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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Piacquadio and another as joint liquidators of Smith & Partner Ltd (in liquidation) v Sparkes and others [2024] EWHC 2518 ( Ch) What are the practical implications of this case? The Chancellor delivered a crisp restatement of familiar principles and set them to work in a dispute where most issues were argued at length. It thus offers both a succinct consolidation of the principles and a clear demonstration of how they operate. The decision also reiterates that, when asked to continue a freezing order, the court will not be swayed by forceful submissions or tactics that ignore established doctrine. In preparing for an inter partes hearing, parties should remember the modest threshold for showing a good arguable case in light of what can properly be determined at the interlocutory stage, and should approach full and frank disclosure complaints with...
In this issue: Key R& I law developments Corporate insolvency processes Directors and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals Key R& I law developments Insolvency Practitioners ( Amendment and Transitional Provisions) Regulations 2024 SI 2024/1090: This statutory instrument updates the Insolvency Practitioners Regulations 2005, SI 2005/524, and revises existing minimum requirements for insolvency practitioner bonding. Bonding is a form of protective security intended to shield creditors from losses caused by fraud or dishonesty on the part of insolvency practitioners during the course of their duties when appointed to an insolvency case (ie acting as an office-holder). These amendments take effect on 1 December 2024. See: LNB News 05/11/2024 4. Limited Liability Partnerships ( Application of Company Law) ( No 2) Regulations 2024 SI 2024/1078: This instrument amends the Limited Liability Partnerships ( Application of Companies Act 2006) Regulations 2009, SI 2009/1804, to ensure that...
MTA Personal Injury Solicitors LLP (in administration) (acting by its joint administrators Andrew Lawrence Hosking and Sean Bucknall) v Wiseglass [2024] EWHC 2208 ( Ch) What are the practical implications of this case? The burden rests on the administrator, as an office-holder owing fiduciary duties, to substantiate any request for remuneration by being candid with the court and providing information that is adequate, coherent and sufficient. The administrator must justify fees with proper evidence and open disclosure. Statement of Insolvency Practice ( SIP) 2 is pivotal in underscoring the duty to identify assets, including prospective claims against third parties such as directors, and to determine what recoveries may realistically be achieved. Paras 9–11 require an initial assessment: this includes making enquiries and/or interviewing directors and senior staff where appropriate, forming a preliminary view on potential recovery routes, and deciding what further...
Re Wealthtek LLP (in special administration) [2024] EWHC 2520 ( Ch) What are the practical implications of this case? The ruling identifies the issues likely to preoccupy the court in detail when asked by Special Administrators to sanction a proposed distribution plan in situations where returning client assets strictly in line with clients’ legal entitlements cannot, in practice, be achieved. It underscores the obligation on Special Administrators to share the fullest possible and relevant information with the bank’s customers and with the court, especially where clients lack separate legal representation at the hearing. The court in fact allowed additional time to expressly safeguard clients’ interests through the engagement of independent counsel, even though that appointment was made by the Special Administrators. The court also observed that, had more time been available, it would have been better for such counsel to be...
Restructuring & Insolvency weekly highlights—31 October 2024 In this issue: Key R& I law developments Corporate insolvency processes Restructuring Insolvency Litigation Property Insolvency Daily and weekly news alerts Corporate Rescue and Insolvency ( October 2024 edition) Key dates for restructuring and insolvency professionals Key R& I law developments Autumn Budget 2024—key Restructuring & Insolvency announcements In the Autumn Budget on 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out a series of measures relevant to restructuring and insolvency professionals. The package addresses rogue company directors, boosts the Department for Work and Pensions’ debt recovery powers, adjusts tax treatment for liquidations of limited liability partnerships, overhauls business rates, and brings in the Cryptoasset Reporting Framework with changes to the Common Reporting Standard. See: LNB News 30/10/2024 47. How Companies House enforcement powers are growing On 27 September 2024, Companies House—created in 1844 as the UK’s register of all...
