Legal News

HM Treasury has released its so-called retrocession accord with Pool Reinsurance Company ( Pool Re), featuring adjustments first proposed in a formal 2022 review. Under the deal, insurers will carry greater risk retentions for standard types of terrorism. The reinsurer benefits from unlimited state guarantees to settle claims that surpass its £6.6bn fund, which is financed by members. However, HM Treasury is increasingly uneasy about the potential hit to the public purse from a large terror event. HM Treasury also confirmed that the arrangement will embed the reforms set out in its 2022 strategic review of Pool Re during that year as well......

The Code joins an expanding roster of UK cybersecurity measures, including: the Code of Practice for Software Vendors the Cyber Governance Code of Practice the Consumer Io T Code of Practice the Product Security and Telecommunications Infrastructure Act 2022 the Code of Practice for app store operators and app developers It also sits within a broader UK cybersecurity strategy that features a new UK Cyber Security and Resilience Bill and likely updates to the Network and Information Systems Regulations 2018, with the prospect of further legislation—for example, the recent consultation on ransomware payments. Background to the Code The UK Government acknowledged that software must be secure by design (a term familiar to those versed in data protection law) and that stakeholders across the AI supply chain need certainty on baseline security expectations. Developed by the Department for Science,...

Mobile Telecommunications Company KSCP v HRH Prince Hussam [2025] EWHC 85 ( Ch) What are the practical implications of this case? This dispute examined the jurisdictional bases available for a creditor’s bankruptcy petition under the Insolvency Act 1986, and in particular those contained in section 265 of that Act. The initial limb, concerning the debtor’s centre of main interests, was not applicable in this instance. Attention therefore shifted to the second limb in section 265: whether, during the three years leading up to the petition date (the relevant period), the debtor maintained a place of residence within the jurisdiction. Drawing together various and disparate strands from earlier authorities, the court expressly set out at [148] a clear and authoritative five-part framework that defines the quality and degree of occupation required to found jurisdiction in this context: first, the...

Wint v Walsall Metropolitan Borough Council ( ET Case No 1306321/2023). Carl Wint failed in his case against Walsall Metropolitan Borough Council, in the West Midlands, which operates the Rivers House site for vulnerable young people. The judgment, issued on 5 February 2025, found this was because nobody, Wint included, appeared truly offended by the comment at the material time. A three-member panel chaired by Judge Kate Edmonds held that Voodooism is a protected religion—a legal first in the UK. The panel said that after speaking with his family did he decide he wished to contest the conversation that had occurred. The tribunal stated the council, which runs the Rivers House site, ought to have considered handling the racial abuse complaint more formally. It noted that Wint's colleague was never asked about the remark, despite it being 'the crucial point to...

Corporate Rescue and Insolvency The newest edition of Corporate Rescue and Insolvency ( February 2025) is now accessible on Lexis +® UK (subscription required). This issue features the following articles: Safe as houses: modified universalism plays second fiddle to the immovables rule—(2025) 1 CRI 3 by Helen Coverdale of Norton Rose Fulbright LLP Part 26A restructuring plans: litigation lessons from Re Chaptre Finance pic [2024] EWHC 2908 ( Ch)—(2025) 1 CRI 5 178 by Yazmin Meadows of Pinsent Masons LLP Assigning insolvency......

Private actions Instaplanta ( Yorkshire) Limited v Leeds City Council (1688/5/7/24) has been re-filed before the CAT. This stand-alone action alleges an abuse of a dominant position by unfairly shutting the claimant out of the market for supplying environmentally friendly roadside advertising space in Leeds—see further, summary of claim. On 5 February 2025, the CAT issued an order in The BOC Group Limited and others v Fiat Chyrsler Automobiles NV (now Stellantis NV) and others. The damages action (the BOC Proceedings) targets truck manufacturers and relies on the European Commission’s 19 July 2016 decision into an alleged cartel concerning heavy and medium duty trucks. The BOC claimants have reached confidential settlement terms with Stellantis N. V., CNH Industrial N. V., Iveco S.p. A. and Iveco Magirus AG (the Iveco defendants). As a result, the CAT has dismissed the claims against the Iveco...

Mergers The Commission granted clearance for: the acquisition conferring joint control of BISA on Repsol and Bunge ( M.11571) after a phase I investigation—see further, Midday Express the acquisition leading to (i) joint control of National Amusements, Inc. by Lawrence J. and David Ellison alongside Redbird Capital Partners management LL. D., and (ii) sole control of Paramount Global by Lawrence J......

