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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Q& A with Law360: Rekha Cooke on FCA senior manager reforms Kennedys partner Rekha Cooke sets out where the FCA’s changes to the senior manager regime will heighten pressure on the sector, as well as the advantages. Cooke specialises in high‑value disputes and regulatory investigations in financial services. She cautions that blind spots could emerge in which poor behaviour by senior leaders prospers—placing the onus on firms to take action now. Cooke also highlights consequences for the FCA’s enforcement processes, where other reforms are progressing. The overhauled regime will only function if regulated firms do their part. She urges financial institutions to strengthen record‑keeping and to review governance and investigations procedures. As a final pointer, she singles out a sector where senior managers are especially exposed to early FCA scrutiny. Do the FCA's reforms of the senior managers regime risk increasing poor...
Flood Re Flood Re, a state-supported reinsurance programme enabling insurers to provide reasonably priced household cover to customers in locations at high flood risk, pressed Whitehall and the wider insurance market to make property flood resilience commonplace across the UK. The scheme said straightforward steps, including fitting flood doors and elevating electrical systems, could significantly cut yearly flood losses by as much as £740m. Water-resistant finishes and detachable kitchens may further bolster protection for homes at risk. Focusing on the most frequently struck properties could still produce £238m in annual savings, the organisation noted in its call. Kelly Ostler- Coyle, director of corporate affairs at Flood Re......
Kate Albert, chief executive of Kova Professions On 7 October 2025, Kate Albert stated that a major FCA action on commission from motor finance arrangements signalled a developing position on transparency and fairness in distribution. The warning came after the FCA launched an £8.2bn redress scheme on 7 October 2025 for consumers who were treated unfairly because of hidden commission arrangements in motor finance contracts. Albert said insurance brokers could, in future, come under FCA pressure to disclose their own remuneration structures. She pointed to the principles at play, particularly the presumption of consumer detriment where disclosure......
Insurance & Reinsurance weekly highlights—9 October 2025 In this issue: Cases and decisions Insurance types UK Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Cases and decisions Aer Cap Ireland Ltd v AIG Europe SA This ruling follows the June 2025 decision ( Aer Cap Ireland Ltd v AIG Europe SA), where Judge Andrew Butcher found in favour of Aer Cap, the world’s largest aircraft lessor, and other leasing firms, confirming that jets and engines marooned in Russia after the 2022 invasion were effectively lost. This judgment sets out Mr Justice Butcher’s determinations on costs and provides his reasons on interest and on permission to appeal. See: [2025] EWHC 1430 ( Comm). Insurance types Cyber On 6 October 2025, LIIBA said the spiralling economic toll of...
The IUA stated that the perfluoroalkyl and polyfluoroalkyl substances—usually shortened to PFAS—represent a risk with an 'uncertain impact' for the insurance sector. This extensive class of chemicals, known as PFAS, is found in household goods from non-stick frying pans to skincare creams......
Britain should emulate the United States, where new federal responsibilities are being considered for handling catastrophic cyber attacks, according to the London & International Insurance Brokers' Association ( LIIBA). This advice is set out in a broader report that details practical actions the Financial Conduct Authority ( FCA) might take to pursue a pro-growth agenda for the insurance broking industry. In the paper, LIIBA contends that regulators can help develop 'public-private shock absorbers for systemic perils'. It also states that ' Targeted backstops can restore market function after step-change shocks', LIIBA said......
In this issue: Insurance types UK Regulation EU Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Insurance types Cyber Hiscox reported on 30 September 2025 that about 59% of small and medium-sized enterprises endured a cyberattack during 2025, underlining the shifting threat landscape as criminals adapt and harness new technologies to exploit businesses. In its annual cyber-readiness report, the insurer also noted that 33% of SMEs said they received a sizeable fine in the aftermath of an attack or data breach. Following such incidents, regulatory authorities, including the Information Commissioner’s Office, can levy penalties where organisations are found to have failed to protect data and privacy. See: Six in ten SMEs hit by cyberattack in 2025, Hiscox...
