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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Insurance & Reinsurance weekly highlights—4 September 2025 In this issue: Insurance types Financial crime and sanctions UK Regulation Cases tracker Dates for your diary Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Insurance types Motor vehicle and road traffic accident Analysts on 1 September 2025 forecast that personal motor insurance could be radically reshaped over the next decade if autonomous vehicles gain widespread adoption in the UK. See: Motor insurance to face shake-up from driverless cars. Cyber UK brokers rate cyber-insurance as the most promising growth line, with many SMEs still lacking protection against online risks, according to polling by a data and analytics firm. See: Cyber-insurance seen as big growth area for UK SMEs. Financial crime and sanctions Boost fraud controls before law change, RSA urges insurers On 26 August 2025, RSA Insurance Group Ltd advised the market to reassess and...
On 29 August 2025, Global Data said more than half of the 250 insurance brokers it questioned saw cyber cover as having the best growth prospects among commercial offerings over the coming years. The polling also found that renewable energy insurance was widely seen as the second most promising area for expansion. In a separate survey of over 1,500 businesses, the same company found that upwards of 60% of small and mid-sized enterprises ( SMEs) do not hold cyber insurance. Some 40.5% of SMEs explicitly stated they are without this particular cover at present because they do not believe they will......
The UK's new offence of failure to prevent fraud comes into force on 1 September 2025. Large organisations could be held liable where employees, or others connected to the business, commit criminal conduct to benefit the company. Created by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), the offence is touted as a tool to spark a shift in corporate culture. The intention is to push firms to tighten their procedures so the UK’s enforcers can more effectively police fraud in Britain. The Serious Fraud Office ( SFO) and the Crown Prosecution Service ( CPS) have adopted tough language, vowing to pursue companies that fail to comply. Yet lawyers do not anticipate a flood of prosecutions or corporate plea agreements, and any that do arise are expected to take years to materialise. ‘ For most in-scope companies, the house isn’t on fire,’ said Lloyd...
Investment bank Berenberg believes insurers are likely to keep motor policies on their ledgers, yet may pivot towards underwriting manufacturers of vehicles rather than individual drivers. This assessment comes from its comprehensive and wide-ranging review of the outlook and prospects for Britain’s motor insurance market and the implications for investors. The government intends to begin small-scale pilots of self-driving taxis and buses nationwide across the country in spring 2026. Berenberg added that, should these pilots prove effective, they might pave the way for far broader uptake of autonomous technology among Britain’s motorists......
On 15 July 2025, Chancellor of the Exchequer Rachel Reeves delivered her second annual Mansion House speech, and published the long-awaited Financial Services Growth and Competitiveness Strategy 2035, consulted on in November 2024 (see: HMT launches call for evidence on the UK’s financial services growth and competitiveness strategy, LNB News 15/11/2024 62), together with a suite of accompanying reforms, known as the Leeds Reforms (see: Reforms and the Financial Services Growth & Competitiveness Strategy, LNB News 15/07/2025 21). This came after Reeves’ first Mansion House address in November 2024, where she unveiled a package of measures on financial services reform. Key highlights from SICGO report The SICGO report, issued alongside the FCA’s press release on modernising rules to unlock investment, also dated 15 July 2025, sets out how it plans to deliver on its secondary objective during the second half of 2025. It likewise serves as a...
On 26 August 2025, Fairer Finance argued that it was time for the Financial Conduct Authority ( FCA) to step in, as the sector has failed to improve the accessibility of policy documents for vulnerable customers. In 2023, the FCA introduced the Consumer Duty, obliging financial services providers to deliver fair value on their products. One of the intended ‘outcomes’ sought by the regulator through this regulation is to secure good, clear understanding among consumers of the products they are purchasing......
' Failure to prevent fraud' offence RSA has urged the sector to ready itself for the ‘failure to prevent fraud’ offence, which will take effect on 1 September 2025. This provision sits within the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). It addresses fraud carried out by an ‘associated person’ to benefit a company, exposing that company to prosecution......
