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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Key R& I law developments Restructuring Insolvency litigation Corporate insolvency processes Directors and insolvency R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals Key R& I law developments Insolvency Service publishes January 2024 enforcement outcomes management information The Insolvency Service has updated its enforcement outcomes management information tables with January 2024 data. The figures show 111 director disqualifications and 12 bankruptcy and debt relief order restrictions that month, following enforcement by the Insolvency Service. See: LNB News 12/02/2024 32. Restructuring Adler appeal—restructuring plan sanction order overturned ( Re AGPS Bondco plc) This decision concerns a successful appeal against a sanctioned restructuring plan. A German property group proposed a plan to allow an orderly wind-down (the Plan). The sanction hearing saw the first fully contested valuation challenge under the plan...
Re FX Solutions Ltd (in liquidation), re Global FX.com Ltd (in liquidation); Lindsay v O’ Loughnane [2023] EWHC 2247 ( Ch) What are the practical implications of this case? This judgment makes no material addition to the legal landscape, nor does it meaningfully develop existing principles. Even so, it draws attention to three points that are too often missed in practice: a determined creditor may secure recovery where a liquidator cannot or will not act a creditor has standing to pursue a claim under IA 1986, s 212 IA 1986, s 212 disapplies any limitation period for actions involving fraud and for reclaiming trust property from a trustee What was the background? The companies’ business consisted of executing foreign exchange transactions. A engaged their services on several occasions as a returning customer. R2 served as managing director; his wife, R1, was likewise a...
Re Cineworld Group plc [2023] EWHC 3006 ( Ch) What are the practical implications of this case? The judgment provides a thorough analysis and timely reminder of the applicable jurisdictional gateways in paragraph 11 of Schedule B1 to the Insolvency Act 1986 ( IA 1986) for granting an administration order. In the context of a major global restructuring, it is noteworthy that Mr Justice Leech attached substantial weight to the observations of the US Bankruptcy Judge who had rigorously examined the Chapter 11 reorganisation plan, the depth of that review, and the plan’s backing from a large majority of creditors. The desirability of the plan’s success for both the US Bankruptcy Court and creditors globally materially influenced the application for an administration order. Where an administration application is pivotal to the effectiveness of a broader, cross‑border restructuring or...
Bouchier and another v Booth and another [2023] EWHC 3195 ( Ch) What are the practical implications of this case? This ruling does not alter the law, yet it demonstrates how to establish a claim for fraudulent trading under IA 1986, s 213, as well as a claim for fraudulent breach of directors’ duties under CA 2006, s 172. Its careful analysis of fraud and dishonesty in the insolvency context provides a practical framework for practitioners navigating a challenging area. Intention to defraud contains both subjective and objective components (see paras [24]–[25]). There is no statutory definition of ‘carrying on business with intent to defraud’; however, an applicant need not prove the respondent intended another to suffer an ultimate, actual loss (see para [26]). IA 1986, s 213 should be given a broad construction (see paras [27]–[30]). Not every instance of...
Guy and other companies v Brake and others [2023] EWHC 3179 ( Ch), [2024] All ER ( D) 19 ( Jan) What are the practical implications of this case? The court retains a discretion over whether to make any order as to costs at all. It is relatively common for the court to be unable to identify which side has succeeded; for example, where the parties have reached a settlement, or subsequent developments make it pointless to continue with the application or the litigation (as was the position on these facts). This judgment sets out a useful summary of the principles applicable in these circumstances......
East Riding of Yorkshire Council (as administering authority of the East Riding Pension Fund) v KMG SICAV- SIF- GB Strategic Land Fund [2023] EWHC 2884 ( Ch), [2023] All ER ( D) 160 ( Jul) What are the practical implications of this case? The judge applied the well-established approach in VTB Capital plc v Nutritek International Corporation [2013] UKSC 5 (paras [5] and [164]), requiring a creditor, seeking permission for service out, to demonstrate: that there is a serious issue to be tried on the substantive merits of the claim that there is a good arguable case justifying service out of the jurisdiction and, in all the circumstances, that England is clearly or distinctly the appropriate forum for the trial of the dispute, and that the court should exercise its discretion to permit service out of the jurisdiction The judge noted the low threshold inherent in the...
