Legal publications

As the UK looks forward to its future outside the EU, we are gradually seeing more structure and shape begin to emerge.

You have only to look at the waste tossed from cars at the sides of roads to know that there are many who could respond affirmatively to the sign on environmental health vehicles asking “Are you a tosser?”

Looks at the benefits of the EU Withdrawal Agreement from a UK perspective in seven areas including citizens' rights, data protection, cross-border litigation and intellectual property.

How organisations managing data should prepare for end of the Brexit transitional period. Assesses likelihood of UK data protection regime not been passed as adequate by EU by end of 2020 and what organisations can do to manage this risk.

New requirements of “status determination statement” could create tax risk for public sector clients. Public bodies should ensure that they are prepared for upcoming changes to the off-payroll working rules (the IR35 rules currently applicable to “public authorities” and set to be extended to apply to medium and large private sector businesses), which are due to come into force from 6 April 2020.

We explore the issues that employers will need to address if their staff may have been in contact with the new coronavirus.

Trade mark owners will be relieved to find that the Court of Justice of the European Union (CJEU) has not taken the tough line proposed in the advice of the Advocate General in a dispute over the trade marks of the Sky group of companies.

The NHS Continuing Healthcare eligibility decision-making process attracts appeals and legal challenges like moths to a particularly bright lamplight. Recently, NHS Surrey Downs Clinical Commissioning Group found themselves on the receiving end of such a judicial review challenge before the High Court. The allegations of unlawful decision-making were extensive – 10 grounds of challenge all-in-all.

Being involved in the unexpected death of a patient may be one of the most difficult professional situations you will face. You will have to deal with an event at both a personal and professional level that is likely to have caused you and your colleagues great distress and shock.

Mills & Reeve’s head of immigration Alex Russell joins forces with Kristopher Kunasingam, head of migration at Australian firm Hall & Wilcox to explore what the UK Government can learn from Australia when designing its post-Brexit immigration regime.

The Applicant director applied, in breach of the company’s articles, to Court for administration orders regarding Brickvest Limited and three group companies.

This case is the latest in a line of cases, not all consistently decided, in connection with the validity of out of court appointments of administrators.

The managing director of Vining Sparks UK Ltd (the “Company”), was found not liable for sums that the Company owed to HMRC following the failure of an employee remuneration trust scheme (the “Scheme”).

An administration can be extended by consent of each secured creditor and the unsecured creditors of the company.

Problems for administrators when filing notices of appointment via the Electronic Working Pilot Scheme outside of court opening hours.

Possibly, it turns out. A company director successfully appealed a summary judgment that he pay equitable compensation of £13,149,479 on the basis he had procured that the company paid that sum against sham invoices. These invoices were apparently for Research & Development, but in fact were to procure payments from the Company to the shareholders to evade corporation and income tax. The company received no benefit from these payments.

Court refuses to strike out a challenge to a company voluntary arrangement (CVA), even where it had since terminated when the company went into administration.

The court supports the making of a bankruptcy order based on a debt arising out of a settlement agreement, notwithstanding the drafting not making it clear that the debt was a liquidated amount.

In 2009, Gordon Brown (the then Prime Minister) wrote: "we should control new mortgages for more than 100 per cent of house value". The irony of this comment will not be lost on those insurers who went on to suffer significant losses arising from the financial crisis, many of which came from high loan to value borrowing (LTV).

Sometimes it can feel like life goes round in circles. Well, for insurers who write business based on the Solicitors Minimum Terms & Conditions (‘the MTC’), it has been one hell of a merry-go-round.