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Articles

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Assignment of claims by a liquidator - Court of Appeal affirms the "formidable" test for challenging an officeholder's decision

In  Re Edengate Homes (Butley Hall) Limited (in liquidation) [2022] EWCA Civ 626 , the Court of Appeal considered a challenge to an assignment of claims by a liquidator. In dismissing the appeal, the court affirmed the formidable test to be...

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How can hospitality providers avoid insolvency in the months ahead?

The recent company insolvency statistics for Q1 2022 show the number of company insolvencies is continuing to increase. The figures show creditors’ voluntary liquidations as being the most common procedure followed by compulsory liquidations –...

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The Commercial Rent (Coronavirus) Bill - What now for landlords and tenants?

Since the start of the pandemic landlords have faced a number of obstacles put in place by the government to prevent them seeking to enforce non-payment of sums due in respect of commercial tenancies. Fortunately for landlords, there is now light at the end...

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Trust Registration Service (TRS)

Recent years have seen an increasing drive on a global scale to combat the threats of tax evasion, money laundering and terrorist financing. A number of these measures affect trustees, imposing broad and onerous compliance obligations. Rules contained...

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Q&A: How can I get out of my commercial lease?

There are a number of reasons why a commercial tenant may want to end their lease earlier than expected and these are the main options that might be available to do so: Let the term expire Check the contractual term of your lease. If it is due to...

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Pandemic-related fraud - are directors being held to account?

Government-backed loan schemes implemented to assist ailing businesses during the pandemic have been subject to widespread abuse. An estimated £4.9bn of the £47bn invested in business support loans during the life of the pandemic is thought have...

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Directors behaving badly - how to spot company fraud

Directors are charged with promoting the success of a business and owe certain duties to shareholders, designed to hold them accountable and to keep them honest in their positions of power. But what happens if one of the directors suspects foul play among...

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Helpful COVID-19 judgment for employers

Employers will be relieved by a recent Employment Appeal Tribunal (EAT) judgment that found that an employee was not automatically unfairly dismissed when he left the workplace in circumstances he claimed were of serious and imminent danger relating to...

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The importance of environmental, social and governance (ESG) values

The average person is now far more environmentally aware and socially conscious than ever before. Stakeholders are demanding transparency and accountability from businesses and expect businesses to operate their businesses to take into account environmental,...

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Losing the private keys to your bitcoin - can you force developers to help you out?

The recent case of Tulip Trading Ltd v Bitcoin Association For BSV & Ors [2022] EWHC 667 (Ch) has led to a landmark judgment ruling on the law relating to block chain and encryption technology. The English courts had to consider for the first time...

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Know your limits: deadline for suspending a bankrupt's discharge under section 279(3) of the Insolvency Act 1986

The deadline for obtaining an order to suspend discharge from bankruptcy is absolute, as confirmed in the recent case of Paul Allen (as Trustee in Bankruptcy) v Pramod Mittal (in bankruptcy) [2022] EWHC 762 (Ch). Background On 19 June 2020, Mr Mittal...

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Q&A: My lease is coming to an end. What do I need to do?

A lease can come to an end in a number of different ways. You should prepare for the end of your lease term in advance and consider the following before you vacate the property: Rent Deposit If you provided a rent deposit to your landlord, this should...

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Residential Property Developer Tax (RPDT) now payable

As part of Michael Gove’s plan to raise the money required to remedy unsafe cladding, a 4% tax is now payable on the trading profits of companies and groups of companies generated from the development of residential land that exceeds the...

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Estate administration: the digital assets dilemma

The rapid increase in the range and prevalence of digital assets over the past few years is creating an ever-widening gap between the technologies available to the public and the lumbering legal systems struggling to catch up. Legislation governing vital...

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The Queen's Jubilee: are all employees entitled to the day off?

This year, in honour of the Queen’s Platinum Jubilee, marking an unprecedented 70 years on the throne, the normal spring bank holiday has been moved from the last Monday in May to Thursday 2 June. An additional Platinum Jubilee bank holiday has...