The ICO stresses it has acted swiftly in step with rapid advances in generative AI. Demonstrating this agility, it opened a consultation series in January 2024 focused on generative AI and data protection. Its aim was to set out how organisations might build and implement generative AI while meeting UK data protection duties, especially those in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The ICO highlighted that adherence to the data protection framework is paramount when using generative AI, as such models are commonly trained on vast volumes of personal data. The consultation raised worries about insufficient transparency over how personal information is used within generative AI, which in turn creates the risk that data protection rights could be undermined......

A dampening of anti-corruption efforts by the US, widely seen as the world’s policeman, has raised concerns about the potential impact on foreign bribery enforcement in Europe and beyond. A fortnight into his second term as US president, Donald Trump has rapidly reset the agenda for enforcers, most notably at the Department of Justice. His attorney general, Pam Bondi, has signalled that prosecutors should broadly treat bribery as a priority only when tied to suspected drug cartel activity. Within hours of taking office on 5 February 2025, Bondi moved to close the 15-year-old US Kleptocracy Initiative, its Klepto Capture Task Force and the Kleptocracy Asset Recovery Initiative, a trio that has over the years enabled the seizure of billions in stolen assets. Transparency campaigners in the US have voiced dismay at the likely fallout for enforcement. The sharp turn towards tackling...

The Chief Regulator A fresh post of Chief Regulator has been set up to scrutinise the EA’s delivery of regulation and champion best practice, underpinning the EA’s commitment to being an open, transparent watchdog. The report notes that 93% of more than 14,000 firms meet the terms of their environmental permits, though a minority of operators still cause harm. Over the past year, the EA has levied £8.7m in fines on these non-compliant businesses. The report stresses the importance of a proportionate approach that backs responsible companies while ensuring weak performers face consequences. Dr Nettleton urges that the EA be given ‘more teeth’ so decisive action is taken against those who breach environmental law, stopping them from securing a competitive edge through non-compliance. It is a refrain the EA has voiced before. The report also records that the EA has closed 63 illegal waste sites,...

Armeniakou v Thomson [2025] EWHC 149 ( KB) What was the background? The claimant had earlier secured a freezing injunction over the defendant’s assets in England and Wales, backing ongoing Greek proceedings then concerning a divorce settlement The claimant sought to widen the domestic order to capture the defendant’s assets globally, asserting he was dissipating, or at risk of dissipating, property overseas to evade any eventual final judgment The defendant’s estate comprised cryptocurrency, shareholdings in crypto-related companies, and also further property situated in Greece Earlier rulings recorded adverse findings about the defendant’s opacity and misleading evidence concerning his overall asset position Litigation over the divorce settlement was still continuing in Greece at the time What did the court decide?......

WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 ( Comm) What was the background? WH Holding Ltd ( WHH) and E20 Stadium LLP ( E20) were counterparties to a concession agreement (the Agreement) concerning the operation of the London Stadium situated in the Queen Elizabeth Olympic Park The Agreement included an anti‑embarrassment clause requiring WHH to pay E20 a Stadium Premium Amount if specified transactions by WHH’s shareholders occurred On 10 November 2021, WHH’s shareholders entered into arrangements to sell shares and to grant options connected with WHH’s ownership of West Ham United Football Club A dispute then arose between WHH and E20 as to whether, in light of those transactions, a Stadium Premium Amount became payable pursuant to the anti‑embarrassment clause The parties referred that dispute to an expert for determination in accordance with the Agreement’s expert determination clause, which provided that the expert’s decision would be final and...

' Contingency is not primary cover' Dominic Kendrick KC of 7 King’s Bench Walk, acting for Fidelis within a group of war-risks insurers, told the High Court that contingency insurance serves only as a back‑up, stepping in where the main policy should have paid out but did not. The proceedings aim to decide which insurers are responsible for losses suffered by lessors when their aircraft were left in Russia after the February 2022 invasion of Ukraine. ‘ Contingency is not primary cover,’ Kendrick said. ‘ It does not widen the risks beyond the loss insured in the first place.’ Beginning on 2 October 2024, the trial places contingent liability insurance policies under close scrutiny. This form of cover applies when loss or damage to aircraft falls under the principal policy, yet the insurer fails to respond. Six claims have been combined in what is...