Polling analysed by Wakefield Research, spanning 5,750 businesses between July 2025 and August 2025, highlighted the intensity of cyberattacks on companies. In total, 30% of participants reported declines in business performance measures—such as share price—after an incident. Meanwhile, 29% of those surveyed said they faced increased expenditure associated with notifying affected customers about the incident. The research indicated that the same proportion also struggled to attract new business in the aftermath of an attack, underscoring the commercial drag that follows. Eddie Lamb, global head of cyber at Hiscox, cautioned that no organisation can afford to underestimate the ramifications of a cyberattack. He stressed that such events do not merely disrupt day‑to‑day operations; they can threaten a company’s very survival......
Golden Adventure Shipping stated in a defence lodged with the High Court on 7 July 2025, and only recently disclosed, that Berytus must indemnify because a succession of rocket strikes by the Houthis, the Islamist political and military group, did not fall within the policy exclusion definitions for war or terrorism. It maintained that the 2024 attacks, which followed the onset of Israel’s military operations in the Gaza Strip against Hamas, were not politically motivated as defined by the policy, since the Houthis were not attempting to effect a change of policy ‘in the state at which the act was directed’. The defence also rejects, to the extent it is alleged, that the Houthi attacks on Israel were aimed at deterring Israeli aggression in the Gaza Strip, asserting the Houthis had no reasonable basis to expect their actions would achieve that...
Chubb European Group SE In a filing dated 30 July 2025, only recently disclosed, Chubb European Group SE contended that a cohort of 23 reinsurers should either meet or share the insurance outlay Chubb owes to aircraft lessors, including Aer Cap Ireland Ltd and Merx Aviation. The liability arises from a fresh judgment in a sprawling trial addressing responsibility for aircraft left in Russia after the country’s 2022 invasion of Ukraine. High Court Judge Christopher Butcher’s decision leaves Chubb responsible for US$5.7m to compensate the lessors’ losses. However, Chubb asserts in its new submission that, under the ruling, the lessors’ initial recourse ought to have been to the group of war risk reinsurers that provided the cover......
In this issue: Cases and decisions Insurance claims Insurance types UK Regulation Cases tracker Dates for your diary Daily and weekly news alerts New and updated content Lex Talk®Insurance: a Lexis®Nexis community Cases and decisions Ahmed v White & Company ( UK) Ltd The Commercial Court considered a suite of damages claims brought by multiple claimants against White & Co as first defendant, its professional indemnity insurer Allianz as second defendant, together with associated parties. The proceedings stemmed from allegedly negligent investment and tax advice by White & Co across numerous schemes, including Enterprise Investment Schemes ( EIS), Seed Enterprise Investment Schemes ( Seed EIS) and Super EIS. The court held that all claims tied to EIS, Seed EIS and Super EIS were caught by the Tax Mitigation Endorsement and were to be aggregated under the Related Claims...
The insurer stated that some dishonest claimants are seeking to overstate the effects of injuries excluded from a new fixed damages tariff, in a bid to secure higher pay-outs. Allianz noted this behaviour is among the drivers behind increasing fraud levels. It reported the value of fraud it prevented climbed to £92.6m in the first half of the year—a 34% rise on the £68.9m recorded in the same period in 2024. The split between so-called tariff and non-tariff injuries within a single claim stems from a landmark UK Supreme Court judgment in March 2024. The consequence of that decision still runs through combined injury claims......
In this issue: Intermediaries and market practice—market practice Insurance types UK Regulation EU Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Intermediaries and market practice—market practice Lloyd’s picks AI-driven insurance startups for incubator Lloyd’s of London has selected 12 insurance startups for the next round of its business incubator programme, with a clear emphasis on firms deploying new artificial intelligence ( AI) technology. See: Lloyd’s picks AI-driven insurance startups for incubator. Insurance types Property insurance Morningstar DBRS stated on 15 September 2025 that, should natural catastrophe losses continue to rise, the industry may need to halt and reverse the prevailing decline in pricing for property cover. See: Insurance premiums could rise if catastrophe losses...
