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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 FCA announced on 5 March 2024 that it has secured an agreement with the last outstanding providers of this cover to halt sales while issues with the product’s core design are addressed. Guaranteed asset protection ( GAP) insurance supplies an extra payment to motorists who are financing new cars that are written off after a crash or taken by thieves. However, the watchdog considers the policy, typically sold by car dealers as an add-on to compulsory motor insurance, to deliver poor value for consumers In February 2024, the FCA confirmed it had reached deals with 80% of GAP insurers to suspend sales until the product is reworked, and on 5 March 2024 it said the pause would soon extend to the remaining providers. Michael Sicsic, a former head of insurance supervision at the FCA and now managing partner at regulatory...
According to a defence lodged in the High Court on 22 February 2024, which has recently been made public, the insurer contended that the claimants’ bid for indemnity cannot succeed, as none of the matters meets the policy conditions agreed between the parties. Liberty Mutual maintained that cover would only arise if the businesses demonstrated the ‘discovery’ of an illness like coronavirus on the premises, and that such discovery led to closure pursuant to official rules, among other specified conditions and prerequisites. However, the insurer said that ‘none of the claimants has alleged or identified any case of coronavirus at the premises’ sufficient to trigger cover under the policy wording and terms. ‘ The claimants’ claims are bound to fail,’ the defence concluded accordingly therein......
The Fire Safety Reinsurance Facility will increase underwriting capacity in the market He said the initiative would bolster underwriting capacity across the market. Sheldon Mills, the FCA’s executive director for consumers and competition, set out the position in a letter to the government’s housing secretary dated 29 February 2024. He noted that the programme, currently being developed by the Association of British Insurers ( ABI), was due to launch by summer 2023, but has encountered delays. According to Mills, progress has taken longer than expected given the challenge of securing sufficient reinsurance capacity for the risks at stake and of shaping a scheme that properly meets insurers’ needs and, by extension, those of customers and leaseholders......
January 2024’s ruling in Archer Western- De Moya Joint Venture v Ace American Insurance Co, following the 2023 outcome in South Capitol Bridgebuilders v Lexington Insurance Co, is set to draw attention from insurance market participants in other jurisdictions, given the shortage of reported LEG decisions, not least because these disputes frequently arise in arbitrations that remain unreported. When America sneezes, the world can sometimes catch a cold; insurers active in this sphere will be hoping that is not the result here... Background CAR policies typically insure all risks of loss and damage on construction or building projects, yet they commonly exclude, to varying extents, matters such as design faults or workmanship defects. The LEG defects clauses present three alternative exclusion formulations for CAR wordings. The broadest carve-out, and therefore the least cover, is LEG 1, which provides that the insurer 'shall not be liable for: Loss or...
In this issue: Coronavirus ( COVID-19) Ukraine conflict 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 Coronavirus ( COVID-19) Business interruption ( Oaxaca Ltd (trading as Wahaca) v QIC Europe Ltd) The Commercial Court partly granted the claimants’ application for summary judgment in their action against the defendant insurer concerning business interruption losses suffered at their premises due to the Covid 19 pandemic. The proceedings arose from the UK government’s 2020 regulations and restrictions introduced in response to the domestic outbreak of the global Covid 19 pandemic. The claimants pursued an indemnity for interruption to their operations, sought summary judgment on the breadth of the policy response, and asked for...
Scotland Gas Networks plc v QBE UK Ltd and others [2024] CSOH 15, 2024 Scot ( D) 18/2 What are the practical implications of this case? This will interest insurers, insured and their representatives. After this decision, insurers still have scope to contend that a wronged party cannot call on a policy, but that scope has been notably reduced. A judgment or decree in default stands on the same footing as a full merits determination for the purposes of TP( RAI) A 2010. Decisions under the Third Parties ( Rights against Insurers) Act 1930 (1930 Act) do not bear on this question. Insurers will therefore wish to ensure their insured’s proceedings are fully defended at first instance. What was the background? The pursuer ( Scottish term for claimant), Scotland Gas Networks plc (‘ SGN’), the statutory successor to the Scottish Gas Board, owns and operates a wide...
