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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 consultation stemmed from a 27 February 2024 address delivered by Therese Chambers, the FCA’s joint executive director for enforcement and market oversight, unveiling the proposal—widely dubbed a plan to name and shame. It has triggered a pronounced pushback from the market, the influential financial services trade body UK Finance, the House of Lords and, most unusually, the UK chancellor. More extraordinary still, on 2 May 2024, FCA Chief Executive Nikhil Rathi was called before a House of Lords committee to explain and justify why the regulator had not halted the proposal in response to these objections. Proposal At present, those under investigation are generally not named until the FCA finishes its investigation and determines misconduct. The FCA now proposes to release details about investigations at an early point, including progress updates, as well as also announcing the closure of...
The Court of Appeal, by a majority, agreed that Judge Mark Pelling of the Commercial Court, King's Bench Division of the High Court of Justice of England and Wales was right to conclude there was no obvious error in the drafting and wording of the relevant exclusion clause within the buyer side warranty and indemnity, or W& I, insurance policy. Consequently, cover under the policy did not extend to the alleged breaches of certain warranties given by the vendors in the share purchase agreement, or SPA. This decision is illuminating for all parties actively engaged in the W& I market and acts as a reminder that, even where a warranty is listed as 'covered' in an appendix to a W& I policy, it remains subject to the broader terms and conditions set out in the body of the policy, including exclusion...
The country's Department of Finance The country’s Department of Finance announced that motor insurance policyholders will no longer need to wait for the liquidation of a collapsed insurer before seeking compensation after road traffic accidents. The Motor Insurance Insolvency Compensation Bill 2024 brings into Irish law elements of a 2009 EU directive concerning civil liability in motor insurance claims. On 23 May 2024, the EU confirmed it had issued a warning letter to Ireland over delays in introducing the required legislation, which should have been in place by December 2023. ‘ We have seen in the past where insurers have failed, claimants have been left...’...
Nigel Feetham KC, minister for justice, trade and industry On 30 May 2024, the ABI stated that the so‑called memorandum of understanding expands upon its existing collaborative relationship with the GIA, and bolsters both bodies’ capacity to work together across a variety of matters influencing insurance markets. The association added that they have committed to exchange information on core products, including motor and home policies. According to the ABI, the arrangement will further involve the organisations aligning positions on other significant topics where shared interest and advantage exist for both parties as appropriate......
Insurance & Reinsurance weekly highlights—30 May 2024 In this issue: Ukraine conflict 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 Ukraine conflict Aviation claims An aircraft lessor has filed a £472m claim against numerous major insurers over planes left in situ since the invasion of Ukraine, after a landmark London court ruling blocked efforts to shift comparable actions to Russia. See News Analysis: Major insurers face £472m claim for Russia-stranded planes ( STLC Europe Sixteen Leasing Ltd v American International Group UK Ltd and others). Cases and decisions Insurers lose appeal over US$15m Hanjin Shipping settlement ( Royal & Sun Alliance Insurance plc v Textainer Group Holdings Ltd) A London appeals court on 22 May 2024 determined insurers should not take a share of recoveries for uninsured losses, in a dispute tied to a US$15m settlement following Hanjin...
STLC Europe Sixteen Leasing Ltd STLC Europe Sixteen Leasing Ltd says six of its Boeing 737-800 aircraft were covered for war risks, yet a host of insurers — including AXA, AIG, Allianz and Liberty Mutual entities — have declined to indemnify the losses, according to a High Court claim dated 3 May 2024 that has only recently been made public. These allegations follow High Court Judge Andrew Henshaw’s March 2024 ruling dismissing jurisdiction objections to numerous compensation claims brought by aircraft lessors. As a consequence, major insurers now face more than £13bn of claims in London. STLC said it leased the jets to S7 Airlines, which is headquartered in Russia, and that the planes were insured with Ingosstrakh Insurance Co Ltd from May 2021 to May 2022. Ingosstrakh then reinsured the aircraft with American International Group UK Ltd and AXA XL Insurance Co UK Ltd to...
Peter Stockill told the High Court he had, in error, thought he was entitled to propose alterations to an expert’s statement where he believed it failed to mirror the pleaded issues, in a clash with AXA XL Insurance Co Ltd concerning an indemnity policy for a Notting Hill, London, property. “ I acknowledge that my firm did not adhere to the relevant rules and guidance,” Stockill said. “ That breach resulted from a misunderstanding of the applicable rules and guidance, and I offer an unqualified apology to the court and to AXA XL for it.” The Technology and Construction Court permits lawyers to suggest changes to expert evidence only where it might otherwise mislead. Simon Lofthouse KC, sitting as a High Court judge, found that, although there had been “substantial and impermissible interference” with the expert evidence, Stockill was not...
