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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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What is the background to the current changes? The CA 2022 secured Royal Assent on 24 February 2022. It followed the Government’s 2021 response to the Law Commission’s ‘ Technical Issues in Charity Law’ report, first issued in 2017. Aimed at removing technical legal hurdles and improving the efficient running of charities, the CA 2022 has been rolled out in stages. Phase one arrived in October 2022, phase two in June 2023, and a third instalment, containing most of the remaining provisions, took effect on 7 March 2024. Each phase has delivered discrete reforms towards the same objective. What is the impact of the implementation of the third tranche of measures in the Charities Act 2022? While this third wave may not revolutionise the sector, it can deliver meaningful advantages depending on a charity’s operations, so taking time to understand the changes and refreshed guidance is...
Restructuring & Insolvency weekly highlights—28 March 2024 In this issue: Key R& I law developments Directors and insolvency Corporate insolvency processes Personal insolvency Daily and weekly news alerts Key dates for R& I professionals Key R& I law developments Economic Crime and Corporate Transparency Act 2023 ( Consequential, Supplementary and Incidental Provisions) Regulations 2024, SI 2024/410: this instrument revises primary and secondary legislation with measures that are consequential, supplementary or incidental to bringing into force specified parts of ECCTA 2023. The Regulations come into effect when section 1 of ECCTA 2023 commences. See: LNB News 25/03/2024 36. South Square Digest— March 2024: the March 2024 issue of the South Square Digest is now available. See News Analysis: South Square Digest— March 2024. Directors and insolvency The Insolvency Service reports a director filing false accounts at a Derby-based company. Mohammed Ikram secured goods...
South Square South Square Digest In this edition, David Alexander KC of South Square closely reflects on the recent Court of Appeal ruling in THG v Zedra Trust Company ( Jersey) Ltd [2024] EWCA Civ 158, confirming that the limitation provisions set out by the Limitation Act 1980 do apply to unfair prejudice petitions under s 994 of the 2006 Act. Tom Smith KC, Daniel Bayfield KC, Georgina Peters, Adam Al- Attar, Charlotte Cooke, Ryan Perkins, Madeleine Jones and Edoardo Lupi carefully consider the recent judgment in Re Project Lietzenburger Strasse Hold Co Sarl [2024] EWHC 468, which was the first Part 26A restructuring plan sanction application to come before the courts after the Court of Appeal’s judgment in Re AGPS Bondco [2024] EWCA Civ 24. Finally, Sir Antony Zacaroli also examines the concept of classes and, in particular, the growing role that the courts have to...
In this issue Key R& I developments Security review Special administration regimes Financial institutions Insolvency litigation Restructuring Personal Insolvency R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals New content Latest Q& A Key R& I developments Insolvency Service publishes monthly insolvency statistics for February 2024 The Insolvency Service released its February 2024 monthly figures on corporate and individual insolvencies. The statistics record 2,102 company insolvencies, a 17% rise on February 2023, and higher than levels seen both during the government’s COVID-19 support period and pre-pandemic. Personal insolvencies totalled 10,136, which is 23% above February 2023. See: LNB News 15/03/2024 34. Security review Update for insolvency practitioners on Companies House filings Following the earlier news analysis, Additional caution required for insolvency practitioners relying on Companies House filings, which highlighted that entries concerning registered security at Companies House had been wrongly amended to show a discharge without the knowledge of the relevant company or charge holder, it now...
Current position Regarding certain affected security, we note an entry now visible in the filings section of the Companies House register stating that material once regarded as part of the register is no longer treated as such by the registrar. Although the charges register has also been updated—so the relevant registered security once more appears as outstanding—there is no clear connection drawn between that note, the amendments to the charges register, and the earlier incorrect submission (evidence of which has likewise been removed). To any third party—even directors of the relevant company or the security holder—it is not immediately clear what this new entry pertains to unless they were already aware that the unauthorised filing had been accepted. Since the issue was identified, the registrar has made no public statement about the incident, leaving uncertainty over what actually occurred, why it occurred, and how many...
Consult Practice Note: The water industry and special administration—new regime. For special administration at a glance, see Special administration—overview......
