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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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The survey gathered input from 14 of the 28 insurers listed by the Solicitors Regulation Authority ( SRA) for the 2024 indemnity year. Conducted anonymously via Qualtrics and in partnership with the International Underwriting Association, it found that 38% of respondents foresaw potential difficulties at renewal, although the exact tally was not provided. Browne Jacobson reported that solicitors began considering leaving the PII market after the Court of Appeal’s January 2024 decision in Discovery Land Co LLC and others v Axis Specialty Europe SE. The firm noted that the ruling heightened worries about tightly drawn aggregation of claims under the SRA’s minimum terms and conditions, which influence the limit of indemnity. Ed Anderson, a partner at Browne Jacobson who deals with PII, ......
In a stock market update, the firm, among the biggest writers of cyber insurance, stated it remains on course to deliver a substantial profit this year. Specialists have cautioned that insurers could face broad claims for business interruption alongside those on cyber policies. The disruption stemmed from a flawed Crowd Strike update, a corporate cyber security platform, which stopped roughly 8.5m Microsoft Windows endpoints from starting up as usual at boot across affected fleets and installations of devices......
As Winston Churchill observed at the Lord Mayor’s Luncheon in 1942, this is no finale—nor even the beginning of one—more likely the end of the opening chapter. So it is with the FCA’s Consumer Duty. A torrent of imagery has been offered, yet those delivering change or advancing board reporting gain scant practical direction: boiling frogs boiling kettles, not oceans golden threads the art of the possible The last two years of implementation mark only the first stage of a wholesale mindset shift for firms—and for the FCA—across retail markets. With its outcomes focus, the Duty requires firms to define what ‘good’ looks like for their business and the processes most likely to secure positive results for all customers. Meanwhile, the FCA is starting to close the gaps, setting a cadence of studies and feedback that appears likely to...
Uncertainty remains over whether policyholders can make claims on their cyber-insurance policies after the blackout, which was triggered by a Windows update from IT security firm Crowdstrike Holdings Inc. In a notice on its website, Crowdstrike said the problem affected only Windows computers. The company emphasised this was not a security incident or cyber-attack. It also noted the issue had been identified and isolated, and that a fix had been deployed......
High Court Judge David Foxton stated, in a judgment released on 16 July 2024, that a provision in an Amlin policy issued to Bintan Mining Corporation relieves the insurer of liability because the now-insolvent company failed to satisfy an arbitration award it owed. He found the wording of the 'pay first' clause (under which an insured must discharge sums due to a third party before seeking indemnity from its insurer) to be 'wholly unambiguous'. He rejected submissions that, as a matter of construction, the clause should not operate where a third party attempts to enforce rights under the policy. The case arises from King Trading Ltd’s 2017 charter of the vessel Solomon Trader to Bintan. The mining company obtained cover with Amlin the following year for charterers’ liability risks in relation to the vessel, which later ran aground in the Solomon Islands in 2019....
The Ministry of Justice ( Mo J) reported, in a brief notice issued to the London Stock Exchange on 15 July 2024, that a ruling on the rate might arrive by January 2024. The discount rate, often called the Ogden rate, is a mechanism used to calculate and determine a single upfront lump-sum payment covering expenses such as medical treatment and lost earnings across the remainder of a claimant’s lifetime. Even a slight shift in the rate can leave the insurance sector facing billions of pounds in extra claims liabilities, which subsequently influences directly the premiums charged to policyholders. ' The lord chancellor must conduct......
Insurance & Reinsurance weekly highlights—18 July 2024 In this issue: Coronavirus ( COVID-19) Ukraine conflict Cases and decisions Insurance types Market practice Regulation Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Coronavirus ( COVID-19) Business interruption A consortium of hospitality and farming firms has issued proceedings against National Farmers Union Mutual Insurance Society Ltd, seeking about £10.5m to recover losses they say arose from pandemic closures. See News Analysis: NFU Mutual sued for £10.5m over coronavirus ( COVID-19) business losses. Ukraine conflict Aviation claims In the High Court of Justice of England and Wales on 6 June 2024, in Aercap Ireland Capital Designated Activity Co v PJSC Insurance Co Universal, the defendants’ applications to stay the claims brought against them concerning exclusive jurisdiction clauses were granted. Abigail Healey (partner) and Genevieve Douglas (associate) of Quillon Law LLP consider the claimants’ relied-on grounds and the judge’s reasoning for finding they did not amount to strong...
