Publications

Data has always been important in financial transactions. The earliest forms of writing involved keeping records of grain, sheep and cattle entering and leaving farms and warehouses in ancient Sumeria. More recently, the financial services sector has an established history of using statistical methods to make decisions about individuals – credit-scoring and data-based insurance pricing, for example.

The EU Conflict Mineral Regulation has been adopted by the EU Parliament and EU Council with key elements relating to due diligence and disclosure obligations due to come into force on 1 January 2021.

We round up some recent litigation cases.

The role that restrictive covenants in employment contracts play in protecting against post-employment competition from ex-employees can often be quickly dismissed. There is still a perception that this type of clause cannot be enforced when push comes to shove.

A claimant must issue their claim within the relevant limitation period. The length of the relevant period will depend on the type of claim. However, it is common practice for parties in all manner of disputes to enter into standstill agreements when the expiry of a limitation period is approaching.

In many disputes, parties will run up legal costs long before court proceedings begin. If these are incurred preparing for the court proceedings, often by following a pre-action protocol, they can in principle be recovered from an unsuccessful party as “costs of and incidental to” the proceedings under section 51 of the Senior Courts Act 1981.

We take stock of three new developments which shed more light on how holiday pay should be calculated and how far back arrears can be claimed.

In a case with multiple Respondents, where two had entered Administration, the Employment Appeal Tribunal held that proceedings normally stayed by virtue of a moratorium in administration could continue in respect of the other Respondents.

When serving a statutory demand on an individual, a secured creditor is required to specify the nature and value of any security held, including third party charges “rooted” in the same debt. Failure to do so will result in the court setting aside the demand.

A supplier to convenience stores received payments of £162,000 by direct debits from the Company’s bank account after the date of presentation of the winding-up petition

A winding-up order was made against Diamond Hangar Limited (“Diamond”). Six days later Diamond applied to rescind the winding up order under Rule 12.59 Insolvency Rules 2016.

Directors are not personally liable for an unlawful distribution if they have: taken reasonable steps to prepare adequate accounts, reasonably relied upon advisors and are unaware of the facts that rendered a dividend unlawful.

The court appointed receivers over the shares in, and various assets of, Blackpool FC, following the failure of one party to buy the shares of the minority party in the club pursuant to an order arising out of an unfair prejudice petition.

Welcome to the new CPR Part 53 and to the specialist Media and Communications List.

Why do medical records hold the key to malpractice cases and why are so many episodes of patient care poorly recorded? In this article Stephen King offers some insights into small changes in practice that could have a significant and beneficial impact on avoiding malpractice claims.

Boris Johnson’s victory in the Conservative Party leadership election came just 100 days before the latest Brexit deadline of 31 October. In this briefing we explore the impact of his appointment as PM on the UK’s preparations to leave the EU.

The recent focus on the use, and misuse, of NDAs in cases of actual and alleged workplace harassment risks losing sight of the bigger picture: what still needs to be done to create truly inclusive workplaces, free from harassment?

Later on this year, seventeen NHS Trusts will take numerous councils to the High Court, contending that the councils are wrong in not affording the Trusts the same business rates treatment as charities.

It is more than a year now since the introduction of Europe’s new data privacy regime, the GDPR. There was a flurry of activity leading up to and following the launch date in May 2018, GDPR fell out of the headlines. Recent high profile penalty announcements running into the hundreds of millions have again highlighted the dangers of failure to comply. We consider some of the issues that are keeping business leaders and privacy regulators awake at night.

Felix Ngole (Mr Ngole) won his appeal this month against the University of Sheffield (the University) after the High Court had previously upheld the University’s decision to exclude him from his postgraduate course.