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The latest articles and events from Mills & Reeve LLP.

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Insurance Seminar: Pensions – is this a no-go area for PI insurers and what are the claims risks?

Join us for a seminar which investigates key areas of development in the pensions world.

Tue, 18 Feb 2020 10:19:12 GMT+00:00

Education Employment Law Update

We are delighted to present our annual employment law update for the education sector.

Mon, 17 Feb 2020 10:12:46 GMT+00:00

Upcoming changes to off-payroll working rules (IR35)

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.

Carrie Ferris

Mon, 17 Feb 2020 09:53:46 GMT+00:00

Novel coronavirus: issues for employers

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

Jog Hundle

Thu, 13 Feb 2020 09:24:09 GMT+00:00

Sky ruling brings a sigh of relief from brand owners

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.

Richard Plaistowe

Wed, 12 Feb 2020 09:50:10 GMT+00:00

Mills & Reeve advise on land sale as redevelopment of 120-acre Leyland test track site gets underway

Mills & Reeve has completed the sale of the first phase of land as part of the redevelopment of the 120-acre former Leyland Motors test track site.

Caroline Hanratty

Wed, 12 Feb 2020 09:17:22 GMT+00:00

Mills & Reeve crowned RollOnFriday firm of the year for third year in a row

Mills & Reeve win RollOnFriday’s Law Firm of the Year for the third time running, ahead of Shearman & Sterling and Osborne Clarke.

Claire Clarke

Thu, 6 Feb 2020 12:35:21 GMT+00:00

Mills & Reeve maintain impressive Experian ranking for second year running

Mills & Reeve’s corporate team achieves 4th place in the Experian UK rankings for second year in a row.

James Hunter

Thu, 6 Feb 2020 11:26:58 GMT+00:00

The CHC eligibility assessment process… “Or How I learned To Stop Worrying And Love” the Independent Review Panel

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.

Alex Pleydell

Thu, 6 Feb 2020 09:08:00 GMT+00:00

Death, inquest, aftermath – where to find support in the legal process

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.

Stephen King

Wed, 5 Feb 2020 15:02:26 GMT+00:00

Learning from the Australian points-based immigration system

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.

Alex Russell

Tue, 4 Feb 2020 15:26:31 GMT+00:00

If the sole director is not authorised by company articles to act alone, can the Court make the order anyway?

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

Helen Fyles

Mon, 3 Feb 2020 16:32:50 GMT+00:00

Validity of appointment made by directors outside court hours

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.

Jamie Wheatley

Mon, 3 Feb 2020 16:26:39 GMT+00:00

When tax avoidance is honest

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”).

Catherine Noble

Mon, 3 Feb 2020 16:19:55 GMT+00:00

Court confirms jurisdiction to make retrospective administration order

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

Morgan Bowen

Mon, 3 Feb 2020 16:11:26 GMT+00:00

The latest in the out-of-hours appointment debacle

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

Jack Gale

Mon, 3 Feb 2020 16:06:48 GMT+00:00

Latest in the CVA challenge saga

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.

Jacob Walker

Mon, 3 Feb 2020 14:48:32 GMT+00:00

Get your drafting right

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.

Neil Smyth

Mon, 3 Feb 2020 14:32:27 GMT+00:00

Lender claims – the third coming?

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).

Angus Turner

Mon, 3 Feb 2020 10:14:43 GMT+00:00

Minimum Terms & Conditions - No change ahead…!

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.

Angus Turner

Mon, 3 Feb 2020 10:11:03 GMT+00:00

Costs and conduct in contentious probate cases

The courts have always been willing to consider costs in probate claims as a special case which can justify a different outcome, but as with costs in other areas, conduct is a significant factor.

Clare Howard

Mon, 3 Feb 2020 09:40:01 GMT+00:00

Brexit and IP – what next?

After the UK general election, we expect the UK to leave the EU at 11pm UK time on 31 January having ratified the Withdrawal Agreement. This means that the risk of a “no deal” Brexit has now effectively been removed.