The FOS, serving as a neutral adjudicator in rows between customers and financial services firms, reported handling slightly more than 47,000 grievances regarding insurance products. These totals place insurance firmly among the most complained-about areas. Car and motorbike insurance topped the list with 16,300 cases, a 38% rise on the prior year’s numbers. In addition, the rate at which these complaints were upheld jumped by 38% in the financial year to March 2024 overall, increasing from 30% across the preceding 12 months. The FOS noted that the most common complaints about insurance related to delays in payouts on claims,......
Thirty-seven companies — among them South Farm Ltd and Micklefield Hall Ltd — assert in a recently unsealed High Court action that NFU Mutual has declined to cover losses said to have arisen when the government closed businesses as the pandemic gripped Britain. In the claim dated 29 May 2024, the claimants maintain they are each due a payout from the insurer for their alleged losses, amounting to roughly £9.5m for business interruption and more than £1m for claims preparation expenses. The pleading states that, in contravention of the policy terms, the defendant has unjustly turned down the claimants’ claims and failed to provide the indemnity owed to them. The claimant cohort — which spans bars, restaurants, hotels, wedding venues and camping sites — contends that each held business interruption cover with NFU Mutual at the time......
Aercap Ireland Capital Designated Activity Company and others v PJSC Insurance Company Universalna and others [2024] EWHC 1365 ( Comm) It is well-established that the English courts will halt proceedings commenced in England contrary to an exclusive jurisdiction clause pointing to a foreign court, unless the claimant demonstrates that there are strong reasons for the claim to continue here. That stance reflects compelling policy considerations favouring the sanctity of forum agreements, including party autonomy, the upholding of bargains and commercial certainty. In this dispute, the court found no such compelling reasons, with Judge Andrew Henshaw deciding that the claims should instead proceed in Ukraine. Having concluded that the exclusive jurisdiction clause was valid and applicable, Judge Henshaw assessed the claimants’ submissions—among them the procedural challenges of trying the case in Ukraine—as no more than foreseeable matters of convenience, which fell short of the strong...
On 10 July 2024, the ABI stated that the deal allows it to partner with Insurtech UK to combine expertise, align perspectives and join forces on event opportunities, ensuring the industry remains firmly at the cutting edge of tech and innovation. Innovation and making the most of leading technologies are truly vital to preserving our sector’s competitive advantage, said Hannah Gurga, the ABI’s director general......
Insurance Europe and the European Insurance CFO Forum warned in a 3 July 2024 position paper that the current limitations give an incomplete view of insurers’ sustainability, putting the industry at a competitive handicap versus others. The EU’s taxonomy rule sets out which activities are sustainable for use in mandatory disclosures by insurers and other companies. It aims to shield investors from misleading claims about sustainability levels. The required reporting is anchored in key performance indicators, or KPIs, designed to reflect sustainability levels in investments and the premiums collected to profitably cover insurance risk. Insurers must disclose how much of their investing and underwriting is taxonomy-eligible, meaning it serves its environmental aims, such as climate change adaptation. However, there are several shortcomings which mean the insurance taxonomy KPIs as currently framed, in their present form and scope, remain...
In this issue: Ukraine conflict Cases and decisions Types of insurance Market practice Regulation EU Solvency II 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: Chubb has rejected liability to a Bermuda-based arm of a US aircraft lessor in a US$219m dispute over a fleet of aircraft engines left in Russia and Ukraine, saying the planes are not lost and its wording excludes war risk. See News Analysis: Chubb claims no liability in US$219m stranded jets dispute Fidelis Underwriting Ltd argued that the lessor and owners of three aircraft trapped in Russia following the invasion of Ukraine cannot recover US$77.2m from the reinsurer, as they are not insured parties under Russian law. See News Analysis: Fidelis says aircraft lessors not covered under Russian law Fidelis Underwriting Ltd also resisted a further demand for a US$23m payout concerning a leased jet stuck in Russia,...