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Now the face masks and gloves are off - it's time to tackle disputes

For the last two years, the UK life sciences sector has demonstrated a real spirit of collaboration in an effort to tackle Covid-19. In an article published in Pharmaceutical Market Europe , Catherine Penny considers the extent to which the current...

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Q&A: I want to assign my lease. What do I need to consider?

Assigning your lease is a way to dispose of your legal interest in the lease by transferring it to a third party. The incoming tenant will “step into the shoes” of the outgoing tenant and take on the tenant obligations under the lease. If you...

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Smart contracts - what are they and how do they fit in with traditional contracts?

Smart contracts – fruit of the nascent distributed ledger technology – are an emergent disruptor to the legal landscape, but what are they and how do they fit in with traditional contracts? You might be forgiven for thinking that contract law in...

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What's on the D&I agenda for employers?

The government has published its response to the report published in March 2021 by the Commission on Race and Ethnic Disparities. The government has produced a policy paper entitled, “Inclusive Britain”, setting out a number of action...

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Exclusion clauses: Court of Appeal awards significant damages for wasted expenditure

The recent Court of Appeal judgment in Soteria Insurance limited (formerly CIS General Insurance Limited (CISGIL)) v IBM United Kingdom Limited 2022 EWCA Civ 440 has overturned the High Court’s interpretation and analysis of a common exclusion clause...

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The question worth £80m: does an exclusion for loss of profit, revenue and savings exclude a claim for wasted expenditure?

In a recent judgment from the Court of Appeal, the Court has ruled that "wasted expenditure" is distinct from "loss of profit", overturning a previous High Court decision that held that a limitation of liability clause which referred...

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Q&A: I want to exercise a break clause in my lease. What do I need to consider?

Exercising a break clause will allow you to terminate a lease before the expiry of the contractual term. However, in order to exercise a break right effectively, the break notice must be served in compliance with the lease terms and any conditions to the...

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Obligation to notify agency workers of vacancies with hirer does not extend to right to apply and be considered for vacancies

In the recent case of Kocur v Angard Staffing Solutions Ltd and another , the Court of Appeal held that the right for agency workers to be notified of any vacancies with the hirer pursuant to Regulation 13(1) of the Agency Workers...

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BEIS announce new statutory code of practice on fire and rehire

The shocking dismissal by P&O Ferries of 800 crew members without consultation in March 2022 caused a ripple of anger throughout the UK. In light of P&O’s actions, the Department for Business, Energy & Industrial Strategy (BEIS) has...

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Investing in the UK - immigrating to the UK is no longer a route paved with gold

The Investor route – or so-called golden visa – has been a popular immigration route into the UK for many years for high net worth individuals. Numerous changes have been made to this category over the years but, up until the sudden closure of...

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Authorised push payment fraud and the duties owed by the reasonably prudent banker

The recent Court of Appeal decision in Philipp v Barclays Bank UK plc [2022] EWCA Civ 318 has provided helpful clarity on the scope of banks’ Quincecare duties. It was confirmed that where a bank has reasonable grounds for believing that an order to...

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Electronic Money Regulations 2011: Court of Appeal holds no statutory trust imposed upon funds

The Court of Appeal has held that the Electronic Money Regulations 2011 do not impose a statutory trust in respect of funds received from e-money holders (who nonetheless enjoy priority status in respect of their creditor claims), providing some...

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Post pandemic remuneration: champagne problems?

With the 2022 bonus season in full swing, the pressure on businesses to wow their rockstar performers with “the number” has never been greater. When it comes to performance driven pay, the finance and banking sector has of course always led the...

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Consultation on voluntary and mandatory disability workforce reporting for large employers

The government’s consultation on disability workforce reporting closes at 11.45pm on 8 April. The consultation forms part of the government’s wider National Disability Strategy, which aims to create a fully inclusive society for the...

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Honest concurrent use - the importance of brand clearance searches

In February, the Intellectual Property Enterprise Court (IPEC) ruled on the scope of the honest concurrent use defence in trade mark proceedings concerning the “China Tang” mark. For those launching new brand names without carrying out basic...

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