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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 are the practical implications of this case? When proposing an MVL, directors must ensure their advisers receive every pertinent detail. If a liability is overlooked or contested, the MVL will almost inevitably have to switch to a CVL unless that sum is settled in full within 12 months, or any shorter timeframe set out in the directors’ declaration. The liquidator has no latitude to prolong this window. Under IA 1986, s 95, the liquidator is under a duty to effect conversion from MVL to CVL within seven days of concluding that the 12‑month cut-off (or any shorter period specified by the director(s)) will not be achieved. Once an MVL is underway, creditors of the company gain the advantage in any dispute because the 12‑month MVL deadline cannot be lengthened. Directors should also note that disputed sums are treated no...
In this issue: Key R& I law developments Industry/sector guides for R& I lawyers Personal insolvency Corporate insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Key R& I law developments Insolvency Service issues May 2025 monthly statistics The Insolvency Service has released its May 2025 figures on corporate and individual insolvencies in England and Wales. There were 2,238 company insolvencies, an increase of 8% on April 2025 and 15% above the same month a year earlier. Individual insolvencies totalled 10,014, broadly in line with April 2025 and 5% higher than in May 2024. See: LNB News 20/06/2025 58. ICAEW announces JIC’s consultation launch on comprehensive SIP 14 insolvency practice updates The Institute of Chartered Accountants in England and Wales has confirmed the Joint Insolvency Committee has opened a 12-week...
In this issue: Key R& I law developments Personal insolvency Directors and insolvency Insolvency litigation Pensions and insolvency R& I in Scotland International restructuring and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals Key R& I law developments DBT publish second progress report on Economic Crime Act implementation The Department for Business and Trade has released its second annual progress report on delivering the Economic Crime and Corporate Transparency Act 2023. It records the making of over 20 statutory instruments and sets out new Companies House compliance activity, comprising 82,600 registered office address changes and 419 penalty warning notices. The timeline maps milestones to end-2026, with compulsory identity verification from autumn 2025 and full limited partnership reforms by end-2026. Using strengthened powers, Companies House reports finding £50m in UK property...
The Secretary of State for Business and Trade v Greensill [2025] EWHC 1380 ( Ch) What are the practical implications of this case? In practical terms, this case is a reminder that only in rare and compelling situations will concurrent proceedings in another jurisdiction justify a stay of English disqualification proceedings. The courts have repeatedly emphasised that it is seldom in the interests of justice to make a disqualification application await the outcome of other civil litigation, whether because of the perceived danger of inconsistent judgments, or at all. That position was clearly demonstrated in Re Rex Williams Leisure plc [1994] Ch 1 at paragraph 16 by Sir Donald Nicholls VC at first instance, and then again in the Court of Appeal at [1994] Ch 350, where Hoffmann LJ held that the Vice‑ Chancellor was entirely correct in his conclusions and described as quite absurd the...
Corporate Rescue and Insolvency The June 2025 issue of Corporate Rescue and Insolvency is now accessible via Lexis +® UK (subscription required). This edition features the following new articles: Restructuring plan round-up: key developments in the High Court (2025) 3 CRI 63 by Caroline Platt, senior associate and Rob Gray, associate, at Freshfields LLP Norwich Pharmacal Orders: marking the boundaries (2025) 3 CRI 65 by James Morgan KC and Zachary Kell, barristers practising at Radcliffe Chambers Reframing the rule in Ex p.......
The court allowed targeted amendments to the application dealing with misfeasance and breach of fiduciary duty, on the footing that these did not introduce fresh causes of action and that it was appropriate to exercise its discretion to permit them. By contrast, the court declined permission for an amendment advancing new causes of action concerning unlawful distribution of capital, because it lacked discretion to grant such permission (and, had it possessed it, would have declined to use it). Written by Martin Young, senior associate at CMS Cameron Mc Kenna Nabarro Olswang LLP. Ley and another (as joint liquidators of CL Realisations 2020 Ltd) v Suttle and another [2025] EWHC 796 ( Ch). What are the practical implications of this case? The judgment offers practical guidance on the outer limits of permissible amendments to heads of claim in the insolvency sphere, and on the...