Risk Radar report Global Insurance Law Connect warned that anxiety is rising in the UK that watchdogs are pushing beyond their intended remit and doing more harm than good. In its Risk Radar report, the alliance of 29 specialist law firms in 26 countries reported witnessing ‘a raft of business failures citing the unrelenting regulatory burden’, pointing to the newly introduced consumer duty standard brought in by the Financial Conduct Authority ( FCA). The alliance added that the FCA’s consumer duty is set to place ‘a heavy regulatory burden on insurers, brokers and regulated insureds’, as it obliges insurers to secure good outcomes for their policyholders......
On 21 May 2024, Allianz highlighted concerns about fraudsters running so-called 'crash for cash' scams, where they deliberately engineer a collision to pin fault on an unsuspecting motorist, intentionally getting 'hit' to pursue an insurance payout. These setups can also involve motorbikes or scooters passing a driver just as they open their car door while parking, causing the door to strike the bike so the episode looks as though the driver is ultimately responsible. On the same date, Allianz reported a 60-fold rise in motorbike crash for cash claims recorded between January and December 2023, citing figures from its subsidiary, LV= General Insurance......
Germany’s insurance heavyweight said the downturn in incidents represents a major milestone for a sector with a chequered past, with losses dropping from more than 200 a year in the 1990s to about half that tally a decade ago. Allianz cautioned that enduring piracy risks and the geopolitical turmoil in Gaza and Ukraine are reshaping global shipping, affecting crew and vessel safety, supply chains, infrastructure and the environment, as well as wider ecosystems. Rich Soja, Allianz’s global head of marine, noted that annual shipping losses have fallen, highlighting marked advances in maritime safety, yet shifts in risk profiles remain at unprecedented levels. He also warned that piracy is again increasing, with a troubling re-emergence off the Horn of Africa......
Insurers lose appeal over US$15m Hanjin Shipping settlement ( Royal & Sun Alliance Insurance plc v Textainer Group Holdings Ltd) The Court of Appeal ruled in favour of container company Textainer Group Holdings Ltd, rejecting a claim by four insurers centred on doctrine of subrogation in insurance law. The insurers sought to take a slice of the sums Textainer recovered from the insolvent estate of Korean shipping behemoth Hanjin, which to date have so far amounted to US$15m. However, the three-judge panel reached unanimous view and affirmed the 2022 High Court ruling, holding that Textainer could retain any payments from Hanjin to compensate for its uninsured financial losses, rather than having insurers extract a share of those recoveries......
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 Aviation claims Two aircraft lessors have lodged particulars in London against insurers, seeking a combined US$62.1m for aircraft marooned in Russia following the invasion of Ukraine, after a pivotal judgment rejected efforts to shift these and related disputes to Russian courts. See News Analysis: Lessors file Russia-stranded planes cases after major ruling. Cases and decisions Subrogation ( Royal Sun Alliance Insurance Plc and others v Textainer Group Holdings Ltd and others) The court’s judgment has now been released. See: LNB News 22/05/2024 50. Market practice Brokers A sector trade association states that ever more onerous FCA oversight is hindering insurance brokers and duplicating established industry processes. See News...
Two companies within Celestial Aviation, alongside SMBC Aviation Capital Ltd, have launched actions against their insurers over aircraft losses, following a significant ruling that struck out jurisdiction objections across numerous similar cases, as evidenced by two High Court filings in late April 2024. The insurers named include Allianz Global Corp & Specialty SE, Axis Specialty Europe SE and Liberty Mutual Insurance Europe SE. In March 2024, High Court Judge Andrew Henshaw decided that the insurers must confront claims linked to aircraft left stranded in Russia owing to the war in Ukraine, observing that a fair hearing was unlikely in the Russian courts. The Celestial Aviation companies are pursuing up to US$35.2m under their insurance policy for two aircraft which they say have been entirely lost to them......