In this issue: Insurance types Insurance Claims Intermediaries and market practice— Brokers Cases tracker Dates for your diary New and updated content Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community Insurance types Marine underwriters could face legal exposure and reputational harm if they insure shipping businesses whose models rely on modern slavery, the International Union of Marine Insurance ( IUMI) cautioned. See: Marine insurers warned of legal risks from modern slavery. Insurance Claims Insurers are encountering a swell of AI-fuelled fraud. Lawyers warn that UK carriers may suffer markedly higher losses as criminals deploy artificial intelligence tools to fabricate or exaggerate claims. See: Insurers face rising tide of claims from AI-driven fraud. Intermediaries and market practice— Brokers Aviva backs an AI broker aiming to reduce underinsurance. The company, which says it is Britain’s first AI-based insurance broker, reports raising almost £1m from investors including Aviva and a venture capital firm in a...
On 26 August 2025, the IUMI stated that underwriters might be viewed as facilitating human rights abuses committed by their commercial policyholders. Modern slavery is an expansive concept that includes forced labour, debt bondage and human trafficking. The IUMI highlighted that seafarers face particular danger because many hail from economically disadvantaged regions, endure exploitative recruitment practices and have limited routes to justice. It added that insurers must exercise enhanced due diligence to ensure they are not in any way complicit in sustaining modern slavery. ' Although they may not be directly involved......
Insurance & Reinsurance weekly highlights—21 August 2025 In this issue: Cases and decisions Sanctions 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 Broker’s negligence claims relating to liability policies do not require actual liability ( Norman Hay Marsh Ltd) The Court of Appeal ruled on a reverse summary judgment/strike‑out bid in a negligence claim against a broker. It centred on ‘non‑owned auto’ cover—motor liability insurance for hired vehicles. Marsh challenged the refusal of its application on two bases: (i) there was no pleaded actual liability, said to be required before an insured can claim under a liability policy; and (ii) the alleged losses were barred as reflective loss. The appeal failed on both points. The judgment draws a clear...
On 14 August 2025, the LMA issued a warning as the UK and EU prepare to cut the price cap for Russian oil to US$47.60 per barrel in September 2025, down from the US$60 level fixed by the Group of Seven ( G7) industrial countries in 2022. The US, however, has so far yet to confirm if it will align by cutting its own cap, which the LMA said is creating complications for insurers......
Norman Hay v Marsh Ltd [2025] EWCA Civ 58 What are the practical implications of this case? This decision highlights the crucial difference between a claim on a liability policy and a claim against a broker for negligently failing to arrange that protection. It also reinforces two procedural fundamentals: where factual questions on causation require determination at trial, the court will not grant summary disposal; and allegations of negligence and causation must be pleaded with particulars stated clearly and in sufficient detail. What was the background? The facts were tragic. Mr Kelsall, an employee of IMP, a subsidiary of Norman Hay, travelled to the US in November 2018. He hired a car and opted not to purchase insurance. On his return to the airport, he drove on the wrong side of the road and was involved in a collision, resulting in his death and causing serious injury to a third...
The ABI’s quarterly premium tracker Between April– June 2025, the average policy price stood at £562, down from £622 in the equivalent period of 2024. It also sits below the £581 typical cost recorded in the first quarter of 2025. The tracker analyses almost 28 million policies sold each year and is based on the price customers paid......
Thomas Nordberg, managing director at The Swedish Club, stated on 11 August 2025 that turbulence right across the globe has become the industry's 'new normal'. ' Sanctions, tariffs, and military flashpoints are no longer unusual occurrences in today's climate', Nordberg also noted. ' They influence vessel movements, the enforceability of contracts, and even what insurers may lawfully back.' Sanctions imposed in recent years, including those applied to Russia following its 2022 invasion of Ukraine, shape how an insurer is able to offer cover, the Swedish firm added......