On 6 February 2025, TPR advised trustees to also take into account the climate robustness of their scheme’s pension holdings when arranging a buy‑out of liabilities with an insurer. It added that evaluations should be undertaken using a voluntary, non-binding charter produced by the Accounting for Sustainability group, or A4S, first issued in February 2024. The group was established by King Charles in 2004, when he was the Prince of Wales. As its website states, it also seeks to motivate finance leaders to catalyse a fundamental shift towards resilient business models and a sustainable economy......

Lloyds Asset Leasing Ltd v HMRC [2025] UKFTT 57 ( TC) The appellant, Lloyds Asset Leasing Limited ( LAL), was one of 100 subsidiaries within Lloyds Banking Group ( LBG) that sought cross‑border group relief ( CBGR) in respect of losses suffered by Bank of Scotland Ireland Limited ( BOSI) in its Irish banking business. The issue on appeal was whether LAL was entitled to that relief under CTA 2010, Pt 5, Ch 3 ( CTA 2010, ss 111–128), provisions which have since been repealed. BOSI, a regulated Irish banking entity, had previously been a subsidiary of Halifax Bank of Scotland plc ( HBOS), but became part of LGB following the Lloyds group’s acquisition of HBOS during the 2008 financial crisis. The Irish economy was severely affected by that crisis and, in 2009, a strategic decision was taken that LBG would, going...

The German insurer’s UK division reported the total, an increase on the £142.38m exposed in 2023, arising from 33,027 fraud cases in 2024. According to Allianz, that equals 90 daily attempts valued at £430,000. Allianz added that spotting application fraud kept rising. This occurs when criminals use stolen identities to seek loans. Detection of application fraud continued to increase in 2024. The insurer noted 2024 saw more policy abuse, misrepresentation, and criminals masquerading as legitimate insurers, so-called ghost brokers. There was a high number of fraudsters posing as insurance companies in 2024. Ben Fletcher, Allianz UK’s fraud director, described insurance fraud as a 'serious problem' that pushes up the cost of policies......

Rus Chem Alliance LLC v Bayerische Landesbank What are the practical implications of this case? This ruling carries two notable practical consequences: It closely echoes an earlier judgment of the same court in a claim against Unicredit Bank Gmb H, thereby strengthening the Russian courts’ stance that any Russian party to an arbitration clause may unilaterally choose the jurisdiction of the Russian courts in any sanctions‑related dispute, on the basis that sanctions, by their nature, hinder a Russian party’s access to justice. In effect, more Russian parties are likely to bypass arbitration provisions and opt for Russian court proceedings, to the detriment of foreign counterparties. It further confirms that Russian courts will readily set aside an arbitration agreement with a non‑ Russian seat, will assume jurisdiction over disputes involving foreign parties, and will identify a rationale to apply Russian substantive law even where the parties have not...

Mr H ( CAS-50353- Y4X5) What are the practical implications of the Ombudsman’s decision? In this regrettable tale, Mr H found himself on the receiving end of numerous mistakes and slack scheme administration, a pattern that, as history records, was rife through the 1990s and beyond. The fundamental failing, as with many pension arrangements of that era, was the assumption that amendments could validly be introduced via informal notices to members, with no heed paid to the requisite formal and statutory requirements governing amendments to the scheme. The Pensions Ombudsman’s determination sits among a long line of decisions arising from that mindset, addressing the fallout of such practices, and serves as a clear warning to scheme administrators and their advisers that strict, letter‑perfect adherence to the scheme rules is essential. To the scheme’s credit, it eventually recognised its historic missteps and sought advice from...

On 5 February 2025, the broking and risk adviser reported in its Global Insurance Market Index that average costs kept sliding further in the last quarter of 2024, following a 1% decline between the second and third quarters of that same year. Marsh noted the steepest reductions late in 2024 were in the UK and the Pacific, where typical prices dropped by 5% and 8%, respectively, according to the report. In the US, rates were unchanged over the same time period, the report said. Globally, property insurance pricing fell by 3%, the study added. Casualty insurance rates were the only major class to register an increase across the......

Mergers The Commission approved: the takeover of exclusive control of Invesis Group B. V. by PGGM Vermogensbeheer B. V. ( M.11877) following a phase I investigation—see further, Midday Express the establishment of a joint venture by EQT Fund Management S.à rl and Leigh Investment Pte......