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The latest articles and events from Mills & Reeve LLP.

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Cover Talk: Supreme Court decision on business interruption insurance

Ben Hardiman and Charlie Andrews provide the key take away points from the Supreme Court's decision.

Fri, 15 Jan 2021 15:46:26 GMT+00:00

The inquest landscape post the Supreme Court’s decision in Maughan

The Supreme Court have handed down a decision of some magnitude for inquest practitioners and those they represent.

Duncan Astill

Fri, 15 Jan 2021 13:02:32 GMT+00:00

A ‘bold ambition’: Care Quality Commission’s new strategic plan now out for consultation

The health and social care regulator is consulting on its strategy for the next five years and beyond. Its draft strategy document explains how it plans to develop its approach to regulation in the context of a changing health and care landscape – taking into account learning from the Covid-19 pandemic, the growth of new technology and the shift to delivering care as a ‘system’ rather than the ‘single provider service model’. In short, ensuring that the new regulatory model is fit for the future.

Amanda Narkiewicz

Thu, 14 Jan 2021 11:27:41 GMT+00:00

A window of opportunity for capital gains tax planning

Responding to the recent report of the Office of Tax Simplification, we explain the proposed changes to Capital Gains Tax rules.

Thu, 14 Jan 2021 11:13:00 GMT+00:00

Mammoth battle of NHS ping pong leads to successful restitution claim by Council

In a recent case the High Court allowed a private law claim in restitution by a local authority which alleged that a PCT (and its successor, the CCG) had been unjustly enriched by its refusal to accept commissioning responsibility for a young man placed into its area by the local authority.

Jane Williams

Tue, 12 Jan 2021 09:49:26 GMT+00:00

Employment review 2020/2021

After what has been a year like no other, we offer our assessment of the most significant employment-related developments of 2020, grouped into 10 topics, and reflect on their continued significance into 2021.

David Mills

Mon, 11 Jan 2021 16:14:31 GMT+00:00

Successfully managing employment tribunal claims

Our experts will provide an insight into how to successfully manage an Employment Tribunal case.

Mon, 11 Jan 2021 14:58:07 GMT+00:00

Burden of proof on paragraph 74 application

This case concerned an application pursuant to paragraph 74 of Schedule B1 to the Insolvency Act 1986 that the administrators of a company had unfairly harmed the applicant, the sole director and shareholder of the company, by refusing to assign to her a potential claim that the company had against a third party.

Morgan Bowen

Mon, 11 Jan 2021 12:06:58 GMT+00:00

Court refuses to make winding-up order of its own initiative

A Trustee in Bankruptcy (TiB) invited the court, by way of application notice, to place Panelform Limited (Panelform), the respondent company, into compulsory liquidation.

Catherine Noble

Mon, 11 Jan 2021 11:43:07 GMT+00:00

Court wind up company without petition

Administrators, who were appointed by the company directors, found their administration proposals voted down by the creditors. The majority creditor then applied for directions to convene a creditors' meeting in order to replace the administrators. The administration process was evidently complicated due to the disputes between a number of warring factions such as the largest minority shareholder (who was bringing a derivative claim against entities connected with the majority shareholder); the majority creditor; and indeed the administrators themselves.

Jack Gale

Mon, 11 Jan 2021 11:30:21 GMT+00:00

Directors’ powers in a receivership

The company concerned was the freehold owner of Bolbec Hall. On 8 June 2018, the Company completed on a sale to Maymask 228 Ltd for £650,000. The transfer was executed by the Company’s sole director. An investor objected to the registration of the transfer - some eight months earlier, the lender had appointed a fixed charge receiver and their appointment had displaced the director’s powers.

Lino Di Lorenzo

Mon, 11 Jan 2021 10:54:57 GMT+00:00

Conversations with entrepreneurs

Jointly hosted with Advantage Creative this discussion is aimed at digital and creative businesses in the Midlands region.

Mon, 11 Jan 2021 10:43:51 GMT+00:00

Non-compliant scheme of arrangement saved

The failure to include the statement of the directors’ interests with notice of the meeting to approve a Scheme of Arrangement amounting to statutory non-compliance was rectified, resulting in approval of the scheme by the court.

Jamie Wheatley

Mon, 11 Jan 2021 10:35:00 GMT+00:00

Strict application of insolvency claim deadlines

An insolvency act application notice was issued on 30 January 2019, which was the deadline for limitation purposes. A first hearing was listed for 9 July 2019 at 11am. Before the application had been served, the hearing was vacated upon further ex-parte application by the applicant and relisted for 15 October 2019.

Jacob Walker

Mon, 11 Jan 2021 10:15:42 GMT+00:00

Release from appointment irrelevant if appointment invalid

The Judge reviewed the various arguments raised through the applications, which centred on the circumstances surrounding the orders made releasing the administrators. These terms had different timings than those originally proposed by the administrators and there was a timing mismatch with filing of the final report to creditors.

Neil Smyth

Mon, 11 Jan 2021 09:52:19 GMT+00:00

In-house in Focus: IR35 reform and employment

We offer guidance to businesses on the need to review their off-payroll workforce before the reform of the IR35 rules in April.