In this edition: COVID-19 business interruption insurance Insurance types Intermediaries and market practice— Brokers Insurance claims UK regulation Cases tracker Dates for your diary Daily and weekly news alerts Lex Talk®Insurance: a Lexis®Nexis community COVID-19 business interruption insurance Court of Appeal rules on composite policies and furlough deductions ( Bath Racecourse v Liberty Mutual) The Court of Appeal in Bath Racecourse Company Ltd v Liberty Mutual Insurance Europe SE affirmed the Commercial Court’s view of composite business interruption cover, holding that each insured enjoys a distinct indemnity limit. It further held that CJRS furlough sums must be treated as savings and then deducted. The ruling bears significant consequences for coronavirus ( COVID-19) BI claims, and permission has been granted to the Supreme Court ( UKSC/2025/0068) on the furlough deduction point, which could shape the resolution of thousands of claims. Written by Tatiana Minaeva, independent counsel and Arbitrator. See News Analysis: Business...
On 11 August 2025, the ABI announced that insurers had issued settlements to assist nearly 9,000 households to recover from subsidence, which arises when the ground beneath a property drops in dry conditions. The data indicates the average payment per claim was about £17,300. The ABI added it has refined its data gathering, broadening the area from which statistics are sourced, making comparisons with the earlier periods more challenging......
Aon noted a brief window of opportunity for insurance purchasers to secure cover at a favourable price in what is presently a 'soft' market. In such conditions, capacity is higher, with numerous insurers prepared to provide cover and compete on price. A 'hard' market typically follows significant sector losses, and is marked by insurers exiting the market or adding exclusions. Both moves result in substantially higher premiums for policyholders. Aon warned that the existing soft market could prove to be short-lived in fact......
The Court of Appeal ruled that the insurers, among them Allianz and AXA, must pay Delos Shipholding SA, owner of the Win Win, after the vessel anchored in Indonesian waters and was then held for a year. In a written judgment, Justice Stephen Males said a panel of three justices dismissed the insurers’ case that the policy excluded liability for the ship’s arrest. The court found that the exclusion addressing detentions for customs or quarantine reasons did not extend to the vessel’s arrest following a sudden shift in Indonesian Government policy. According to Males J, the insurers’ reading of the exclusion seriously undermines the policy wording, treating it as though it captured any detention under any regulation unrelated to actual or impending hostilities, and thereby making the reference to customs or quarantine regulations redundant......
On 6 August 2025, the reinsurer reported that the tally, up by US$69bn on the first half of 2024, was chiefly fuelled by January 2025’s extensive Los Angeles wildfires and intense thunderstorms across the US. It noted that the California blazes represented the biggest insured wildfire loss on record, producing insured losses of US$40bn. According to the firm, the aggregate for the opening six months of 2025 is nearly double the ten‑year average and already accounts for more than half of the US$150bn anticipated for the whole of 2025. Swiss Re added that natural catastrophes tend to be more prevalent in the latter half of 2025, meaning the amount could potentially surpass the forecast given......
Bath Racecourse Company Ltd and others v Liberty Mutual Insurance Europe SE and others [2025] EWCA Civ 153 What are the practical implications of this case? This Court of Appeal decision brings welcome certainty to insurers, brokers and policyholders handling pandemic-related BI claims. It confirms that composite policies, typical in group programmes, are to be read as a bundle of distinct contracts, so each insured benefits from its own indemnity limit unless the wording plainly dictates otherwise. This construction averts disputes about pooled limits within group arrangements. Importantly, the court ruled that furlough sums received under the UK CJRS must be deducted from business interruption recoveries pursuant to standard savings provisions. Applying the concurrent causation approach from the FCA test case, the court found that such payments: directly curtailed wage expenditure; were made in consequence of government restrictions (ie, the insured peril); and do not qualify as...
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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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