Insurance M& A hits ten-year low amid political uncertainty The law firm reported that 346 insurance sector deals were completed worldwide in 2023, a decline from 449 recorded in the previous year. It was also the weakest tally seen since 2013, when 19 transactions were signed. Peter Hodgins, a partner at Clyde & Co LLP, noted that, for many insurers, it is increasingly difficult to secure finance for deals as companies across the globe wrestle with inflation......
Premium volumes in the insurance sector may well decline if there is 'material deterioration' in the region, UK actuarial consultancy OAC stated on 21 February 2024. Carriers have already reduced marine insurance following assaults by Houthi rebels in Yemen on merchant vessels transiting the Red Sea, that were carried out in response to the war in Gaza. A direct confrontation with Iran is the greatest threat to global energy markets, the consultancy added......
In this issue: Coronavirus ( COVID-19) Ukraine conflict 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 Coronavirus ( COVID-19) Business interruption This week: A consortium of reinsurers contested liability for at least US$90m sought by a Lloyd’s of London syndicate for COVID-19 losses, contending they have discharged their obligations, having already paid approximately US$26.6m... The Court of Appeal considered the proper treatment of remoteness when assessing whether a single event could be said to cause insured business interruption loss. Where policy wording requires only a link to one “event” or “occurrence” (rather than a single “cause”), the inquiry into causation—or a unifying source—is markedly lighter, and the...
The insurer reported on 20 February 2024 that its mean overall company-wide gender pay gap was 21.9% in 2023, improving from 24.7% the previous year and 32.8% when disclosures began in 2017. QBE said the industry gap stands at 35%. Nikki Lees, people director for QBE European Operations, said the business is intent on narrowing the gap, using levers such as benefits, partnerships and its upskilling programme. She added that, although the pay gap is shrinking, the company must still further intensify efforts on the gender bonus gap, which moved the wrong way—from 50.1% in 2022 to 51.7% in 2023......
Various Eateries Trading Ltd v Allianz Insurance plc [2024] EWCA Civ 10 What are the practical implications of this case? The principal importance of this Court of Appeal decision lies in its treatment of remoteness within the analytical enquiry into causation, contractual interpretation, and practical application. Where policy wording is framed to invite a broad, ‘light‑touch’ view of causation, the issue is how the Court should deploy remoteness as the controlling mechanism. As a result, the ruling will interest those assessing aggregation in general and, in particular, within business interruption insurance and claims during periods of governmental measures taken to limit the transmission of coronavirus ( COVID‑19). The dispute centred on which occurrence or occurrences should be regarded as the cause of defined losses under the relevant aggregation clause; it was common ground that each distinct occurrence would trigger an additional insured limit of £2.5m for...
The Investment Delivery Forum Formed in July 2023 by the Association of British Insurers, the Investment Delivery Forum said forthcoming regulatory reforms for insurers will release billions for so‑called productive investment, including technology start‑ups and green infrastructure, over the coming decade. The easing of Solvency II capital rules, scheduled for June 2024, broadens the universe of assets available to insurers, the trade body also noted. The forum said several practical proposals in the published report would let insurers begin allocating capital with minimal delay once the new rules are in force. Among the recommendations is handing executive agencies greater authority to set longer‑term strategic plans. Bim Afolami, economic secretary to the Treasury, said in the report that it is 'encouraging' to see......
A cohort of twelve, among them AXA XL Syndicate Ltd and Brit UW Ltd, stated in a defence lodged at England’s High Court on 14 February 2024 that they bear no responsibility for the entire amount sought by WRBC Corp Member Ltd ( WRBC). They maintain that some losses fall within the ambit of the reinsurance treaties and that they have remitted approximately US$26.6m in payments to WRBC. However, the defence asserts that these payments exhaust the AXA/ Brit defendants’ portion of the layer 1 limits under the reinsurance treaties. It is further averred that the claimant has no entitlement to the indemnity demanded in respect of the contingency losses and/or the loss settlements. Validus Reinsurance Ltd, also named by WRBC, submitted a separate defence on 14 February 2024......
