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 Sole traders, informal partnerships and outdated partnership deeds are common.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
The press release follows: MEPs approve update of EU rules regulating the insurance sector On 23 April 2024, MEPs backed reforms to the insurance rulebook, known as Solvency II, together with a fresh framework for the recovery and resolution of insurance firms. These compromises, informally reached in December 2023 between Member States under the EU Presidency and Parliament negotiators led by Markus Ferber ( EPP, DE), were adopted in plenary. Solvency II update: 549 in favour, 56 against, 9 abstentions Recovery and resolution framework: 475 in favour, 37 against, 99 abstentions More money into the real economy Revisions to Solvency II will unlock substantial capital previously held in reserve, enabling the sector to steer more finance towards the economic recovery and, notably, the European Green Deal. The assumed cost-of-capital rate used to set reserve levels will fall from 6% to...
Lloyd’s Insurance Co SA and Arch Insurance ( EU) DAC stated, in a High Court defence made public on 8 April 2024, that their policies with Nord Stream AG exclude cover for explosion damage to the two pipelines transporting natural gas from Russia to Europe. According to Lloyd’s and Arch, the September 2022 detonation of explosive devices was connected to the continuing war in Ukraine, and losses arising from war fall outside the terms agreed with Nord Stream. The defence contends that the blast damage was, whether directly or indirectly, brought about by, occurred through, or resulted from the Russia– Ukraine conflict that began on or about 24 February 2022, and therefore falls within the meanings of “war”, “invasion”, “hostilities” and/or “military… power”. On that basis, the insurers say the losses are not covered and the claimant has no...
Which reported that annual percentage rates of up to 40% are at times charged to policyholders who choose monthly, rather than yearly, payments for their insurance. The consumer organisation urged the Financial Conduct Authority ( FCA) to step in to clamp down on practices it labelled a ‘tax on the poor’. ‘ Motorists need car insurance to drive legally, and the vast majority of mortgage lenders will require homeowners to have cover—yet those who cannot afford to pay their premiums in one go are being penalised with eye-watering interest rates,’ said Rocio Concha, director of policy and advocacy at Which. ‘ Given many......
Insurance & Reinsurance weekly highlights—18 April 2024 In this issue: Types of insurance Reinsurance Market practice Regulation New and updated content Case trackers Key dates Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Types of insurance Environmental liability ABI reported that weather damage payouts climbed from £421m settled by insurers in 2022, a 36% increase year on year. Ferocious storms across the UK in 2023 then pushed weather-related claims up by over a third, reaching an all-time high of just under £573m overall. See News Analysis: Home insurers paid record £573m in weather-linked claims. Liability insurance On 15 April 2024, APIL said around one-third of people receiving awards under the current personal injury discount rate may have been under-compensated in its assessment. The government should fundamentally revisit how compensation for serious personal injury is assessed, or risk...
The Association of Personal Injury Lawyers On 15 April 2024, the Association of Personal Injury Lawyers reported that up to one in three people receiving awards under the present personal injury discount rate may have received too little. This discount rate — often referred to as the Ogden rate — is the method insurers apply to calculate a single lump-sum payment for those requiring lifelong support following a serious accident. The figure is worked out by factoring in lost earnings alongside the ongoing expenses associated with personal care......
Insurance companies Insurance companies Summit Reinsurance Brokers Intermediario de Reaseguro SA and Thona Seguros SA asserted, in a High Court filing dated 27 March 2024, which has only recently been made public, that Carroll Insurance Group Ltd bears responsibility for the losses said to have arisen from the purported fraud. According to the claim, 'the defendant violated fiduciary obligations by plainly and covertly prioritising its own interests... by keeping and fleeing with monies paid by the claimants, while failing to deliver the services promised to the claimants in exchange for those sums'. The claims, it is said, stem from a relationship between the......