The Motor Insurers Bureau ( MIB) has called on motorists using the M4 corridor to keep valid, suitable insurance in place at all times, warning of the legal penalties for failing to comply. This corridor borders the M4 motorway from London through to South Wales, and the bureau has begun an eight-week awareness push across the area, featuring roadside billboards, washroom posters, fuel pump covers, and digital screens at petrol stations......
Zurich announced a new facility delivering one unified, integrated policy spanning construction, delays, operations, business interruptions, marine cargo and third‑party liability. It further extends to carbon capture, utilisation and storage technologies, creating a comprehensive, end‑to‑end solution for hydrogen production schemes and projects. Zurich fronts the initiative as lead insurer, with Aon appointed as the sole broker. Insurance is pivotal to enabling the net‑zero shift, offering both protection and specialist risk insight and expertise, observed Sierra Signorelli, chief executive of commercial insurance at Zurich Insurance......
The study published 27 June 2024 A report released on 27 June 2024 by risk analysis consortium ORIC International and consultancy Sicsic Advisory Ltd revealed that one in five firms were not testing whether their key business services could withstand disruption from cyberattacks and other events. Despite progress in aligning with regulators’ resilience expectations, many organisations remain ill-prepared for such shocks. The two risk specialists conducted a 12‑month annual benchmarking survey of 35 insurance and investment firms to reach these findings. Martin Jarman, operational resilience lead at Sicsic Advisory, noted that while it may not attract the same spotlight as newer measures such as the Consumer Duty initiative, operational resilience remains firmly on the FCA’s and PRA’s agendas. The FCA and the PRA set out operational resilience requirements in March 2021......
High Court defence On 7 June 2024, the insurer contended in a High Court defence that it is not responsible for paying any portion of the amount sought by Rise Aviation 1 ( Ireland) Ltd to compensate for the aircraft the Shannon-based company says is marooned in Russia after the invasion of Ukraine. In the recently issued defence, Fidelis stated that Rise Aviation, together with Deutsche Bank Trust Co. Americas acting as security trustee, are not insuring parties under Russian law. They are, instead, beneficiaries, the defence asserted, which means they have no right to seek an indemnity... The insurer further argued that no occurrence capable of triggering a payout has taken place. This, Fidelis said, is because the aircraft being held by the lessee, regional Russian airline Alrosa, does not amount to an insured risk. As the defence puts it, there has been no...
In its High Court defence, Chubb European Group SE maintained it has no duty to contribute towards losses sought by WWTAI Air Op Co II DAC in respect of nine aircraft and 14 engines kept following Moscow’s invasion of Ukraine under the policy in question. It further contended that the planes and engines have not, in fact, been lost, and any circumstances that might prompt an indemnity arise from perils beyond the scope of the subscribed cover. The German insurer stated in its 7 June 2024 defence that it 'has not paid any sum to the claimants' regarding the purported loss of the planes and engines. ' That is because Chubb is not liable to do so', the defence states......
In this issue: Ukraine conflict Cases and decisions Market practice 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 Aviation claims Chubb rebutted assertions that it is liable to several Irish lessors for two aircraft, insured for more than US$180m and marooned in Russia, arguing the airframes are not physically lost and any indemnity would be precluded by the reinsurance policy’s war-risk exclusion. See News Analysis: Chubb invokes war exclusion in US$180m Russian aircraft suit. Cases and decisions Insurance Act 2015 ( MOK Petro Energy FZC v Argo ( No.604) Ltd and others) The Commercial Court refused the claimant company’s bid to revise its pleadings in its contractual dispute. The claimant had originally contended that, as the parties had opted out of section 10 of the...
Broadstone, in its latest insurance risk monitor, cautioned that intensifying geopolitical strains — notably the Israel– Gaza and Russia– Ukraine wars — could dampen economic activity, drive up inflation and heighten market volatility. It called on insurers to gauge the probability and potential costs of any further geopolitical deterioration through structured scenario analysis. Bharat Raj, head of London markets at Broadstone’s insurance, regulatory and risk division, underscored that today’s unsettled geopolitical setting is a major global worry, highlighting the long-running conflicts in Ukraine and the Middle East......
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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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