The Association of Consumer Support Organisations ( ACSO) said insurers have sought to portray the rise in such personal injury claims as an epidemic, yet, it added, the underlying fall in overall claims has skewed the narrative and distorted the overall picture. The trade body collated figures from three medical reporting organisations, which showed a much smaller rise than the figures put forward by insurers, contradicting their claims of an epidemic. According to Matthew Maxwell Scott, executive director of ACSO, the medical data shows a more prosaic reality, attributable to the tariff’s impact and significant drops in minor claims since 2021 in this area. The UK Supreme Court will hear an appeal on 13 February 2024 in the case of Charlotte Victoria Hassam and another v Yoann Samuel Rabot and others......
On 12 February 2024, Mr Justice Lionel Persey KC dismissed Hamsard One Thousand and Forty- Three Ltd’s action against AE Insurance Brokers Ltd. He identified multiple flaws in Hamsard’s case, citing evidential gaps and inadequate pleading of certain matters. Persey concluded that AE bore no liability to Hamsard for any breach of the duty to act as a competent broker. The policy at issue related to premises in Smethwick, West Midlands. Fusion Insurance Services Ltd voided the cover in 2014 after alleged non-disclosure that Hamsard’s directors had links to previously failed companies. The judgment also records that Hamsard failed to notify that the occupant, Incanite Foundries Ltd, entered administration in 2014. According to the decision, Hamsard’s owner, Mark Beresford, and AE director, Simon Rees, had collaborated since the late 1990s; Rees had arranged cover for Feldaroll Foundry, a business formerly owned by...
Insurance & Reinsurance weekly highlights—15 February 2024 In this issue: 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 Aviation claims Refer to Practice Note: Ukraine conflict—aviation insurance claims for analysis of the principal areas of contention in aviation policy claims. It also highlights further points for claims under principal policies and contingent/possessed wordings, prepared in collaboration with Russell Butland, counsel, and Hugo Flaux, senior associate at Allen & Overy. Sanctions See Practice Note: EU/ UK financial and trade sanctions for insurers for an overview of sanctions, including those expressly prohibiting insurance and reinsurance. For hands-on guidance on how sanctions affect insurers and policies, consult Practice Notes: Sanctions clauses and the...
WTW stated that joining forces with the London-based scientific research institute is vital in a marketplace where deploying mathematical models to assess climate-related risks is increasingly routine, influential and significant. The broker expects the alliance to help it grasp both the capabilities and constraints of its modelling tools, so it can give better advice to its clients. According to WTW, Erica Thompson, an internationally recognised authority on applying mathematical models to back 'real world' choices, will serve as the lead academic partner for the research. Thompson's work centres on how models are built and applied, with an emphasis on setting rigorous standards to improve them and their use......
Assuranceforeningen Skuld Assuranceforeningen Skuld said it was 'necessary' to withdraw certain war risk protections after receiving cancellation from an unspecified number of its reinsurers for the same risks that Skuld reinsures in the commercial market. Skuld did not disclose how many clients would be affected, but noted that the general notice of cancellation pertains to all fixed premium assureds where cover is extended to include war risks. The order will take effect from noon GMT on 20 February 2024. ' This notice of cancellation applies to war risk cover only; all other terms of the cover remain unchanged', Skuld said in......
Gatwick Investment Ltd and others v Liberty Mutual Europe SE and other cases [2024] EWHC 124 ( Comm) What are the practical implications of the case? This ruling is significant for those managing coronavirus BI claims. It builds on FCA v Arch [2021] UKSC 1, [2021] AC 649, Corbin & King v. Axa [2022] EWHC 409 ( Comm), Stonegate v MS Amlin [2022] EWHC 2548 ( Comm), and London EXCEL v RSA [2023] EWHC 1481, where the courts have sought to chart which policy wordings do or do not respond to coronavirus losses, and to define how such cover operates in practice. The judgment resolves many of the recurring Prevention of Access ( Non- Damage) questions, and supplies useful guidance on the operation of limits and the deduction of furlough payments, applicable to other coronavirus BI matters and more broadly. That direction is intended to be of...
Speaking on the evening of 8 February 2024, Bruce Carnegie- Brown criticised both protracted approvals procedures and hold-ups in properly confirming new executives as senior managers. The government has sought to build on the UK's exit from the EU by obliging regulators to more fully consider the supervision of markets against the impact on the UK financial system's relative competitiveness when measured against other overseas jurisdictions......
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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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