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Difficult times lie ahead for the hospitality sector

The government’s monthly insolvency statistics for August 2022 present a concerning trend for companies hoping to weather the storm amid the current economic crisis. Largely driven by creditors’ voluntary liquidations, company insolvencies were...

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IR35 reforms to be repealed: end-user liability to end from April 2023

UPDATE: On 17 October 2022, the new Chancellor, Jeremy Hunt MP, announced that the current post-2017 IR35 (off-payroll working) regime would be retained, thereby reversing what was announced in the September “mini-budget”. One of the many...

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Sole directors: clarity for companies with unamended model articles

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...

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Commercial and technology contracts legal A-Z: I is for indeminity

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...

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Was it discriminatory to grant special paid leave during the Covid-19 pandemic?

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...

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Brexit Freedoms Bill: what employers need to know

The government has announced that the majority of 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...

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Share incentive plan obligations transferred under TUPE

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...

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Compulsory mediation - an opportunity for small claims triage?

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...

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UK AI regulation update: a new rulebook?

The use of artificial intelligence (AI) in the life sciences industry is rapidly advancing, with promising applications in drug discovery, clinical trials, and patient diagnosis. AI is a particularly useful tool for life sciences businesses given its ability...

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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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What do employers need to do following the end of Covid-adjusted right to work checks?

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...

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Buyer beware: key issues for purchasers in pre-pack sales

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...

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Q: What are the key features of a lease, a license and a tenancy at will?

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...

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The operation and impact of a Part 26A restructuring plan on guarantors

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...

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Scale-up visa route: a hindrance or a help to UK businesses?

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...

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The arguments for compulsory mediation

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...

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From "Wagatha Christie" to "Dr Bitcoin" - a reminder of the potentially catastrophic consequence of downfalls in disclosure or errant evidence

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...

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Is a party obliged to comply with an ADR clause, before bringing a claim in court?

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...

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Commercial and technology contracts legal A-Z: H is for heads of terms

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...

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Extension of the Recovery Loan Scheme

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...

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UK AI regulation update: a new rulebook?

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...

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The new scale-up visa

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...

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Public holiday for the Queen's funeral: your questions answered

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...

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CIGA Report March 2022: assessing the impact of the new insolvency provisions

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....

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Commercial and technology contracts legal A-Z: G is for Governing Law

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...

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ICO strategy 2025

Following the appointment of John Edwards as the head of the Information Commissioner’s Office (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...

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Has serving English court proceedings out of the jurisdiction got easier?

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...

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The CJEU: widening the definition of sensitive personal data

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...

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Government responds to consultation and publishes employment status guidance

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...

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New proposals to improve cooperation and efficiency of cross-border insolvencies

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...

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