In this issue: Corporate insolvency processes Personal insolvency Restructuring Directors and insolvency Insurance and insolvency International restructuring and insolvency Daily and weekly news alerts Key dates for R& I professionals Latest Q& A Corporate insolvency processes Failed challenge to administrators' refinancing proposal ( Loveridge v Povey) The ruling addressed four applications, including a paragraph 74, Schedule B1 Insolvency Act 1986 challenge to the administrators’ refinancing proposal, and a request for an interim injunction to restrain another company from financing that restructuring. The court rejected the applications, finding that the applicant’s conduct in separate proceedings meant he could not rely on member standing to contest the administrators’ proposal; on the facts there was no unfair harm, and an interim injunction was inappropriate. See News Analysis: Failed challenge to administrators’ refinancing proposal ( Loveridge v Povey), written by Matthew Innes, barrister at Serle Court......
Treatment of out-of-the money creditors in Part 26A Restructuring Plans ( CB& I UK Ltd v Refineria de Cartagena S. A. S. and others) Re: CB& I UK Ltd [2024] EWHC 398 ( Ch) What are the practical implications of this case? It remains apparent that section 901A(3) of the Companies Act 2006 ( CA 2006) sets a very modest, and readily attainable, jurisdictional bar, which can be satisfied by even a nominal payment to the creditor as consideration for the ‘compromise or arrangement’ of their claim. A challenging creditor needs to be cognisant of the consequences of its conduct outside the trial of the Plan, particularly where such conduct is at odds with the future position that is being presented. What was the background? In this case, the disputed points to be considered when deciding whether or not to sanction the Plan were primarily centred on the...
INSOL Europe/ Lexis R& I joint project on implementation of EU Directive 2019/1023— Bulgaria Lexis R& I and INSOL Europe are gathering articles from INSOL Europe’s membership and Country Coordinators, explaining how EU Member States have put into practice Directive ( EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures designed to enhance the efficiency of procedures relating to restructuring, insolvency and discharge of debt, which also amends Directive ( EU) 2017/1132 (the EU Directive). A summary table of the outcomes prepared by INSOL Europe in association with Lexis R& I can be accessed here: INSOL Europe/ Lexis+® UK Joint Project on EU Harmonisation Directive 2019/1023: consolidated table. As a general rule, you should seek advice from local lawyers in the relevant jurisdiction to confirm the measures...
Re Link Fund Solutions Ltd [2024] EWHC 250 ( Ch) What are the practical implications of this case? This judgment will interest practitioners seeking to understand the court’s approach to sanctioning a scheme of arrangement for an FCA‑regulated entity. It underscores the scheme’s flexibility and the advantages of engaging early with relevant stakeholders. Of particular note was the appointment of an independent investor committee and an independent investor advocate, who engaged directly with creditors and reported to the court on the adequacy of the Scheme. That mechanism created a practical and accessible forum to address creditors’ common questions and concerns, and to improve the overall flow of communications. The independent investor advocate also served as a single point of contact for creditors and channelled feedback about how information on the Scheme might best be communicated in a more ‘user friendly’...
Last week there were whispers, and that is all they were, as Companies House had not issued any public notice; yet, as the weekend unfolded and subsequent coverage has shown, it appears there have been at least 800 filings made in error. No clear pattern links these filings. The businesses involved span diverse sectors and have different directors, advisers and lenders, which has made it challenging to piece together what occurred, why it happened, and which companies are implicated. We have reviewed the list of affected firms that was supplied to UK Finance and, on a brief look,......
Restructuring & Insolvency weekly highlights—7 March 2024 In this issue: Key R& I developments Security review Corporate insolvency processes Personal insolvency Property insolvency Restructuring The office-holder Financial institutions International restructuring and insolvency Daily and weekly news alerts Key dates for R& I professionals New content Key R& I developments Spring Budget 2024—key Restructuring & Insolvency announcements In the Spring Budget 2024, on 6 March 2024, the Chancellor of the Exchequer, the Rt Hon Jeremy Hunt MP, confirmed the scrapping of the administration fee for debt relief orders ( DROs). See: LNB News 06/03/2024 89. Economic Crime and Corporate Transparency Act 2023 ( Commencement No 2 and Transitional Provision) Regulations 2024 SI 2024/269 Certain provisions of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) come into force on 4 March 2024, 5 March 2024, and 26 April...