In this issue: Key R& I law developments Corporate insolvency processes Personal insolvency Restructuring Directors and insolvency Insurance and insolvency Daily and weekly news alerts Corporate Rescue and Insolvency ( June 2025) Key dates for restructuring and insolvency professionals New Q& As Key R& I law developments Insolvency Service appoints first crypto specialist amid rising digital asset cases The Insolvency Service has recruited its first crypto intelligence specialist to strengthen digital asset recovery in bankruptcy and criminal matters. Former police investigator Andrew Small has joined the Investigation and Enforcement Services team as cryptoasset activity has jumped 420% over the past five years. In 2024–25, the Official Receiver Service identified £523,580 in cryptoassets across 59 insolvency cases, a striking rise from £1,436 found in 14 cases in 2019–20. This marked escalation highlights the increasing...
Practice Note: Official receivers - personal insolvency Consult Practice Note: Official receivers - personal insolvency...
In this issue: Personal insolvency Corporate insolvency Document review Directors and insolvency Insolvency litigation Creditor's participation The office-holder International restructuring and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Personal insolvency Judgment Alert: Mobile Telecommunications Company KSCP v Al Saud [2025] EWCA Civ 681 The Court of Appeal ( Civil Division) rejected the petitioner’s application ( Mobile Telecommunications Company KSCP) for permission to appeal the dismissal of its bankruptcy petition against Prince Hussam bin Saud bin Abdulaziz al Saud ( Prince Hussam). The court found no realistic prospect that the petitioner could overturn the judge’s factual conclusions that, during the relevant three-year period preceding the petition, Prince Hussam did not have a ‘place of residence’ in England and Wales, as required by section...
Carvill- Biggs and another v Reading [2025] EWCA Civ 619 What are the practical implications of this case? The scope of an office-holder’s authority to recover ‘any property’ under IA 1986, s 234 plainly embraces real property and any estate or interest subsisting in such property. Upon the appointment of receivers, they are granted broad managerial powers, notably to take possession of and sell the asset for the lender’s benefit to satisfy the secured borrowing. From the time receivers are appointed over mortgaged land—or remain in post following an administration or liquidation—the asset no longer constitutes property ‘which the company is or appears to be entitled’. As a result, that real property cannot ground an application under IA 1986, s 234. The Civil Procedure Rules apply to insolvency matters unless disapplied or inconsistent with the Insolvency ( England and Wales) Rules 2016, SI...
Sanrose Investment Ltd v Foley and others; FWJ Legal Ltd (trading as Francis Wilkes & Jones) v Courtman and others [2025] EWHC 1071 ( Ch) What are the practical implications of this case for insolvency practitioners? Insolvency office-holders should, as ever, adopt a careful yet proportionate, principled, reasoned and impartial method when adjudicating proofs of debt, and record their rationale through a transparent audit trail. Taking this course should protect them from personal liability for costs even if a creditor (or any other party with standing) successfully contests the decision. What are the practical implications of this case for legal advisers? Legal advisers should press office-holders to use an evidence-led evaluation of claims, particularly where the creditor is connected to the company and/or the facts are uncertain. Office-holders should also be urged to obtain legal advice—and follow it—where issues of law influence the...
Manolete Partners plc v Brown and others [2025] EWHC 522 ( Ch) What are the practical implications of this case? This ruling confirms that although directors and other fiduciaries must exercise due care when preparing and maintaining a company’s books and records, that responsibility is not without boundaries. It makes plain that expectations around compiling and retaining corporate records have limits. The court sets a firm boundary, turning chiefly on the timing of a director’s resignation and identifying which obligations persist thereafter. In doing so, it clarifies which duties remain in force and which fall away once a director steps down. The decision will be of particular interest to claimants who might otherwise too readily lean on the claimant-friendly approach in Re Mumtaz Properties Ltd [2011] EWCA Civ 610, [2011] All ER ( D) 237 ( May). Here, the court...
In this issue: Key R& I law developments Corporate insolvency processes Personal insolvency Restructuring Directors and insolvency The office-holder Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Key R& I law developments Doyle, Keay and Curl, 13th edition, is out in print and online, setting out the full texts of the principal statutory provisions within a compact single volume. It is curated each year and comes with comprehensive, expert annotations......
