26 February 2021 Insight Part II: Will criminal prosecutions follow the health sector response to the coronavirus pandemic? Samuel Lindsay and Duncan Astill revisit earlier discussion about whether healthcare professionals should be concerned about criminal prosecutions in light of the current pandemic and the Government’s decision not to consider a new statutory defence. Bookmark this page 2 min read
24 February 2021 Insight The latest update on cladding The Government recently announced further measures to tackle the issue of unsafe cladding – a new tax and levy on developers and more support for leaseholders. There is not a huge amount of detail at this stage, which of course leads to many questions... Bookmark this page 4 min read
23 February 2021 Insight When charity reserves run low Charity reserves: what they are, how they can be used, what to do if the amount of reserves differs from that specified in the reserve policy, and when to seek professional advice. Bookmark this page 1 min read
23 February 2021 Insight Coronavirus COVID vaccination and the workplace: FAQs As the vaccination rollout begins to reach more people of working age, we answer some questions employers commonly ask. Bookmark this page 1 min read
18 February 2021 Insight Can GAFTA terms be implied to provide a party with the bite of arbitration? Lessons learned from Black Sea Commodities Ltd v Lemarc Agromond PTE Ltd. In a rare case of a party successfully challenging an arbitration award under s67 Arbitration Act 1996, the English High Court considered the question of whether a GAFTA arbitration clause can be implied into an agreement between parties by market practice and custom. Bookmark this page 3 min read
10 February 2021 Insight Talking IP - tackling online infringement From kitchenware embodying the Joseph Joseph® philosophy of “Brilliantly Useful Design” to examination certificates verifying academic attainment - you can find them all for sale on the internet. Bookmark this page 4 min read
10 February 2021 Insight Coronavirus Workplace testing for COVID: FAQs In the light of the recent expansion of the Government’s support for workplace testing, we address some common questions employers ask us. Bookmark this page 3 min read
5 February 2021 Insight Administration – invalidity of QFC appointment by junior creditor Junior creditor’s appointment of an administrator was invalid where they had not first obtained the consent of the senior creditor as required by the deed of priority – the defect was not an irregularity that could be cured. Bookmark this page 2 min read
5 February 2021 Insight When will a public examination be ordered? A “useful purpose” needs to be established for a court to order a public examination of an alleged de facto director of a company in liquidation. Bookmark this page 2 min read
5 February 2021 Insight Lying director disqualified for 10 years The High Court considered the conduct of a de facto director in a company thought to be involved in MTIC fraud as being in middle bracket of Re Sevenoaks Stationers (Retail) Limited. Bookmark this page 2 min read
5 February 2021 Insight Lenders rejoice! Contingent liabilities protected The administrators of a limited liability partnership sought directions as to whether a lender remained a secured creditor of the partnership despite the principal sum lent having been repaid. Bookmark this page 2 min read
5 February 2021 Insight Pursuing the third way The Court granted administrators permission to distribute to unsecured creditors, pursuing the third objective, even if that distribution may not have been greater than it would have been in a liquidation. Bookmark this page 2 min read
5 February 2021 Insight Standing to challenge decisions of office holder This case is concerned with the standing required to found a challenge to the acts and decisions of trustees in bankruptcy and liquidators under sections 303(1) and 168(5) Insolvency Act 1986 respectively and is helpful for office holders dealing with bidders and purchasers with no other connection to the insolvent estate. Bookmark this page 2 min read
5 February 2021 Insight Court unable to grant supporting creditor carriage of petition Where a petition debt had been paid off by third parties, the court was precluded from ordering a change of carriage of the petition in favour of the supporting creditor and from making a bankruptcy order. Bookmark this page 1 min read
5 February 2021 Insight Courts refuse to assist officeholders The court refused an application for directions by administrators attempting to resolve how to realise the freehold interests in properties which the company had granted various 125 year leases in respect of. Bookmark this page 2 min read
3 February 2021 Insight Getting ready for new off-payroll working (IR35) rules Businesses should prepare for changes in the tax treatment of off-payroll working in the private sector, which will take effect from 6 April. Bookmark this page 4 min read
2 February 2021 Insight Coronavirus Coronavirus Job Retention Scheme: frequently asked questions The Job Retention Scheme (furlough) has now been extended to the end of April 2021. The launch of the Job Support Scheme, due to replace it on 1 November, has been postponed. Bookmark this page 1 min read
1 February 2021 Insight Round-up of litigation cases - February 2021 We round up the recent cases on Business Interruption Insurance, employment tribunals, privilege and claim forms. Bookmark this page 2 min read
1 February 2021 Insight Coronavirus Reasonable adjustments: proactive vs reactive COVID-19 has posed many challenges for businesses, below is some useful guidance on the issue of reasonable adjustments for employers who wish to mitigate the mental health risks perpetuated by the pandemic. Bookmark this page 9 min read
1 February 2021 Insight Claims against insurers in the employment tribunal The Court of Appeal has confirmed that the employment tribunal has jurisdiction to offer a claimant a one-stop shop where they wish to bring a claim under the Third Parties (Rights against Insurers) Act 2010 against the insurer of their insolvent employer (Irwell Insurance Company Ltd v Watson). Bookmark this page 6 min read