What are the practical implications of this case? This decision highlights the practical hurdles in pursuing summary judgment, particularly where opponents may produce additional evidence at the eleventh hour. Coupled with the burden of proof, the obligation to show no real prospect of success imposes a demanding threshold that applicants often struggle to satisfy. Although the court may scrutinise the respondent’s evidence, it does so with marked caution to avoid conducting a mini-trial. The case also serves as a further reminder of the realities of litigating against certain litigants in person. Here, despite the respondent seemingly failing to engage constructively with the liquidator ahead of the hearing, he was nevertheless permitted to put forward evidence that disrupted the summary judgment application. Those advising on the prospects of applications of this kind against litigants in person should factor in the added risk that fresh...
In this issue: Restructuring Key R& I law developments Personal insolvency Directors and insolvency Insolvency litigation Lex Talk®Restructuring & Insolvency: a Lexis®Nexis community Daily and weekly news alerts Key dates for R& I professionals New content Restructuring Restructuring plans guidance on disclosure and extending timetable for sanction hearing ( Re CB& I UK Ltd) Where there is a marked imbalance of information, dissenting creditors are likely to secure disclosure orders. Court orders will not usually require a party to generate new documents; disclosure is confined to material that already exists. If the convening hearing provides inadequate information, the court may adjust the sanction timetable so parties can identify issues and prepare the evidence to be relied upon. See News Analysis: Restructuring plans guidance on disclosure and extending timetable for sanction hearing ( Re CB& I UK...
Tracker of Part 26 scheme/ Part 26A restructuring plan hearing dates 2024 [ Archived] Consult Practice Note: Tracker of Part 26 scheme/ Part 26A restructuring plan hearing dates 2024 [ Archived]. For outlines of restructuring plans and schemes of arrangement, see: Restructuring plan—overview and Schemes of arrangement—overview......
Re Atento UK Ltd [2023] EWHC 3076 ( Ch) What are the practical implications of this case? This decision sits among the few published rulings where the court has examined applications to approve Part 26A restructuring plans under CA 2006, s 901F. The judgment predates the Court of Appeal’s decision in Adler [2024] EWCA Civ 24 and makes no mention of it. Even so, it confirms that, where plans do not entail cross-class cram downs and secure strong majorities across creditor groupings, the court will accord substantial weight to creditor views and is inclined towards granting sanction. The ruling also distils concise guidance—drawing on Part 26 scheme jurisprudence—on the proper approach to restructuring plans that feature an international element. What was the background? Two companies within the Atento group—described in the judgment as Atento UK and the Issuer (together, the Plan...
Nilsson and another v Iqbal and another [2024] EWHC 49 ( Ch), [2024] All ER ( D) 68 ( Jan) What are the practical implications of the case? The decision confirms that a potential proprietary estoppel must be addressed even where it is not advanced by formal pleadings. The dispute was determined within a possession and sale application issued by Mr Iqbal’s trustee in bankruptcy, using an Insolvency Act 1986 application notice. Mrs Iqbal relied solely on witness statements to put forward a proprietary estoppel, without any application to serve formalised pleadings. The court nevertheless considered that defence and engaged with the point in its judgment. The ruling also serves as a reminder that unseating an express declaration of trust in a form TR1 is exceptionally challenging. The starting point is that such a declaration is conclusive. The three routes to displace the...
In this issue: Key R& I law developments Corporate insolvency processes Directors and insolvency R& I in Scotland International restructuring and insolvency Lex Talk®Restructuring & Insolvency: a Lexis®Nexis community Daily and weekly news alerts Key dates for R& I professionals Key R& I law developments Insolvency Service publishes statistics for October to December 2023 The Insolvency Service has issued Q4 2023 data on personal and corporate insolvency. It records a 3% quarter-on-quarter rise in individual insolvencies versus Q3 2023, while debt relief orders ( DROs) reached their highest volume since their launch in 2009. Company insolvencies were also 9% higher in Q4 2023 compared with Q3 2023. See: LNB News 30/01/2024 68. Corporate insolvency processes Application for an injunction to restrain presentation of a winding-up petition ( Just Trays Ltd v Emu Products Ltd) After receiving a statutory demand from Emu...
Just Trays Ltd v Emu Products Ltd [2024] EWHC 29 ( Ch), [2024] All ER ( D) 55 ( Jan) What are the practical implications of this case? This judgment underscores that carefully marshalled evidence, directly engaging with the questions the court must resolve, is essential to showing a triable issue with real prospects of success. The judge remarked that JTL’s evidence was precise and comprehensive, notably in explaining the computation of particular sums, and it also relied on EPL’s own papers. The court contrasted this with EPL’s material, which did not adopt the same structured approach to revealing how its figures had been put together. The decision further reiterates the governing test for an injunction restraining presentation, and it offers a useful point of comparison with Bridger & Co Ltd v Specialist Lending Ltd (t/a Duologi) [2023] EWHC 2562 ( Ch), [2023] All ER ( D) 89 (...
