Articles

One of the many radical shake ups from the mini budget last week, was the announcement by the chancellor that the revised off-payroll working rules (commonly known as “IR35”) introduced in the public sector in 2017 and in the private sector in...

The High Court has held that where companies have adopted the model articles without amendment, any sole director acting has the power to pass resolutions acting alone. The decision is contrary to the view expressed in the recent case of Re Fore Fitness...

An indemnity is a provision in a contract under which one party promises to reimburse the other party for loss or damage suffered as a result of a specific event or circumstance. Indemnities commonly address liability arising from breach by one party of...

The Employment Appeal Tribunal (EAT) has confirmed that an employer’s paid special leave policy during the Covid-19 pandemic did not give rise to discrimination arising from disability or indirect sex discrimination. Special paid leave was offered to...

The government has announced that all retained EU laws will be “sunset” on 31 December 2023, enabling the UK “to create regulations tailor-made for its people”. Employers should expect a period of rapid change to the employment...

In the recent case of Ponticelli UK Ltd and Gallagher , the Employment Appeal Tribunal (EAT) held that an employer’s obligations under a partnership share agreement transferred to the buyer because the obligations arose "in connection...

The government’s consultation on compulsory mediation closed yesterday. The proposals are based around having  mandatory mediation for all defended small claims  in the county court (ie, most claims for under £10,000) and signpost...

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...

When the Covid-19 pandemic triggered a sudden nationwide shift to home working, the government introduced temporary adjustments to allow employers to conduct compliant right to work checks remotely via video calls, rather than in person. These adjustments...

With administration figures creeping back up after falling to low levels during the pandemic, the number of pre-pack sales of businesses in administration also appears to be on the increase. In such transactions, a purchaser acquires all, or substantially...

A: The occupation of a commercial property by a tenant can be documented in a number of different ways, including a lease, a licence and a tenancy at will. Each have their own advantages and disadvantages and the option that is most appropriate will...

The High Court has held an original tenant and guarantor of a lease liable for unpaid sums due where the new tenant had compromised its liabilities under the lease pursuant to a restructuring plan under Part 26A of the Companies Act 2006 (CA 2006). Read on...

The reality of recruiting overseas talent and transferring UK employees overseas post-Brexit has begun to bite, and in the current economic climate many businesses are struggling to grow and sustain themselves. Employers in the UK no longer have free...

Mediation is firmly established as a means of dispute resolution in commercial disputes and is the most commonly referred to form of alternate dispute resolution (ADR). It is essentially a structured settlement negotiation facilitated by an independent...

Disclosure and witness evidence are often the difference between success and failure in litigation. Partly because of that, they are also almost invariably the most expensive and time-consuming phases. It may be that the tension between the importance and...

It is not unusual for lawyers to espouse the importance of clarity in the drafting of commercial contracts, not only in the “front-end” terms, but also in the so-called “back-end” or “boilerplate” provisions whose content...

Heads of terms (sometimes also referred to as heads of agreement, a letter of intent, a memorandum of understanding, or a term sheet) are often entered into at the outset of a commercial transaction to document preliminary commercial terms agreed between the...

The government launched the Recovery Loan Scheme (RLS) on the 6 April 2021 to help businesses recover from the Covid-19 pandemic. We discussed the RLS criteria and how a RLS loan differs to various other Covid support measures when the scheme was first...

Earlier this summer, the UK set out its proposals for the regulation of artificial intelligence (AI) within the UK. The proposals aim to strike a balance between protection of the public whilst promoting innovation and are another step in the UK’s...

Introduced on the 22 August 2022, the new scale-up immigration route has been designed to assist fast-growing UK businesses seeking to attract top talent from abroad. The new route is envisioned as a flexible "fast-track" for sponsors and...

In one of his first acts as King Charles III, the monarch has announced that the day of the Queen’s funeral, Monday 19 September, will be a bank holiday across the United Kingdom. This will be the tenth public holiday in 2022 in England and...

Key Points The Part 26A restructuring plan has been broadly welcomed, with the "cross-class cram down" seen as an essential addition to the restructuring toolkit, if the UK is to maintain its international status as a restructuring jurisdiction....

The interpretation of a contract will be dictated by which country’s law governs it. Parties to an agreement can agree which law applies and, generally, this will be expressed in the governing law clause. A contract does not need to include a...

Following the appointment of John Edwards as the head of the Information Commissioner’s Office’s (ICO) the office recently launched the ICO 25 Strategy Plan (plan), setting out the ICO’s priorities for the next three years. The plan covers...

To sue a foreign party in English (and Welsh) courts, you need to be able to serve court proceedings on it. You may be able to serve individuals while they are in the jurisdiction, as Berevosky was finally able to do on Abramovich in 2007 when he spotted him...

The Court of Justice of the EU (CJEU) has made a preliminary ruling that the disclosure of personal information that may imply a person’s sexual orientation constitutes the processing of “special categories” of personal data for the purpose...

This summer, the government published the outcome of its employment status consultation which ran from February to June 2018. The consultation had sought views on the current employment status framework, focusing on feedback about its complexity, its...

In July, the Government published its report on The United Nations Commission on International Trade Law (UNCITRAL) introducing two new Model Laws with the aim of improving harmonisation of international trade and insolvency procedures: the Model Law on...

Three recent cases have brought to the fore the issues that arise in the workplace when workers express provoking and controversial beliefs. The law protects certain beliefs and makes it unlawful to subject employees to unfavourable treatment because of...

In the case of Kong v Gulf International Bank , the Court of Appeal (CoA) held that an employee was not automatically unfairly dismissed following the making of protected disclosures, as she was dismissed due to her conduct in making the disclosure; not for...