Legal publications

13 AUGUST 2020

Insight

Protecting personal data in AI – new ICO guidance

Artificial Intelligence (AI) technology is advancing at a rapid pace. However, as the AI available to be used grows more powerful, it becomes ever more important to consider the ethical and legal issues involved.

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8 min read

12 AUGUST 2020

Insight

Buying a Day Nursery? Six steps to a smooth acquisition process

According to the Department for Education’s most recent Survey of Childcare and Early Year Providers, in the spring of 2019 there were an estimated 72,000 early years providers offering 1.7m Ofsted registered childcare places in England. However, you can count the number of groups with 50+ settings using your own fingers.

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7 min read

11 AUGUST 2020

Insight

Coronavirus, shielding and local lockdowns

Recent amendments to the guidance for shielded employees in England illustrate the continued importance of flexibility on the part of employers and their workforce during the next phase of the pandemic.

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4 min read

11 AUGUST 2020

Insight

Litigation – operating in the new world

Businesses have been operating under varying lockdown conditions for almost 6 months now, and in August we have seen a change in rhetoric from the UK Government. In short: ‘get back to work’. That is easy to say, but far more difficult to do and confidence is critical, both around safety and also that there will be no sudden policy change.

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6 min read

6 AUGUST 2020

Insight

Fine levied after liquidation for a criminal act pre-liquidation is a provable debt

A fine imposed on a company in criminal proceedings was a debt provable in the winding-up or administration of that company where it was triggered by criminal offences committed prior to the entry into liquidation. That was so even if the fine was imposed after the onset of insolvent liquidation.

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2 min read

5 AUGUST 2020

Insight

Section 236 of the Insolvency Act 1986 has no extraterritorial effect, save as against EU parties

The liquidators of a company (the “Company”) applied pursuant to section 236(3) of the Insolvency Act 1986 for orders requiring the respondents (Italian companies) to produce documents and give an account of their dealings with the Company.

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2 min read

5 AUGUST 2020

Insight

Hostile block transfer application dismissed – “too much, too soon”

The First Respondent had operated as an insolvency office holder from Triap Limited (“the Company”). The Second Respondent had acted as a consultant, also taking appointments.

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2 min read

5 AUGUST 2020

Insight

“Volunteer” replacement liquidators do not have standing to restore Companies to the Register

The Claimants, sought to restore 31 companies (Companies) to the Register and sought to be appointed as liquidators over the Companies. They failed to establish that they had locus to bring the claim for the restoration of the Companies, causing ICC Judge Barber to propose dismissal of the claim.

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2 min read

5 AUGUST 2020

Insight

It’s official – liquidators can adjudicate construction disputes

The Supreme Court has settled once and for all – in the liquidator’s favour - whether a company in liquidation can ever use adjudication to resolve construction disputes.

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3 min read

5 AUGUST 2020

Insight

Director’s application to appoint further directors and take other steps while the company remained in administration

The Company provided treasury and management functions for its group, involved in the exploration and mining of minerals in Zimbabwe and the Democratic Republic of Congo. Administrators had been appointed in 2017.

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2 min read

5 AUGUST 2020

Insight

Court of Appeal overturns first instance decision in favour of established doctrine

In September 2019 we reported on the first instance decision in this case, which has been overturned on appeal.

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2 min read

5 AUGUST 2020

Collecting debts in a pandemic

The courts clarify the provisions of the new CIGA legislation before it came into force

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2 min read

4 AUGUST 2020

Insight

Stressful times - out of sight and out of mind?

The coronavirus pandemic has brought to the forefront many of the obvious risks that employers and their employees currently face. This includes the provision of suitable PPE and protocols for ensuring social distancing within the workplace. There are less obvious risks which may not yet have manifested such as work related stress, depression or anxiety that employers need to keep in mind.

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7 min read

3 AUGUST 2020

Coronavirus Job Retention Scheme: frequently asked questions

Significant changes to the Scheme to make it more flexible took effect on 1 July. From 1 August, employers will have to start contributing to furloughed employees’ wages costs. The Scheme closes on 31 October.

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1 min read

31 JULY 2020

Where there’s a will, is there a video-conferencing way?

The government has announced it is introducing temporary legislation in England and Wales allowing video-conferencing technology to be used for witnessing wills during the Covid-19 pandemic. This article considers the background to the announcement, and its implications for those making a will.

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5 min read

31 JULY 2020

Insight

3D printing: an IP opportunity?

3D printing has seen a lot of airtime during the COVID-19 crisis. It is also rapidly developing. These features also make intellectual property highly relevant, both as a business opportunity and a potential risk.

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6 min read

30 JULY 2020

Insight

The EU’s new Platform to Business (P2B) regulation will be rolled over into UK legislation

We commented previously on the EU’s Online Intermediation Services Regulation, also called the Platform to Business (P2B) Regulation. This took effect across the EU on 12 July 2020 and may be relevant to your business if you advertise through online platforms, or if you offer online promotional services to other businesses which allows those businesses to offer goods or services to consumers, irrespective of where those transactions are ultimately concluded.

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2 min read

30 JULY 2020

Life sciences regulation after Brexit – a new direction

We expect to see the UK Medicines and Medical Devices Bill becoming law later this year without major changes. This will have a profound impact on how the life sciences industry is regulated in the UK, and if the Government achieves its objectives, will offer a new model able to combine enhanced patient safety with support for rapid innovation.

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5 min read

29 JULY 2020

To what extent can a charity support its struggling trading subsidiary?

The coronavirus pandemic has resulted in a fall in income for many companies that rely on trading, including the trading subsidiaries of many charities. This has in turn caused a number of charities to consider whether they can provide financial support to their trading subsidiaries to address their (it is to be hoped) short term financial concerns.

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7 min read

28 JULY 2020

Insight

Back to work on 1 August?

Boris Johnson’s most recent coronavirus announcement marks a subtle but significant shift in the Government’s guidance for employers about managing their workforce during the pandemic.

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4 min read

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