Publications

For the third time in five years the country is heading to the polls. But are charities any better informed about what campaigning activities they can and cannot undertake during the election period than previously?

The Company was a debt management firm that advised individuals on their financial problems. Its assistance included implementing debt management plans between the Company and its clients under which clients made monthly payments. The Company then paid the client’s creditors and placed a balance in a pool for negotiation of full and final settlements with creditors.

ICC Judge Barber appointed interim managers in relation to four companies (the Companies) within a group run by Gavin Woodhouse (Woodhouse), including North Powerhouse Developments Limited (NPD), pending the outcome of administration applications issued by creditors.

The High Court has recently handed down an important judgment considering the so-called “retail” company voluntary arrangement (CVA) wherein the CVA purports to vary a retailer’s obligations to its landlords often while the retailer’s obligations to its other creditors remain unaffected.

Section 140A Consumer Credit Act 1974 allows the Court to reduce or discharge any sum payable under a credit agreement if it finds the relationship is unfair to the debtor. That can be in relation to not only the terms of the agreement, but the way it is enforced as well.

The applicant companies, one Dutch, one English, were part of the same logistics group operating in the automotive and technology industries. The group was significantly over-leveraged and was unlikely to continue to operate without restructuring its debt. The debts had arisen in relation to a parent credit facility (PCF) amounting to approximately US$680 million and pursuant to a notes indenture of approximately US$225 million.

The Judge was asked to sanction the convening of creditors meetings to consider schemes of arrangement for English and Dutch incorporated companies, which he was prepared to do.

Whilst much of the recent focus on harassment in the higher education sector has been on preventing and tackling sexual harassment, racial harassment is also under the spotlight. A recent inquiry and report from the Equality and Human Rights Commission encourages institutions to look more closely at incidents of racial harassment and their responses, and recommends that senior management should take a lead to embed a culture where racial harassment is not tolerated.

On 2 July 2019, the Financial Ombudsman Service (FOS) opened a new consultation. It would like to see the proportion of the income it receives from case fees re-balanced in favour of a higher levy.

As all of us working in the world of professional indemnity insurance are acutely aware, mistakes are inevitable. No-one, however careful, is immune.

The recent Court of Appeal decision in Anderson v Sense Network provides clarity on a network’s responsibility for their Appointed Representative’s actions. This article considers the case and issues which may arise from it.

Hot on the heels of our In-house In Focus programme this month focusing on competition law, the Competition and Markets Authority (or CMA) has announced a total of £36 million fines for three construction firms’ breach of competition law. 

The recent WTO decision in the Airbus case reminds us that outside of the EU there exist WTO rules governing the use of taxpayers’ money to support businesses, which will still apply regardless of Brexit.

The Court of Appeal has clarified the qualified one way costs shifting (QOCS) regime and the protection it offers Claimants can only apply to those claims concerning damages for personal injuries.

Individuals are entitled under UK and EU data protection legislation to request a copy of their “personal data” from an organisation which holds it. In broad terms, “personal data” is information about or relating to that individual.

The Johnson Government’s initial statements on immigration policy created some confusion, but it is now clear that EU nationals should be free to come to the UK to live and work until the end of 2020, even if there is a no deal Brexit on 31 October.

Right from the outset, the NHS has been hesitant about the financial freedoms conferred on Foundation Trusts. Where next for this flavour of FT autonomy?

We were very pleased, having represented the NHS Trust in the first phase of this matter, to read the Supreme Court’s judgment.

It is widely acknowledged that digital technology has the power to transform healthcare across the world. One of the most talked about transformational tools is artificial intelligence (AI). The potential of AI to transform business processes and service delivery is undeniable.

Despite recent attempts by the opposition parties to block a no-deal Brexit, and the resumption of negotiations with the EU on a revised deal, a Halloween no-deal Brexit remains a real possibility. However, in such an event owners of EU trademarks and designs can at least be certain as to how these rights will be protected.