Fri, 8 Jan 2021 17:10:34 GMT+00:00

Family law in lockdown

Join our esteemed panel of experts for a lively discussion on trials, tribulations and hopes for the future.

Fri, 8 Jan 2021 16:29:05 GMT+00:00

Public Procurement in the UK Post Brexit

Shailee Howard, Chris Brennan and Jenny Beresford-Jones discuss the shape of public procurement in the UK post Brexit.

Shailee Howard

Fri, 8 Jan 2021 15:05:48 GMT+00:00

The EU-UK Trade and Cooperation Agreement: state aid rules

A post-Brexit trade deal – the Trade and Cooperation Agreement (the TCA), was finally pinned down on 24 December.

Simon Elsegood

Fri, 8 Jan 2021 10:46:41 GMT+00:00

Foundations: Procurement in the Construction Industry in 2021

Our specialist construction and engineering team will discuss legal issues affecting the construction and engineering industry in 2021.

Fri, 8 Jan 2021 10:27:02 GMT+00:00

Foundations: Delay and Disruption 2021

Our experts outline what you need to know about delay and disruption claims from a legal perspective.

Fri, 8 Jan 2021 10:11:13 GMT+00:00

The Brexit trade deal and employment rights

The new EU/UK relationship has loosened the ties between EU-wide employment rights and the corresponding rights in the UK. But they are still likely to remain closely aligned for the foreseeable future.

Charles Pigott

Thu, 7 Jan 2021 16:21:15 GMT+00:00

Contract Conversations: Brexit revisited

Mark Davison and Eric France outline the impact that the EU–UK Trade and Cooperation Agreement will have on English law contracts.

Wed, 6 Jan 2021 17:12:27 GMT+00:00

Occupational Stress and Injury in the Covid-19 era and beyond

Jagjit Virdi chairs a panel of hand-picked experts offering practical guidance on cases of occupational stress.

Wed, 6 Jan 2021 10:22:09 GMT+00:00

New Year brings new investment for the world’s first IVF clinic

Bourn Hall, the renowned IVF fertility clinics in the east of England, has secured significant investment from Triangle Capital Corporation, a Canadian-based investment firm.

Tom Pickthorn

Tue, 5 Jan 2021 16:41:02 GMT+00:00

Life sciences and the EU-UK Trade and Cooperation Agreement

A post-Brexit trade deal – the Trade and Cooperation Agreement (the TCA), was finally pinned down on 24 December. In this article we will summarise the areas of the TCA most relevant to life sciences businesses.

James Fry

Tue, 5 Jan 2021 11:19:47 GMT+00:00

New post-Brexit immigration system

The expiry of the Brexit transition period on 31 December 2020 saw the end of EU freedom of movement. From 1 January 2021 the UK’s new points based immigration system will apply to EU as well as non-EU nationals. Below are some of the key features of the new immigration system and the actions that employers will need to take

Alex Russell

Mon, 4 Jan 2021 16:31:04 GMT+00:00

Talking Shop: Taking Stock of the Impact of 2020 and looking ahead to 2021

Our employment experts look at the impact of 2020 on the retail sector and outline what to expect in the next year.

Mon, 4 Jan 2021 10:46:57 GMT+00:00

EU-UK Trade and Cooperation Agreement: data protection and related aspects

The Agreement reached in principle on 24 December 2020 between the EU and UK includes the snappily titled “Article FINPROV.10A: Interim provision for transmission of personal data to the United Kingdom”. This Article provides that for a 4 month period (automatically extended to 6 months, unless either party objects), the transmission of personal data from the EU to the UK will not be considered as a transfer to a “third country” under GDPR.

Robert Renfree

Wed, 30 Dec 2020 09:57:15 GMT+00:00

Buying time – when can parties agree to delay?

Before the introduction of the Civil Procedure Rules, the courts were not perceptibly concerned about delay agreed to by the parties.

Miranda Whiteley

Tue, 29 Dec 2020 12:16:08 GMT+00:00

Temporary measures under the Corporate Insolvency and Governance Act 2020 (CIGA) & the suspension of liability for wrongful trading revisited

In light of the ongoing COVID-19 situation, and the strain that it is putting on businesses, the Government has announced the further extensions of the temporary measures designed to give businesses some breathing space.

Catherine Noble

Tue, 29 Dec 2020 12:09:31 GMT+00:00

Brexit: what did we get for Christmas?

The conclusion of a comprehensive £650 billion trade and cooperation deal on 24 December has been welcomed on both sides of the Channel. The formal approval process is well underway, enabling the UK to transition to its new relationship with the EU on 1 January 2021 in an orderly manner.

Tom Pickthorn

Tue, 29 Dec 2020 10:46:29 GMT+00:00

Family conflict during a pandemic - Stories of struggle and hope

Alison Bull and Caitlin Jenkins are joined by an international panel of mediators and coaches from the US, Canada, South Africa, Ireland and Poland.

Alison Bull

Mon, 21 Dec 2020 11:07:36 GMT+00:00

Coronavirus Job Retention Scheme: frequently asked questions

The Scheme 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.