Judge Mark Pelling held that Dimitrios Somovidis cannot ‘ring‑fence’ elements of his worldwide assets by contending that Beograd Innovation Ltd is barred from suing him in England due to Russian bankruptcy proceedings begun by a predecessor of the claimant. The judgment records an ongoing dispute between the parties over two ‘significant properties’ in England, including, notably, Somovidis’ longstanding family residence. In a 27 May 2025 statement, Steptoe International ( UK) LLP, acting for Beograd Innovation, welcomed the refusal of Somovidis’ bid to contest the English Court’s jurisdiction to hear the case and expressed satisfaction with the outcome. Steptoe noted that the decision affirms key legal principles on the enforcement of foreign judgments in England, notably in circumstances where defendants have moved here and possess assets within this jurisdiction. The Court, it said, rightly acknowledged that their client should not be deprived of...
What does the Market Insights Trend Report cover? The Market Insights Trend Report delivers a comprehensive examination of the RPs reviewed by the courts in 2024. It also offers perspective on key patterns and outlines what we, with our contributors, anticipate for 2025 and beyond......
Re Madagascar Oil Ltd [2025] EWHC 1015 ( Ch) What are the practical implications of this case? This judgment marks the first reported approval of an English restructuring plan that splits two creditors into separate classes, establishing a benchmark for using the fewest possible classes to ring-fence objecting creditors. Businesses can be more confident about placing creditors into tailored classes even where they would share the same insolvency ranking, provided the plan delivers materially different outcomes for them. The ruling endorses recognition of divergent creditor interests where it is not feasible for those creditors to confer with a view to their common interest... What was the background? Madagascar Oil Ltd ( MOL) is a Mauritian-incorporated company with its head office in the UK. It forms part of a group that includes its operating subsidiary, Madagascar Oil SA ( MOSA), and its parent, BMK Resources Ltd ( BMK). The group...
Bluestone Mortgages Ltd v Stoute and others [2025] EWHC 755 ( Ch) What are the practical implications of this case? This ruling carries material consequences for creditors—particularly mortgage lenders—and those who advise them. The court confirmed that if a secured liability comprises both qualifying (moratorium) and non‑qualifying strands, any step to enforce a judgment or security, including a possession order, requires the court’s leave where any part of the balance sits within a moratorium. Read this way, the Regulations, SI 2020/1311, reg 7, give primacy to the debtor’s mental health and guard against enforcement tactics that might sidestep statutory safeguards through fine legal niceties. For practitioners, the message is to proceed with care and strict procedural discipline. Before moving to enforce, lenders should analyse the character of each element of the indebtedness, and consider applying for permission whenever moratorium debt, however small, forms part of the total sum....
In this issue: Corporate insolvency processes Restructuring Directors and insolvency The office-holder Creditors' participation Property insolvency International restructuring and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content New Q& As Corporate insolvency processes Insolvency Service announces winding up order against Kent renewable energy retailer The Insolvency Service confirmed a High Court order to wind up Renugen Ltd, a Kent-based retailer of renewable energy products, after a probe. The ruling followed findings of £74,570 worth of undelivered orders to 34 customers, with just £15,265 repaid to affected customers. Enquiries also showed the business kept trading despite declaring no activity for 2021–2023, processed £48,000 in unexplained cryptocurrency transactions unrelated to its products, and operated six business bank accounts, two of which were closed after scam complaints raised. The Official Receiver is appointed as liquidator of the company. See: LNB News 12/05/2025 28. Insolvency Service reports closure of London art gallery company over...
Kington Sarl v Thames Water Utilities Holdings Ltd [2025] EWHC 84 ( Ch) What are the practical implications of this case? Kington v Thames Water establishes that, even if expert material is not absolutely required to decide the issues yet could still assist, the court will weigh its relevance against the effect its admission would have on case management, and will permit it only where that course is proportionate. That balancing exercise looks at how helpful the evidence is, set against the disruption its inclusion may cause to the conduct and timetable of the proceedings, before deciding whether it should be adduced. On accelerated timetables—frequent in insolvency and restructuring—the imperative is to seek permission to rely on experts without delay, so that reports and replies can be built into the schedule without unnecessary disturbance. Parties should put forward robust,...
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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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