The guidance arises from fresh penalty and enforcement powers afforded to Companies House by reforms in the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), alongside the Economic Crime and Corporate Transparency Act 2023 ( Financial Penalty) Regulations 2024 ( SI 2024/445). These regulations brought in a maximum financial penalty of up to £10,000 as an alternative to criminal proceedings, and although they have applied since 2 May 2024, the penalty has only been enforceable since September 2024... This framework is intended to raise compliance levels, enhance the accuracy of the register and curb misuse. Martin Swain, director of intelligence and law enforcement at Companies House, signalled that Companies House will not hesitate to deploy the powers now at its disposal. The guidance closely follows enhanced capabilities granted by the Economic Crime ( Transparency & Enforcement) Act 2022, which created the...
Webb and another (in their capacity as joint liquidators of Eversholt Rail (365) Ltd (in liquidation)) v Eversholt Rail Ltd and another company [2024] EWHC 2217 ( Ch) What are the practical implications of this case? This case serves as a reminder to insolvency practitioners that orders under IA 1986, s 235 and IA 1986, s 236 are not automatic; a cogent justification is needed explaining why specified documents are reasonably required. Requests should be tightly focused in both timeframe and in the categories or classes of documents sought. The judge criticised not only the lack of specificity in the evidence, but also the failure to explain that lack. As the court has a broad discretion and will weigh a range of considerations, a request that is relatively unfocused may still be granted if there is a satisfactory reason it cannot be more precise, for...
Carvill- Biggs and another v Reading [2024] EWCA Civ 1005, [2024] All ER ( D) 18 ( Sep) What are the practical implications of this case? The Court of Appeal declined to set aside or alter the stay mainly because requiring the householders to leave before the appeal would cause them prejudice, while the joint administrators would suffer no material detriment. In weighing the risk of injustice, the court considered contextual matters including the occupiers’ finances and practical difficulties; overall, the appellant faced the greater prospect of unfairness. As such considerations frequently weigh in favour of those in occupation, parties seeking possession would be well advised to hesitate before challenging a court’s decision to grant a stay of execution pending an appeal against a possession order. In this instance, the stay was made subject to a condition that the appellant pay an...
In this issue Key R& I law developments Personal insolvency Directors and insolvency Insolvency litigation Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Key R& I law developments The implications of the Water ( Special Measures) Bill The Water ( Special Measures) Bill is intended to reinforce the authority of industry regulators. Introduced on 4 September 2024, it is now at second reading in the House of Lords. See News Analysis: The implications of the Water ( Special Measures) Bill. Authored by Amy Taylor, barrister, and Dr Michael J Bowes, pupil, at Six Pump Court. Economic Crime and Corporate Transparency Act: Outline transition plan for Companies House HMRC has issued a transition plan setting out an indicative timetable for bringing into force key provisions of the Economic Crime and Corporate...
Safeguarding customer funds Under the Payment Service Regulations 2017 and the Electronic Money Regulations 2011, FCA-registered payments firms and electronic money institutions—together, payments firms—must protect customers’ money by maintaining appropriate safeguarding arrangements. This safeguarding framework exists to prevent harm to customers, such as shortfalls or delays in redemption, and to reduce the risk of detriment. The need is acute during a wind-down or insolvency, particularly given that money held by payments firms is not covered by the Financial Services Compensation Scheme. The sums entrusted to such firms are significant and continue to grow: the FCA records that electronic money institutions alone held a combined £18bn of customer funds in 2023, up from £11bn in 2021. Nevertheless, the FCA considers there to be widespread failure across payments firms to implement suitably robust safeguarding practices, and it fears that this leaves customers’ funds at risk. The...
See Practice Note: FAQs on After-the- Event insurance for insolvency practitioners. For a summary of the insolvency claim financing and enquiries, consult Funding of insolvency litigation and investigations—overview......
What is the new legislation? The Water ( Special Measures) Bill (the Bill) sets out measures on regulation, governance, and the special administration of water and/or sewerage undertakers. It applies to companies across England and Wales, although certain provisions vary according to which side of the border a company operates. If enacted, it would result in amendments to several laws, including the Water Industry Act 1991, Water Resources Act 1991, and Environment Act 1995. What new powers does it provide? Remuneration and governance Under the Bill, Ofwat is granted authority to issue rules on the arrangements made by relevant undertakers for (a) remunerating their directors and other individuals, and (b) overseeing their governance, as deemed appropriate......
