-registered companies alleged last August that a group of their insurers had failed to pay out for the...
Insurance & Reinsurance weekly highlights—8 August 2024 In this issue: Cases and decisions Types of insurance Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Cases and decisions Insurer loses application to axe 'time barred' housing association claim ( Peabody Trust v National House Building Council) A London judge rejected an insurer’s bid to strike out a housing association’s lawsuit over the insurer’s alleged refusal to meet additional costs after a building contractor went insolvent, holding that the proceedings were not statute‑barred. See News Analysis: Insurer loses application to axe 'time barred' housing association claim. Insurance rulings show court hesitancy to fix policy errors It is widely recognised that policy wordings are often poorly put together. Defined terms are used inconsistently, and insuring clauses overlap or conflict, leaving...
Andrew Mitchell KC, acting as a deputy High Court judge, has turned down National House Building Council’s bid for summary judgment aimed at knocking out Peabody Trust’s £910,000 claim. He ruled the insurer had mischaracterised when the cause of action accrued, rejecting its contention that it began when Peabody’s contractor, Vantage Design & Build Ltd, entered administration. In his ruling, Judge Mitchell concluded that time did not start to run on Vantage’s insolvency on 29 June 2016, but instead from the point—still to be fixed at trial—when Peabody was obliged to spend additional sums to finish the units because of that insolvency. Peabody commenced proceedings against its insurer in 2023. The association says NHBC declined to meet the costs of replacing the building contractor on its home-building project, notwithstanding that their policy included contractor insolvency cover for the expense of switching to a new...
However, the Association of British Insurers ( ABI) noted that prices remain 21% above the second quarter of 2023, when the average was £511, despite premiums dropping in the equivalent spell in 2024. After what has been a testing time for both insurers and policyholders, we are heartened to witness a slowing in the pace of motor cover increases as recent claims expenses begin to stabilise, said Mervyn Skeet, the trade body’s director of general insurance policy. While that is overall positive, our efforts must continue to concentrate on claims costs, in the interests of consumers......
What, then, happens when an insurance policyholder’s entitlement to cover hinges on an asserted drafting slip in the policy text, such that the document fails to capture the parties’ true or objective intention? This piece considers two Court of Appeal of England and Wales authorities— Project Angel Bidco Ltd ( In Administration) v Axis Managing Agency Ltd and Bellini ( N/ E) Ltd v Brit UW Ltd—delivered in May and April 2024, respectively—which clarify and shed light on the court’s stance when faced with that problem and comparable scenarios arising in practice. Those rulings make plain that the court is disinclined to correct supposed errors by interpretation unless there is a plainly obvious mistake with an equally obvious cure, readily apparent on the face of the wording. Before turning to the recent Court of Appeal judgments, it is helpful to revisit the High Court of...
The German reinsurance firm stated on 31 July 2024 that severe thunderstorms, floods and wildfires made up 76% of insured losses in the first six months of 2024. The group linked the higher insured losses directly to these perils becoming more frequent and more intense over time. “ Weather-driven natural catastrophes, notably in North America, once again dominate the loss figures for the first half of the year,” said Thomas Blunck, a member of the group’s management board. “ There has also been flooding in places where it is exceptionally uncommon, including Dubai.” Blunck said it is highly likely that climate change is helping to drive this pattern. “ Climate change brings evolving exposures that everyone — society, business and the insurance market alike — must adapt to, in order to curb the escalating losses from weather-related events,” he added......
Allianz reported it reviewed 32,000 sector claims from the past five years and concluded that accidents accounted for 63% of all aviation insurance filings. This covers outright crashes and collisions, plus incidents linked to adverse weather and technical faults. Airlines are contending with rising expenses and a lack of seasoned mechanics. According to the insurer’s study, aviation insurance premiums will reach a 20-year peak in 2024, with total costs to operators exceeding US$8bn overall, per its report. “ Runway excursions are on an upward trend in 2024 compared with 2023, with at least 23 logged globally between January and May 2024,” said Cristina Schoen, global head of aviation claims at Allianz Commercial......
In this issue: Ukraine conflict Cases and decisions Types of insurance Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Sanctions A marine underwriter cautioned that sanctions levelled at the Kremlin following its invasion of Ukraine could prevent it from honouring claims for collisions involving ships insured by Russian competitor IPJSC Ingosstrakh. See News Analysis: UK insurer warns over collisions with Russian ‘ Shadow Fleet’. Cases and decisions Shipping ( MOK Petro Energy FZC v Argo ( No.604) Ltd and other companies) The Commercial Court dismissed the cargo owner’s claim against the defendant cargo insurers, finding the claimant failed to prove the cargo of unleaded petrol was contaminated with water after loading, and therefore no entitlement arose to recover the difference between the cargo’s sound value and its actual...
On 25 July 2024, the City of London Police announced that Wahidullah Usmani profited by £17,600 in total while posing as an insurance broker, touting motor insurance cover quotes with reductions of up to 60% yet supplying policies 'worth less than the paper they were printed on'. Usmani, from north-west London, admitted at Inner London Crown Court on 6 June 2024 to fraud by false representation, conducting a regulated activity without authorisation, and money laundering. The 22-year-old received a 24-month prison term, suspended for 24 months, at the very same court on 24 July 2024. He was further handed a compulsory 15-day rehabilitation activity requirement and ordered to contribute £1,000 towards costs. Detective Sergeant Phil Corcoran, of the City Police insurance fraud enforcement unit, stated that Usmani also lured targets by offering......
Regulatory lawyers say a first test will come at the end of July 2024 By late July 2024, an initial proving point arrives: it is the deadline for financial firms to disclose any shortcomings in their first annual board report mandated by the Consumer Duty, brought in by the FCA in 2023 under the previous government. Specialists note the regulator’s sweeping definition of “vulnerable customers” has left companies grappling for practical terminology to demonstrate adherence to this element of the Duty, which obliges them to deliver good outcomes for consumers. Commentators also predict that, if submissions at the cut-off reveal high levels of failure and the FCA does not respond decisively, the new government will move to set firmer boundaries. Labour is prioritising financial inclusion and has indicated a more interventionist stance, including proposals for a Regulatory Innovation Office to strengthen...
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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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