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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Fidelis, in a High Court defence, argued that Rise Aviation 1 ( Ireland) Ltd, EOS Aviation 7 ( Ireland) Ltd and Wilmington Trust SP Services ( Dublin) Ltd have no cover under the relevant policies and that it is not obliged to pay for the grounded aircraft. The defence, filed on 7 June 2024, states that Russian law, which governs the policies, means the claimants are not insured parties but only beneficiaries or payees, and thus have no entitlement to, or claim for, an indemnity for the losses they say they incurred. Rise, EOS and Wilmington Trust contended that a panel of reinsurers — including Convex Insurance UK and Fidelis — should disburse US$77.2m for three aircraft stranded in Russia, amounting to 95% of the total US$81.3m value that was reinsured. They said the three aircraft were on lease to JSC Stock Company Ural...
Aviva reported identifying over 11,000 bogus claims in 2023, totalling more than £116m, up from 9,250 fraud cases in 2022 valued at £120m. The insurer noted that last year’s tally works out at about 30 sham claims every day, with an average daily value of £318,000. It is also examining a further 13,100 claims for potential fraud. Peter Ward, Aviva’s head of claims counter-fraud, said the business is moving swiftly to detect deceitful submissions. He added that when wrongdoing is uncovered, Aviva will robustly challenge false or exaggerated claims and, where appropriate, pursue prosecutions against those targeting the firm......
Chubb European Group SE told the High Court on 7 June 2024 that the lessors are not entitled to compensation because the policy excludes war-related claims, even if the aircraft have been destroyed. The Irish entities are subsidiaries of Aircastle Ltd, a US commercial jet lessor. In its recently filed defence, Chubb argued that, if the Russian aircraft and engines are considered lost in any meaningful way, such loss could only stem from a peril caught by the reinsurance exclusion. Chubb also said that any recovery for “total loss” under the reinsurance would require the lessors to demonstrate they have been irretrievably deprived of possession of the aircraft, which they have not established. The lessors alleged in June 2023 that two Boeing 747 freighters were on lease to Air Bridge Cargo Airlines LLC when Russia invaded Ukraine in February 2022......
Insurtech UK Insurtech UK urged the party that secures victory on 4 July 2024 to shape a regulatory landscape that caters to the needs and structures of insurance technology firms in the UK as they start and scale up. The UK trade association for insurtech startups also sought measures to stimulate additional investment in the insurance technology sector—such as broadening certain venture capital investment schemes—within a series of policy proposals for the future government focused on regulation and expanding access......
The market reported that the 'cutover' to digital services, constituting the initial stage of Lloyd's so‑called Blueprint Two, had to be postponed once more. This is the second instance in which Lloyd's has delayed Blueprint Two, which adds an additional layer of digitalisation to services at the 330‑year‑old specialist insurance marketplace. Phase one had been scheduled to launch on 1 July 2024; however, in January 2024 Lloyd's revealed a three‑month delay to that go‑live date. Lloyd's has not issued a refreshed timetable for the service, and no replacement date has been set. ' We have met obstacles that have influenced our timeframes, particularly......
Client Earth, a not-for-profit based in London, said the FCA replied to its Freedom of Information request, revealing it began a probe in July 2023. The regulator gave no detail about the sort of firm involved or the character of the alleged misconduct. No details were given on the type of firm or precise behaviour under suspicion. In its response dated 7 June 2024 to Client Earth’s query, viewed by Law360, the FCA said one enforcement investigation had been opened concerning climate-related matters, including greenwashing. The letter indicated that seven full-time members of staff are working on the case. The FCA added it could not identify the company at this stage because disclosure 'would be likely to prejudice the exercise' of its......
Trade body sets up committee for M& A insurance market The International Underwriting Association has formed a transactional liability committee made up of 20 firms that supply warranty and indemnity insurance. Transaction liability insurance cover, largely consisting of the specialist line widely known as warranty and indemnity insurance, typically shields purchasers from losses arising from sellers' breaches of guarantees. Appetite for this protection has jumped since 2021, reflecting a worldwide rise in global M& A activity as the market progressed with transactions delayed by the coronavirus ( COVID-19) pandemic. The trade association added that the cover......