In this issue: Key R& I Restructuring Insolvency Litigation Personal insolvency Employees and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New Q& As Key R& I Insolvency Service publishes September 2024 enforcement outcomes management information The Insolvency Service has refreshed and updated its enforcement outcomes management information tables with figures and statistics for September 2024. The dataset indicates a total of 82 director disqualifications, together with eight bankruptcy and debt relief restrictions. See: LNB News 11/10/2024 25. Restructuring Restructuring Plan binds landlords despite prior express agreement to the contrary ( UK Commercial Property Finance Holdings Ltd v Cine- UK Ltd) Four interlinked restructuring plans were sanctioned despite approval by only two creditor classes out of thirty-one in total. Two landlord creditors (the Objecting Creditors) had earlier renegotiated existing and continuing...
In this issue: Key R& I law developments Corporate insolvency processes Personal Insolvency Restructuring Insolvency litigation Daily and weekly news alerts New content Key R& I law developments Home Office publishes guidance on Economic Crime and Corporate Transparency Act The Home Office has issued guidance covering the information-sharing powers under the Economic Crime and Corporate Transparency Act 2023. It explains the rules designed to secure business compliance and outlines practical points for firms, such as routes for cross-sector data sharing, obligations around reporting to law enforcement, adherence to the UK General Data Protection Regulation, and avenues for customer redress. See: LNB News 04/10/2024 39. Corporate insolvency processes Judgment alert: Re Wealthtek LLP (in special administration) [2024] EWHC 2520 ( Ch) The court may sanction a distribution plan that departs from clients’ strict proprietary entitlements in client assets, so long as the scheme is fair and...
What are the practical implications of this case? The decision, though from the County Court at first instance, carries real procedural weight because of issues arising at the junction and interplay of the Insolvency Act 1986 and Proceeds of Crime Act 2002 proceedings. Alongside the issue of whether claims under IA 1986, ss 339 and 423 can proceed in the face of POCA 2002, s 419—a matter of clear interest to practitioners—the court also tackled difficult questions about access to documents within POCA 2002 proceedings. Declining to accept the trustee’s position, His Honour Judge Matthews observed that it was ‘scarcely fair’ that such documents were not freely and openly available in those proceedings. The judgment also charts the origins of the law on sham, what the concept entails, and, crucially, whether a finding of sham necessarily carries a finding of...
The official corporate registrar warned indeed that companies which do not keep up with their filing duties could face financial sanctions. They might also be subject to civil proceedings, the disqualification of directors and, in more serious cases, criminal prosecution. The refreshed regime forms part of the work to implement the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), which became law in October 2023 and introduced tougher new measures to strengthen prosecutors’ hands and curb the flow of illicit money. Martin Swain, director of intelligence and law enforcement liaison at Companies House, said the registrar will 'take a consistent and proportionate approach to these new powers to enforce the law firmly, but fairly'.......
Restructuring & Insolvency weekly highlights—26 September 2024 In this issue: Key R& I law developments Corporate insolvency processes Personal insolvency Financial institutions International restructuring and insolvency Daily and weekly news alerts Key dates for R& I professionals New content Key R& I law developments The Insolvency Service has released its monthly statistics for August 2024 on corporate and personal insolvencies in England and Wales. There were 1,953 company insolvencies—9% fewer than July 2024 and 15% down on August 2023. Individual insolvencies stood at 10,000, a 5% fall from July 2024 but 16% higher than August 2023. See: LNB News 20/09/2024 28. Corporate insolvency processes The Insolvency Proceedings ( Fees) ( Amendment) Order 2024, SI 2024/963, updates the Insolvency Proceedings ( Fees) Order 2016, SI 2016/692. Taking effect on 9 January 2025, it will, among other changes, increase: (i) the...
Little and another v Olympian Homes Ltd [2024] EWHC 1766 ( Ch) What are the practical implications of this case? This judgment offers clear guidance on the requirements for contractual waivers. The court confirmed that, where a contract demands any waiver to be in writing, an email will suffice, as emails plainly amount to “writing”. It also held that an email can be validly electronically signed where: the individuals’ names are added or appear within the footers; the inclusion of phrases such as “ Kind regards”, “ Thanks”, or “ Many thanks” demonstrates an intention to link the name to the content; and the email footer contains names and contact details in the conventional form of a signature. As to consideration in the context of waivers, the court indicated obiter that consideration is not inevitably required to support a contractual waiver, unless the waiver is more aptly...
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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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