Loveridge v Povey and others; Loveridge v Loveridge and other companies [2024] EWHC 329 ( Ch) What are the practical implications of this case? The ruling offers welcome clarification on various facets of the test applied to applications under paragraph 74. It confirms that ‘unfair harm’ may arise either through disparate treatment or through decisions that are commercially irrational in nature, and that there is no separate, higher ‘perversity’ threshold to be applied when courts review administrators’ decisions and conduct. The court’s analysis of standing will be of interest to insolvency practitioners and others across practice areas. In holding that the applicant lacked adequate standing to pursue a paragraph 74 application, the court factored in the likely outcome of Financial Remedy proceedings, treating that probable result as relevant to the standing assessment. This is not only a notable instance of one court being prepared to assess the...
Discharge from liability of office-holders Consult Practice Note on office-holders’ discharge from liability...
Restructuring & Insolvency weekly highlights—29 February 2024 In this issue: Restructuring Corporate insolvency processes Insolvency litigation Directors and insolvency Personal insolvency Industry/sector guides for R& I lawyers Daily and weekly news alerts Key dates for R& I professionals Corporate Rescue and Insolvency ( February 2024 edition) Latest Q& A Restructuring New Practice Notes— Part 26A restructuring plan deal debriefs The Lexis Nexis Restructuring & Insolvency practical guidance team have released four fresh Practice Notes within their ‘ Restructuring Plan deal debrief’ series: ‘ Part 26A restructuring plan deal debrief— The Good Box Labs Co Ltd (in administration)’, ‘ Part 26A restructuring plan deal debrief— CFG Investments SAC’, ‘ Part 26A restructuring plan deal debrief— ED& F Man Holdings Ltd’ and ‘ Part 26A restructuring plan deal debrief— Hong Kong Airlines Ltd’. These Notes consider the key terms of the Part 26A...
The government supported £77bn in total of loans across three relief programmes during 2020 and 2021. Around £47bn went out through the bounce-back loans scheme, with £1.79bn thought to be fraudulent, according to the department’s most recent figures. Lenders marked £5m of the £25.8bn issued under the coronavirus business interruption loan scheme as suspected fraud. No loans made via the third programme—the coronavirus large business interruption loan scheme—have been flagged as potentially fraudulent, the DBT stated. The DBT did not provide an immediate response to a request for additional comment......
Corporate Rescue and Insolvency The February 2024 issue of Corporate Rescue and Insolvency is now accessible on the Lexis +® UK platform (subscription required). This instalment sets out the following articles: Atento: the final restructuring plan of 2023—a case study (2024) 1 CRI 3 by Jo Hewitt, managing director, James Holley, senior director, and Tom Rayfield, senior director of Alvarez & Marsal Reflections on personal insolvency law: an overview of 2023 (2024) 1 CRI 6 by Professor David Milman......
In this issue: Key R& I law developments Corporate insolvency and processes Restructuring Directors and insolvency Insolvency litigation R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals New content Key R& I law developments Insolvency Service publishes monthly insolvency statistics for January 2024 The Insolvency Service has released its monthly statistics for January 2024, covering both corporate and personal insolvencies. The figures show 1,769 company insolvencies were recorded, 5% higher than January 2023 and exceeding levels seen while government support measures were in place in response to coronavirus ( COVID-19). For individuals, total insolvencies in January 2024 reached 8,089, a 4% increase on January 2023. See: LNB News 16/02/2024 60. Corporate insolvency and processes Loveridge v Povey, Loveridge v Loveridge The Chancery Division rejected the applicant’s two applications in proceedings relating to the...
Consult Practice Notes: Part 26A restructuring plan deal debrief— The Good Box Labs Co Ltd (in administration), Part 26A restructuring plan deal debrief— CFG Investments SAC, Part 26A restructuring plan deal debrief— ED& F Man Holdings Ltd and Part 26A restructuring plan deal debrief— Hong Kong Airlines Ltd. For an outline of restructuring plans, see: Restructuring plan—overview......
Mercy Global Consult Ltd (in liquidation) v Adegbuyi- Jackson and others [2024] EWHC 171 ( Ch), [2024] All ER ( D) 25 ( Feb) What are the practical implications of this case? Arising on a consequentials hearing after a trial that granted equitable compensation for breach of duty, this ruling clarifies how that compensation should be assessed where proprietary remedies for the same breaches have also been made out. The guiding principle is restorative: the court's role is to return the claimant to the position they would have occupied but for the breaches. To avert over-recovery, the value realised through any successful proprietary claim must be credited in the calculation; absent such credit, the claimant would receive more than the actual loss and thus be over-compensated. What was the background?......
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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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