The Irish company sued Convex Insurance UK Ltd, together with a number of other insurers, has declined claims brought by WWTAI Air Op Co II DAC, asserting in a High Court defence dated 6 June 2024 that nothing is payable because the aircraft are neither lost nor damaged. The lessor initiated proceedings in 2023 seeking a payout over aircraft grounded following Moscow’s invasion of Ukraine. It says the three aircraft it leased to JSC Ural Airlines at the time of Russia’s attack were later re-registered in the country, and that it has not received reimbursement from its reinsurers for the value of the stranded aircraft. The insurers, however, contend that no sums are due to the Irish business As set out in the defence, the claimant has no valid claim under the insurance contract because: the aircraft are not lost they remain with the...
In a defence submitted to the High Court, the insurer argued it is not liable for the funds sought by Vx Freighter Investment ( Ireland), a subsidiary of San Francisco-based lessor VX Capital Partners. In its 6 June 2024 defence, Chubb maintained that the Boeing aircraft—on lease to the airline Atran LLC when Russia invaded Ukraine in 2022 and still not returned—has not, in fact, been lost, and that the Irish subsidiary has therefore suffered no loss. Chubb further denies that the aircraft has been subject to a physical loss within the meaning of the insurance policy or constitutes a total loss, as set out in its defence. It also states that, in the absence of any contention that the aircraft has been destroyed, any claim alleging a total loss would......
On the first day of a four-day sitting, the Court of Appeal took submissions from insurer representatives, in proceedings that gather a bundle of six claims heard together as a single test case, involving 13 insurers and 14 commercial policyholders. The outcome is expected to impact thousands of other firms not directly involved in the proceedings. At issue is whether policy wordings that insure against closure caused by a disease event at the premises were engaged by the UK-wide lockdowns introduced from March 2020 to curb coronavirus and control its spread. Gavin Kealey KC of 7KBW, appearing for five insurers, contended in his submission that infections occurring elsewhere in the UK do not amount to a 'proximate cause' of an individual business’s closure. ' These clauses describe situations where the premises are closed specifically by virtue of an occurrence having taken place there', he...
Insurance & Reinsurance weekly highlights—20 June 2024 In this issue: Coronavirus ( COVID-19) Ukraine conflict Cases and decisions Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Coronavirus ( COVID-19) Insurers lodged an appeal on Tuesday seeking to overturn a pivotal test case judgment that would extend cover for COVID-19 lockdown losses to thousands of businesses with policies containing ‘at-the-premises’ business interruption wording. See News Analysis: Insurers appeal coronavirus ( COVID-19) Ex Ce L business interruption insurance test case ruling. For more on the seminal ‘at-the-premises’ test case, see News Analysis: Court rules in favour of policyholders in ‘ At the Premises’ test case. For guidance on coronavirus ( COVID-19) business interruption claims not resolved by the Divisional Court or Supreme Court in the...
According to the consultancy, smaller insurers will face fewer constraints once the Prudential Regulation Authority ( PRA)’s revisions to Solvency II come into effect later this year. In February 2024, the regulator set out a series of reforms to ease the regime’s capital requirements and reduce burdens. Among these measures, the PRA increased the income threshold at which a firm falls within the regime to £25m ( US$31.7m), representing a further £10m rise on the original proposals. Broadstone maintains that insurers not reaching the revised level will also benefit from the alteration to the threshold......
Swiss Reinsurance Co. Ltd and Chubb European Group SE informed the High Court they should not be responsible for grounded planes in GTLK Europe DAC’s claim against the insurers in the present case, as the matters fall within 'war risks' under their respective policies, according to a defence dated 7 June 2024 that has now been made public. Chubb told the court that, 'if the aircraft were detained in Russia and prevented from leaving... any such detention or restraint was caused by a peril encompassed by the policies’ war and allied risks cover'. Following Russia’s invasion of Ukraine, aircraft lessors brought a wave of proceedings seeking indemnification from insurers, with the High Court......