Morningstar DBRS Morningstar DBRS noted the sector is in a soft market, characterised by plentiful supply and muted demand, which is keeping prices down. However, the firm cautioned this phase may reverse if capacity — especially across reinsurance capital markets — diminishes, forcing rates higher. The industry has also endured successive years of escalating losses triggered by natural catastrophes, including hurricanes and wildfires. In the first six months of the year, insurers posted US$80bn of claims, the highest tally for that timeframe in over a year to date so far......
On 11 September 2025, Lloyd’s of London stated that firms in the newest Lloyd’s Lab Accelerator programme would help support creating a more data-led and future-ready insurance market. The next group will represent the 15th cohort to pass through the programme, which was introduced in 2018 as part of a modernisation initiative for the 330-year-old marketplace......
Whiplash Injury Regulations: minor psychological injury The Whiplash Injury Regulations 2021, SI 2021/642, set a tariff fixing the overall damages for pain, suffering and loss of amenity that a court may grant for road traffic whiplash lasting up to two years, together with any minor psychological effects arising at the same time. It concerns pain, suffering and loss of amenity for injuries lasting up to two years in traffic accidents. Following the first three-year statutory review of those Regulations, the Lord Chancellor issued a report on 21 November 2024. Among the outcomes was an intention to seek ways of offering further guidance on how ‘minor psychological injuries’ should be defined. Although section 1 of the Civil Liability Act 2018 provides the meaning of a ‘whiplash injury’, the expression ‘minor psychological injury’ has not been defined. The Explanatory Memorandum to the Whiplash Injury...
In this issue: Reinsurance Market practice UK Regulation EU Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Reinsurance Law360, London reports that Swiss Re’s 8 September 2025 paper says artificial intelligence will be a “game changer” for the reinsurance sector as it contends with an ever more volatile geopolitical environment. See: AI crucial to navigate shift in insurance risks, swiss re says. Market practice On 4 September 2025, Lloyd’s of London confirmed the next stage of its long‑anticipated modernisation programme has been deferred, with go‑live now expected in 2028. See: Lloyd’s delays overhaul of markets IT until 2028. UK Regulation CP25/24: FCA consultations include PISCES penalties, UKLR buy-back notifications and contactless payment limits The Financial Conduct Authority has issued quarterly Consultation Paper No. 49 ( CP25/24),...
In its cyberinsurance publication dated 8 September 2025, Lockton Re stressed that the industry needs to commit capital on multiple fronts at pace and at scale to satisfy a rapidly expanding cyber-market, which analysts foresee swelling to US$40bn or beyond by 2030. According to the report, ‘the cyberinsurance arena sits at a pivotal juncture, moulded by shifting regulatory frameworks, rising event frequency and the mounting intricacies of technological interdependence’. ‘ By promoting tighter cohesion between regulatory requirements, investor priorities and practical technology, the sector can effectively address current hurdles while opening routes to expansion and robustness in an increasingly digital era.’ The......
The Swiss reinsurance company stated that artificial intelligence will be pivotal in boosting the quality of risk evaluation and underwriting. Swiss Re further observed that these technologies have exceeded early expectations and are now a competitive necessity within the industry. Gianfranco Lot, chief underwriting officer for property and casualty reinsurance, said that data will become even more vital due to rising risks, including geopolitical tensions and a quickening in the frequency of natural disasters......
Patrick Tiernan, Lloyd's Chief Executive, said expectations around Blueprint Two must be recalibrated, as the 330-year-old insurance market moves onto a standardised information technology ( IT) platform. The programme requires converting data to a uniform market-wide standard and storing it in the cloud. That change should enable far quicker handling of risk placement and the settlement of claims. However, the initiative—first proposed in 2019—has turned out to be far more challenging than anticipated, and its roll-out has been postponed in stages repeatedly over time......
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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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