In the Court of Appeal, Justice Stephen Males held that Deputy High Court Judge Stephen Houseman KC correctly prevented Tyson International Company Ltd from continuing with proceedings in the English courts in its dispute with reinsurer Partner Reinsurance Europe SE. He determined that the court was right to refuse Tyson the injunction it sought to restrain Partner Re from commencing arbitration in New York. According to the judgment, the parties entered into a reinsurance contract in June 2021 containing an English law clause and an exclusive jurisdiction provision. Eight days later, Partner Re issued a second document of reinsurance covering the same risks, but this version provided for New York law and arbitration. The judgment noted that the first document, termed the Market Reform Contract, or MRC, is typical within the London market......
The Association of British Insurers ( ABI) The ABI said weather-related damage claims increased from the £421m paid by insurers in 2022, a 36% jump, following a series of severe weather events... Storm damage claims after multiple damaging weather episodes totalled £133m. Subsequent flooding claims added a further £286m in 2023. Burst water pipes in early 2023 triggered claims worth £153m. Policy adviser Louise Clark warned that, as the UK grapples with a changing climate, extreme weather could become commonplace. She noted that insurers have continued to support affected homeowners, with payouts reaching record highs......
Share Action, the responsible investment campaign group, placed the specialist insurance market third from the bottom for environmental, social and governance performance among a field of 29 property and casualty insurers. The results land as activists step up pressure on Lloyd's, which Share Action says supplies about 9% of the available insurance cover for the world's fossil fuel sector......
Insurance & Reinsurance weekly highlights—11 April 2024 In this issue: Ukraine conflict Cases and decisions 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 Chubb European Group has been named in a US$83.4m London action alleging insurers declined to pay for aircraft left in Ukraine after the Russian invasion, as outlined in an amended High Court claim. See News Analysis: Chubb drawn into US$83.4m Ukrainian airline insurance dispute. The Commercial Court in Zephyrus Aviation v Fidelis Underwriting has recently delivered a significant judgment dismissing challenges to jurisdiction by aviation reinsurers relying on Russian exclusive jurisdiction clauses ( EJCs). The court found compelling reasons not to enforce those EJCs—the key ground being that it was ‘very unlikely’ the claimants would secure a fair trial in...
According to the International Underwriting Association ( IUA), initial proposals devised by the Institute of Chartered Accountants in England and Wales ( ICAEW) risked making reasonably priced cover harder for smaller firms to obtain. The ICAEW has been reviewing a package of changes to the terms and conditions that accountancy practices should maintain within their professional indemnity insurance, including increasing the minimum indemnity limit from £1.5m to £2m. Yet certain parts of the plan drew criticism, notably a provision requiring six years of run-off cover to apply once a business stops trading, which would take effect after the firm ceases operations......
The Financial Services Compensation Scheme stated that sums recovered will help reduce levy charges for authorised firms, or increase pay-outs to impacted customers. The FSCS handles compensation for clients of failed financial services businesses. However, awards are capped at £85,000 per individual. The FSCS also noted that £2m of funds clawed back between 1 2023 and 31 March 2024 would be directed towards extra redress for customers whose losses exceeded the £85,000 threshold, beyond the standard compensation cap......
Zephyrus Capital Aviation Partners 1D Ltd and others v Fidelis Underwriting Ltd and others [2024] EWHC 734 ( Comm) What was the background? The claimants are proprietors of aircraft leased to various Russian carriers. Those airlines insured the fleets with Russian insurers, who in turn placed reinsurance in the London and wider international markets under policies affording both ‘all risks’ and ‘war risks’ cover. After Russia’s invasion of Ukraine in February 2022, the claimants brought the leases to an end and sought the return of the aircraft. The Russian airlines did not hand them back and, two years on, the aircraft still remain in Russia. The claimants issued multiple proceedings in the English Commercial Court against insurers and reinsurers, pursuing approximately US$10bn for the loss of the aircraft. At the outset, all reinsurers contested the English Court’s jurisdiction, relying on the Russian ECJs. By the...