David Mills

Mon, 21 Dec 2020 09:57:03 GMT+00:00

Employment law update for the education sector

Join us at the beginning of 2021 to look at issues and cases of significance in employment law for the education sector.

Fri, 18 Dec 2020 14:36:54 GMT+00:00

Mills & Reeve donates £12,000 to foodbanks across the UK

Mills & Reeve has donated £12,000 to foodbanks across the UK in lieu of sending Christmas cards.

Justin Ripman

Fri, 18 Dec 2020 10:43:32 GMT+00:00

Brexit: What are the implications for trade between the UK and Northern Ireland?

The Northern Ireland Protocol seeks to avoid a hard border, protect the EU single market and maintain Northern Ireland’s place in the UK internal market after 31 December 2021. Mills & Reeve’s Best Friend firm in Northern Ireland consider the Trusted Trader Scheme, Grace Periods, State Aid and Unfettered access.

Tom Pickthorn

Fri, 18 Dec 2020 10:06:17 GMT+00:00

The Online Safety Bill – plans to tackle online harms take shape

Plans for an Online Safety Bill mark the next stage in UK Government’s project to tackle damaging online content and activity. Following a 2019 White Paper and extensive consultation, the UK plans to give regulator Ofcom powers to issue large fines and block social media apps in the UK if harmful material and activity is hosted and shared.

Paul Knight

Fri, 18 Dec 2020 09:49:45 GMT+00:00

The end of the Brexit transition period – changes for intellectual property

The main legal changes arising from Brexit have yet to take effect. A transition period is currently in place (expiring on 31 December 2020). So far as intellectual property is concerned, this has maintained the status quo. Negotiations for a future relationship between the EU and the UK are still ongoing, even at this late stage. But whatever is agreed (or not agreed) there are important changes that will come in with the New Year.

Alasdair Poore

Thu, 17 Dec 2020 14:46:37 GMT+00:00

Brexit – what’s next for UK life sciences?

As the UK moves towards the end of the Brexit transition period, we consider what the future holds for life sciences businesses.

James Fry

Thu, 17 Dec 2020 14:25:23 GMT+00:00

Be particular about particulars

There’s never a bad time for a refresher about time limits for service and consequential applications for relief for sanctions. The Christmas period with its multiple bank holidays is an obvious trouble spot. The dangers are increased for those trying to navigate the tricky service rules for claim forms and particulars of claim.

Miranda Whiteley

Thu, 17 Dec 2020 12:26:13 GMT+00:00

Brexit: The known unknowns of family law

Suzanne Kingston

Wed, 16 Dec 2020 16:25:24 GMT+00:00

IP and Brexit – after the transition

The main legal changes arising from Brexit have yet to take effect. A transition period is currently in place (expiring on 31 December 2020). So far as intellectual property is concerned, this has maintained the status quo. Negotiations for a future relationship between the EU and the UK are still ongoing, even at this late stage. But whatever is agreed (or not agreed) there are important changes that will come in with the New Year.

Richard Plaistowe

Wed, 16 Dec 2020 16:16:54 GMT+00:00

Investment funds update

There have been several changes to investment funds over the past year. The National Security and Investment Bill, a Capital Gains Tax rate review, a new regulatory gateway and changes to LIBOR will all affect investors and investees over the coming months.

Dona Ardeman

Tue, 15 Dec 2020 16:12:24 GMT+00:00

Round-up December 2020

We've brought together a round-up of some recent litigation cases that may be of interest to you

Miranda Whiteley

Tue, 15 Dec 2020 14:03:32 GMT+00:00

The failure (for now) of the capped costs pilot

Cast your mind back to the warm summer of July 2017 and you will no doubt think of Jackson LJ’s Supplemental Report on Fixed Recoverable Costs. A key recommendation was the voluntary “capped costs” pilot scheme for business and property cases, designed to improve efficiency, speed up the resolution of claims and lower the costs of litigation.

Andrea Stanford

Tue, 15 Dec 2020 13:41:56 GMT+00:00

Litigation – preparing for a no deal?

Without any agreement with the EU, when the transitional period ends on 31 December 2020 questions of jurisdiction and enforcement in a claim not already pending fall to be determined on a state by state basis unless another convention applies. The UK has taken some steps towards filling the void by applying to accede to the Lugano Convention and acceding to the Hague Convention on Choice of Court Agreements but even that is not without its difficulties.

Lino Di Lorenzo

Tue, 15 Dec 2020 13:06:19 GMT+00:00

Major lateral hire boosts Mills & Reeve’s family and children team in London

Mills & Reeve is pleased to announce the arrival of leading children practitioner Zoë Fleetwood to its family and children practice in London.

Zoe Fleetwood

Tue, 15 Dec 2020 12:38:06 GMT+00:00

Cover Talk: An Introduction to Reinsurance

Andrew Tobin and Jacqui King outline what you need to know about reinsurance.

Mon, 14 Dec 2020 12:05:43 GMT+00:00

Cover Talk: Injury Claim Pitfalls

Chris Gough looks at what to do to avoid the banana skins of injury claims.

Mon, 14 Dec 2020 11:53:35 GMT+00:00