In this edition: Ukraine conflict Coronavirus ( COVID-19) Cases and decisions Types of insurance 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 This week: Insurance broker WTW revealed it has arranged protection for cargo moving by land across Ukraine that may come under fire during the prolonged conflict with Russia. See News Analysis: UK broker WTW launches Ukraine land war insurance cover. Politicians questioned leading specialists, including Emma Hardaker, Lloyd’s of London’s head of financial crime and compliance, on whether the UK should mirror the EU and direct gains from Russia’s frozen assets towards Ukraine, as they assessed the sanctions regime. See News Analysis: MPs mull using frozen Russian assets for Ukraine...
Insurance Europe letter to European Commission On 14 May 2024, Insurance Europe stated it had contacted the European Commission, cautioning that the so‑called level 2 technical discussions on putting into practice the recently concluded Solvency II review, which defines capital rules for the industry, must mirror the political ambition that has been settled. The association dispatched its letter ahead of the commission’s expert group on banking, payments and insurance commencing technical conversations on the Solvency II review on 15 May 2024. ' The fine print will determine the outcome and, to capture the potential gains, the political ambition agreed yesterday needs to be carried through into the technical specifics that will follow,' said Olav Jones, the deputy director‑general of the......
The government published its AI regulation white paper in March 2023, outlining five principles for UK regulators. Yet the FCA has not sufficiently mapped these to its own rules, even after a 14‑month window and an AI update that could have addressed the issue. Samantha Paul, senior knowledge lawyer at Bryan Cave Leighton Paisner LLP, rated the FCA’s AI update a C+, noting it is a solid beginning but fails to explain how the government’s AI compliance principles translate into the UK’s existing regulatory regime, or what this means in practice for firms. Lawyers warn the FCA is leaving banks with insufficient clarity on how its rules apply to the AI‑driven systems embedded in their businesses. Banks could, for instance, mis‑sell financial services to consumers or lack adequate systems and controls to repel an AI‑generated cyber attack. Clearer, upfront application of the rules from the...
WTW stated that the scheme, fronted by Lloyd’s of London syndicate Markel, delivers ‘peace of mind’ to participants engaged in Ukraine’s reconstruction. The cover is the London market’s first for inland cargo within the war‑ravaged nation and comes on the heels of a 2023 initiative undertaken by Western insurers, including Marsh & Mc Lennan Cos Inc, to underwrite sea shipments moving grain from Black Sea ports......
Bellini ( N/ E) Ltd trading as Bellini v Brit UW Ltd (the Corporate Capital Provider of Lloyd’s Syndicate 2987 for the 2019 Year of Account) [2024] EWCA Civ 435. What are the practical implications of this case? A run of rulings, beginning with Financial Conduct Authority v Arch Insurance ( UK) Ltd [2020] EWHC 2448 ( Comm); [2021] UKSC 1, seemed to indicate insureds enjoyed a favourable tide in coronavirus business interruption disputes. This judgment cuts against that. The policy contained a ‘disease’ extension within the business interruption cover, yet the wording required physical damage, as defined by the policy, to be present. The insured’s principal case was that the clause was meant to answer non-damage perils—disease within 25 miles of the premises, murder at the premises, food poisoning, and similar events—so making damage a prerequisite would empty the apparent promise of sense. They...
Industry experts will give evidence to the parliamentary Treasury Committee on 14 May 2024 as the Committee continue their broader probe into the effectiveness of the sanctions imposed by Britain on Russia after it invaded Ukraine in February 2022. Among those due to appear are Emma Hardaker from the Lloyd's insurance market and Bill Browder, the financier and political activist. On 8 May 2024, European diplomats and ambassadors signalled agreement in principle to direct profits derived from seized Russian assets to support Ukraine's war effort. A report issued by the European Parliament in February 2024 indicated that about US$300bn of Russian Central Bank holdings are currently frozen across various jurisdictions......
Court of Appeal rules on exclusion in W& I policy ( Project Angel Bidco v Axis) Project Angel Bidco Ltd (in administration) v Axis Managing Agency Ltd (as representative of Syndicate 1686 at Lloyd’s of London) and other companies [2024] EWCA Civ 446 What are the practical implications of this case? The Court of Appeal’s ruling reiterates how difficult it is to show an evident drafting error in a contract that would justify judicial correction of a specifically negotiated clause. Practically for W& I insurers, brokers, and lawyers advising on these policies, the following points arise: When framing liability for bribery and corruption, clarify whether the scope captures proved responsibility for such conduct or mere accusations When crafting an exclusion, take care with the terminology used in the definition; in this case the word ‘liability’ in the ‘ ABC Liability’ exclusion was not...
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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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