Richard Plaistowe

Thu, 30 Jan 2020 12:00:59 GMT+00:00

Data Trusts for the Automotive Sector

The automotive industry has seen a growth in the number of inter organisation collaborations. These collaborations have seen a dramatic rise in the quantity of data being shared in order to solve complex problems. As a result, there is now a growing need for the industry to resolve the issue of how it will share such large quantities of data in a transparent and ethical manner. One approach to this issue is the use of data trusts.

Ruth Andrew

Wed, 29 Jan 2020 10:08:14 GMT+00:00

£10,000 raised for Cambridge-based homeless charity

Mills & Reeve has partnered with Cambridge Cyrenians to raise funds for the last 12 months.

Jonathan Greenwood

Tue, 28 Jan 2020 16:08:16 GMT+00:00

Inspiring Women in Technology event - Mentoring For Success

Mills & Reeve invites you to our third “Inspiring Women in Technology” event on Thursday 5 March 2020, in partnership with Code Nation and MSP, where we will be discussing mentoring for success.

Tue, 28 Jan 2020 11:02:38 GMT+00:00

Where next for cannabis-based medicines?

Cannabis-based medicines are increasingly grabbing attention. High-profile cases involving children suffering from severe epilepsy have attracted media attention and public sympathy. Some parents have argued that cannabis-based treatments are the only option to provide relief for these children. Public pressure, together with changing views internationally on cannabis control, has led to a change of direction in many countries, including the UK and other European states.

James Fry

Mon, 27 Jan 2020 14:00:19 GMT+00:00

Reporting serious incidents: when does the Charity Commission need to know?

The Charity Commission has published a considerable amount of guidance in relation to when charities need to report serious incidents.

Neil Burton

Mon, 27 Jan 2020 11:36:53 GMT+00:00

The EU Withdrawal Agreement Bill: round 2

We explore the key features of the second iteration of the Bill to implement Johnson’s withdrawal agreement, which is set to become law by 31 January.

Charles Pigott

Fri, 17 Jan 2020 13:46:41 GMT+00:00

Recent litigation cases - 2020 Round up

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

Miranda Whiteley

Thu, 16 Jan 2020 11:28:27 GMT+00:00

A guide to adjudication in the construction industry

Either party to a construction contract (where the construction operations are carried out in England, Wales or Scotland) can refer any dispute arising under that contract to adjudication at any time. In this guide we explain how adjudication works so that you understand the process and the tight timetable involved.

Alison Garrett

Thu, 16 Jan 2020 11:19:28 GMT+00:00

The rise and rise of the defamatory statement

Those on the receiving end of defamation claims need to handle them skilfully from the outset – we offer some guidance on how to do this below.

Rachael Somerset

Thu, 16 Jan 2020 10:58:32 GMT+00:00

Witness evidence – changes afoot

Stephanie Middlewick

Thu, 16 Jan 2020 10:32:06 GMT+00:00

A busy 12 months for IQ Capital and Mills & Reeve

It’s been a busy 12 months for IQ Capital and Mills & Reeve acting on investments by its IQ Capital III fund and IQ Capital Growth Opportunity Fund into companies across the region

Zickie Lim

Wed, 15 Jan 2020 10:52:26 GMT+00:00

K12 merger and acquisitions – a transaction refresher

With 2020 expected to bring investment into kindergarten to year 12 (K12) we take a closer look at key aspects of a typical M&A process for sellers of, and investors in, nurseries and schools in England and Wales.

Jonathan Greenwood

Wed, 15 Jan 2020 10:07:04 GMT+00:00

Protecting UK IP rights in Europe after Brexit

How the EU Customs Regulation applies to UK goods and IP rights after Brexit depends upon the terms of the final Withdrawal Agreement.

Richard Plaistowe

Tue, 14 Jan 2020 15:34:52 GMT+00:00

Higher education: looking back, looking ahead

Gary Attle

Mon, 13 Jan 2020 16:36:25 GMT+00:00

Employment review of the year 2019

We mark the beginning of 2020 by looking back over key employment law developments of 2019, and ahead to what the New Year may bring.