The service, which helps resolve financial disputes involving consumers and businesses, said the expected increase in its overall caseload was due to unaffordable lending, complaints about credit cards, and fraud and scams. In its final plans and budget report document, the ombudsman projected it would settle 17% more cases in the 2024–25 financial year than in the current one, which ends 5 April 2024. That represents a rise from 192,000 to 225,000......
Wind Rose Aviation Co LLC Wind Rose Aviation Co LLC, a Ukrainian carrier now joined by two lessors ( Goiania Comercio e Servicos Internacionais Lda and Viskona Investments Ltd), has widened its action to include Chubb, according to an amended High Court claim filed on 25 March 2024 and now in the public domain. Wind Rose seeks indemnity for nine aircraft it is unable to recover in Ukraine. The amended claim names Chubb European Group SE as the reinsurance underwriter. The airline had originally brought proceedings against AIG, XL Insurance Company SE and Talbot Underwriting (owned by AIG), asserting the insurers were liable for the aircraft. Wind Rose maintains its policies were on an all‑risks basis, including losses arising from war. But the airline alleges......
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 ( Zephyrus Capital Aviation Partners 1D Ltd and others v Fidelis Underwriting Ltd and others) Major carriers including Allianz, AXA and Liberty Mutual will have to meet £13bn in claims for aircraft left in Russia after the Ukraine invasion, as a London judge on 28 March 2024 refused efforts to shift the claims to Moscow. See News Analysis: Insurers must face £13bn Russia-stranded planes claims in UK and LNB News 28/03/2024 81. See Practice Note: Ukraine conflict—aviation insurance claims, which examines the principal areas of dispute under aviation insurance policies. It also details further...
High Court Judge Andrew Henshaw rejected bids to stay 78 claims brought by aircraft lessors seeking compensation for jets retained in Russia following Vladimir Putin’s assault on Ukraine, finding the leasing companies had demonstrated compelling grounds for the cases to be heard in the UK rather than in Russia... Henshaw J considered it highly improbable that the claimants would receive a fair hearing in Russia, which on its own “is a strong reason” to refuse a stay. He added that allowing the litigation to proceed there would inevitably proliferate parallel proceedings and markedly increase the risk of contradictory findings on core questions. He also noted a degree of danger of personal attacks on individuals who would ordinarily attend trial, further reinforcing the conclusion that robust reasons exist to deny a stay... The Russian state acted against aircraft leased from overseas owners after Western...
The Association of Personal Injury Lawyers ( APIL) On 26 March 2024, APIL confirmed it had ended its judicial review against Lord Chancellor Alex Chalk KC after the government agreed to amend certain parts of the new fixed recoverable costs rules, which came into force in October 2024. These revisions are set to apply from April 2024. APIL’s president, Jonathan Scarsbrook, stated on 26 March 2024 that, as a not-for-profit campaigning organisation, bringing proceedings against the government is a step the body approaches with great caution......
Insurance & Reinsurance weekly highlights—28 March 2024 In this issue: Baltimore bridge crash Coronavirus ( COVID-19) 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 Baltimore bridge crash On 26 March 2024, Britannia, the UK marine insurer, confirmed it is liaising with Baltimore authorities after a container vessel destroyed the city’s iconic Francis Scott Key Bridge in a collision that experts predict will trigger insurance claims running into billions of dollars. See News Analysis: UK marine insurer investigating Baltimore bridge crash. Coronavirus ( COVID-19) Four years have passed since the UK first went into lockdown to tackle coronavirus ( COVID-19), leaving offices deserted, shops closed and practitioners debating the framing of business interruption claims. See News Analysis: Four years on,...
The central bank reported that 14% of participants in its early-year financial stability survey viewed AI as among the five risks with the greatest potential impact on the financial system, were it to fully materialise. This share was twice the 7% who regarded AI as such a risk in the second half of 2023. The Bo E has conducted the survey biannually since 2009. The most recent wave ran from 30 January 2024 to 22 February 2024, with 66 firms taking part, yielding a 79% response rate in total......
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