On 13 June 2024, HM Treasury stated that the latest sanctions package, imposing limits on four oil tankers, would further tighten the financial flows supporting Russia’s war campaign in Ukraine. Since Britain, the US and other Group of Seven nations introduced a price cap of US$60 a barrel on the movement of Russian oil, a parallel market of tankers operating beyond the reach of sanctions has also emerged. Ingosstrakh is believed to be a major provider of insurance for tankers in the shadow fleet......
High Court judge Neil Calver ruled Hamilton Corporate Member Ltd, along with other reinsurers, owed no payment to Anham because, whether or not the premises were taken 'by reason of a governing authority', an exclusion ultimately applied. He said the term 'seizure' in the reinsurance clause bears its plain, ordinary and natural meaning and is not confined to measures by a lawful government or sovereign power. In 2021, after US forces left Afghanistan, the Taliban swept across the country. They took control of the warehouse in August that year, and Anham sought to be indemnified for that loss, the judgment records. The reinsurers contended they were not responsible for the warehouse, as the circumstances, in their view, fell outside the scope of the reinsurance under the policy wording. An exclusion clause of......
Insurance & Reinsurance weekly highlights—13 June 2024 In this issue: Ukraine conflict Cases and decisions Market practice Regulation Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Ukraine conflict Stranded plane claims belong in Ukraine ( Aer Cap Ireland Capital Designated Activity Company and others v PJSC Insurance Company Universalna and others) A London judge on 6 June 2024 determined that the dispute between insurers and aircraft lessors concerning aircraft marooned in Ukraine following Russia’s 2022 invasion should proceed in Ukraine rather than in England. See News Analysis: Stranded plane claims belong in Ukraine, UK judge says and LNB News 06/06/2024 55. See Practice Note: Ukraine conflict—aviation insurance claims, which examines the key areas of contention in claims under aviation insurance policies. It also outlines further points to consider for claims made under principal policies and...
Moody’s Ratings stated that the European Insurance and Occupational Pensions Authority ( EIOPA) has set out proposals intended to secure fair value, bringing tougher controls over life insurance product design and charges, supported by benchmarking carried out at the product level. According to Moody’s, the EU’s Retail Investment Strategy aims to reinforce investor protection, boost market transparency and make sure investment products provide fair value for consumers. Yet the rating agency warned that tighter regulatory scrutiny could dampen life insurers’ earnings and compress overall profitability, as companies juggle compliance demands with sustaining competitive returns for policyholders......
At the High Court, Judge Andrew Henshaw determined that six actions brought by lessors and Ukrainian airlines against their insurers belong in the Ukrainian courts, finding no compelling justification to keep them in London. He concluded that the insurance policies’ exclusive jurisdiction provisions must be observed, holding them binding on the claimants, effective and applicable to every cause of action. He further found no sufficient reasons to permit the proceedings to continue in this jurisdiction. The claimants contended that the leases did not stipulate any governing court or law for the underlying insurance or reinsurance arrangements. The insurers, however, maintained—per the judgment—that the lessors and airlines had the chance to shape the manner in which the aircraft were insured and reinsured, yet did not insist on any forum for disputes. Judge Henshaw additionally held that the clauses remain enforceable even though they do not...
The new Miami office will consolidate resources to assist brokers, coverholders and managing agents across Spanish-speaking Latin America and the Caribbean, according to the 330-year-old specialist market. Lloyd's added the office, set to open on 1 September 2024, will act as a hub for Lloyd's across the Americas, alongside its current offices in New York, Rio de Janeiro and Toronto......
In this issue: Cases and decisions 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 Cases and decisions Insurance ruling highlights stringent bar to amend policy wording ( Project Angel Bidco Ltd ( In Administration) v Axis Managing Agency Ltd). On 2 May 2024, in Project Angel Bidco Ltd ( In Administration) v Axis Managing Agency Ltd, the Court of Appeal of England and Wales affirmed the lower court’s October 2023 ruling and dismissed the insured, Project Angel Bidco Ltd’s, appeal. See News Analysis by Joseph Moore, partner, and Laura Mc Cann, senior associate, at Travers Smith LLP: Insurance ruling stresses high hurdle to fix policy wording ( Project Angel Bidco Ltd ( In...
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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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