On 12 January 2024, the United Kingdom formally put its name to the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil and commercial matters (the Hague Judgments Convention). This News Analysis examines what the Hague Judgments Convention sets out, and why the UK’s decision to join it is especially significant for Banking & Finance practitioners in particular. What is the Hague Judgments Convention? The Hague Judgments Convention establishes a shared framework of rules for recognising and enforcing civil and commercial court decisions originating from States that become parties to it (the Contracting States). The EU and Ukraine are, at present, Contracting States to the Hague Judgments Convention; however, a range of other states have signed, among them the US and, now, the UK. The Tracker— Hague Judgments Convention offers details on whether a jurisdiction has signed the...
Restructuring & Insolvency weekly highlights—25 January 2024 In this issue: Key R& I law developments Restructuring Corporate insolvency processes Directors and insolvency Insolvency litigation Property insolvency Insurance and insolvency R& I in Scotland Daily and weekly news alerts Key dates for R& I professionals New and updated content Key R& I law developments Companies House announces change to company law expected 4 March 2024 Companies House has indicated it plans to implement changes to company law under the Economic Crime and Corporate Transparency Act 2023. Timing depends on parliamentary scheduling and will not be before 4 March 2024. The initial package will bring powers to question information and request evidence, tougher checks on company names, new rules for registered office addresses, a duty to provide a registered email address, and a confirmation on incorporation that the company is formed for a lawful purpose. It will also allow the register to be annotated where entries appear unclear or...
The Scottish Economy and Fair Work Committee has raised concerns about the proposed mental health moratorium which is to be contained in the Bankruptcy and Diligence......
Commercial and Interregional Card Claims I Ltd v Mastercard Incorporated [2024] CAT 3 The Competition Appeal Tribunal ( CAT) concluded that litigation funding arrangements are not damages‑based agreements ( DBAs) where the funder’s remuneration is calculated as a multiple of the finance advanced, rather than as a share of any damages recovered, reflecting a different model from that considered by the Supreme Court in PACCAR. On that basis, such funding terms were held to be enforceable for applications seeking both opt‑in and opt‑out collective proceedings orders in the case referenced above. The CAT’s reasoning mirrors its earlier ruling in the Sony matter ( Alex Neill Class Representative Ltd v Sony Interactive Entertainment Europe Ltd and another company [2023] CAT 73), which likewise determined that a multiple‑based return does not amount to a DBA— even if, as in the present case, the funder’s...
In this issue: Key R& I law developments Corporate insolvency processes Insolvency litigation Directors and insolvency Financial institutions Daily and weekly news alerts Key dates for R& I professionals New and updated content Latest Q& A Key R& I law developments Insolvency Service issues December 2023 monthly statistics The Insolvency Service has released its December 2023 figures on corporate and personal insolvencies. A total of 2,002 company insolvencies were recorded, surpassing both December 2022 and pre-coronavirus ( COVID-19) levels. For individuals, December 2023 saw 6,584 insolvencies, a 20% decrease compared with December 2022. See: LNB News 16/01/2024 42. Corporate insolvency processes Water Industry ( Special Administration) Regulations 2024 SI 2024/ Draft These draft Regulations update the special administration regime for water industry companies—those referred to in section 23(1) of the Water Industry Act 1991 ( WIA 1991)—to align with...
Transworld Payment Solutions UK Ltd v First Curacao International Bank NV [2023] EWHC 2407 ( Ch) What are the practical implications of this case? The decision sets out, with frequent reference to earlier authorities, how the court approaches the question of whether to exercise its unfettered discretion to grant a CMO under CPR 3.12(1)(e). While the power is broad, a range of pertinent factors must still be evaluated. Notably for insolvency practitioners and those financing insolvency proceedings, the court placed significant weight in favour of making the order on the fact that the action was pursued by a liquidator, for the benefit of creditors, with litigation funding, notwithstanding that the liquidator could earn substantial remuneration if recoveries surpassed 50%. A CMO offers certainty around potential costs exposure, allowing all parties—particularly the liquidator—to manage risk, for example by arranging...
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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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