Charles Pigott

Mon, 13 Jan 2020 14:09:05 GMT+00:00

Director not liable for establishing tax evading employee scheme

The liquidators of a company (the “Company”) applied for equitable compensation or damages against the company's managing director.

Morgan Bowen

Thu, 9 Jan 2020 15:15:09 GMT+00:00

Empty business rates, mitigation and a failed public interest winding up

In October, HHJ Stephen Davies dismissed a petition presented by the Secretary of State under Section 124A Insolvency Act 1986 to wind up two companies which operate what has been described as rates mitigation scheme. Under this section, the Secretary of State may petition the Court to wind up a company if it believes it would be expedient and in the public interest to do so.

Lino Di Lorenzo

Thu, 9 Jan 2020 14:54:03 GMT+00:00

Company Directors Disqualification Act 1986 (the "Act”) Disqualified director seeking permission to act: third time lucky?

Mr Rwamba had given a disqualification undertaking for a period of 4 years in 2009 in relation to Company 1 – he had caused Company 1 to enter into a series of foreign investments to the detriment of HMRC.

Helen Fyles

Thu, 9 Jan 2020 14:45:33 GMT+00:00

Landlords’ challenge to Regis’s CVA is a triable issue

Court refuses to strike out the landlords’ challenge to the CVA despite the CVA’s termination

Jastinder Samra

Thu, 9 Jan 2020 14:11:16 GMT+00:00

Upper Tribunal finds that the Land Tribunal has jurisdiction to decide on matters of beneficial ownership, even in matters of bankruptcy

The Bankrupt was the joint legal owner of a property in Ilford (the "Property"), and the Trustees applied to enter a bankruptcy restriction in standard Form J against the Property on 24 November 2016 (the "Application"). The Bankrupt and the other registered owner, Jagruti Patel (the "Respondent"), objected to the Application on the basis that the Bankrupt had no beneficial interest in the Property.

Catherine Noble

Thu, 9 Jan 2020 13:54:22 GMT+00:00

Comply with The Statement of Insolvency Practice 16 or else

Court declines to authorise a pre-pack sale as the administrators hadn’t complied with certain insolvency practice provisions and the proposed purchasers were connected with the current directors.

Jack Gale

Thu, 9 Jan 2020 12:21:21 GMT+00:00

Whether to stay criminal prosecution of company in liquidation?

The Company went into voluntary liquidation in June 2018 and the liquidators applied to the insolvency court for a stay of criminal proceedings brought against the Company for the breach of its environmental permits for handling waste.

Jamie Wheatley

Thu, 9 Jan 2020 12:06:47 GMT+00:00

Landlords - if your tenant goes into an insolvency process do not rush straight to the rent deposit

This case considered various issues including whether the requirement to ‘top up’ a rent deposit during the administration constituted an expense of the administration.

Neil Smyth

Thu, 9 Jan 2020 11:59:28 GMT+00:00

Arkin cap still alive and kicking

Following the court’s refusal to apply it in the Davey case, the court was asked to consider applying the “Arkin cap” to a case where a liquidator’s firm had part funded an unsuccessful action.

Neil Smyth

Thu, 9 Jan 2020 11:01:49 GMT+00:00

Primary Care Networks : The proposed evolution of the Network Contract DES

The much-anticipated draft specification for the revised Network Contract Direct Enhanced Service Network Contract (DES) was released on the 19th December and is open for consultation until the 31st January 2020.

Rob Day

Thu, 9 Jan 2020 10:09:25 GMT+00:00

Employment Law Updates

Our Spring series of free employment law updates. Please note that the Birmingham, London, Norwich and Cambridge updates are now fully booked, please email events@mills-reeve.com for more information.

Tue, 7 Jan 2020 16:18:35 GMT+00:00

Mills & Reeve helps multi-award winning EdTech business to grow

Mills & Reeve advises Developing Experts on another investment round.

Jonathan Greenwood

Mon, 6 Jan 2020 14:27:03 GMT+00:00