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The latest articles and events from Mills & Reeve LLP.

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Net zero...what next?

Mills & Reeve is pleased to be hosting an event with Enerlytic (a software platform aimed at large energy users which will provide key insights into energy data, improving efficiencies and greater cost saving opportunities) and the Department for Business, Energy & Industrial Strategy on Wednesday 29 June in our Manchester office as we discuss ‘Net Zero….what next?’.

Thu, 26 May 2022 08:43:27 GMT+00:00

In-house in Focus webinar series

A series of webinars for in-house lawyers looking for practical and commercial advice during the coronavirus pandemic.

Jayne Hussey

Wed, 25 May 2022 14:39:09 GMT+00:00

Family Matters: Conflict within the family business

The next webinar in our series is: Conflict within the family business. Impact, challenges, prevention and creating positive outcomes for all.

Wed, 25 May 2022 11:01:54 GMT+00:00

Health and Care Conversations on the draft Mental Capacity Act Code of Practice

These two webinars will look a the new Mental Capacity Act Code of Practice. The draft Code includes amendments to the existing MCA Code as well as details on the long awaited Liberty Protection Safeguards (which will replace the Deprivation of Liberty Safeguards).

Neil Ward

Wed, 25 May 2022 09:42:25 GMT+00:00

Corbin & King not denied access to a significant judgment

In a departure from the High Court’s decision in the FCA Test Case, the Court has determined that a non-damage denial of access clause does respond to losses caused by the pandemic. The Court also made an important decision on aggregation which had not previously been addressed in the FCA Test Case. We discuss the case below.

Ben Hardiman

Mon, 23 May 2022 10:20:03 GMT+00:00

Real Estate and Patient Capital Investment: Reflections and Predictions

Webinar series of interactive and insightful discussions in the world of Real Estate and Patient Capital Investment.

Fri, 20 May 2022 11:29:07 GMT+00:00

Real Estate and Patient Capital Investment: The Rise of Life Sciences in the age of Patient Capital

Webinar series of interactive and insightful discussions in the world of Real Estate and Patient Capital Investment.

Fri, 20 May 2022 11:17:12 GMT+00:00

Real Estate and Patient Capital Investment: Build to Rent - the myths, realities, challenges and opportunities!

Webinar series of interactive and insightful discussions in the world of Real Estate and Patient Capital Investment.

Fri, 20 May 2022 10:41:15 GMT+00:00

Public procurement webinars

In this series our procurement experts address public procurement in the UK, focussing on topics that those working with public procurement need to consider.

Shailee Howard

Fri, 20 May 2022 09:20:19 GMT+00:00

Cover Talk: Webinars for the insurance sector

Cover Talk is a series of bitesized webinars aimed specifically at insurers, insurance brokers and those working in the insurance sector.

Andrew Tobin

Fri, 20 May 2022 08:55:17 GMT+00:00

The Box

We bring you a series of bitesize webinars for insurance brokers, intermediaries and their insurers.

James Thompson

Thu, 19 May 2022 15:20:45 GMT+00:00

Breaking Ground

Bitesize webinars for the construction and engineering risk market.

Andrea Lynch

Thu, 19 May 2022 15:07:13 GMT+00:00

Record year of partner promotions at Mills & Reeve

Mills & Reeve announce bumper year of partner promotions, with a record 13 principal associates being promoted to partner from 1 June.

Justin Ripman

Wed, 18 May 2022 09:19:30 GMT+00:00

Driving your real estate investment - dealership dealings

With big changes on the horizon across the automotive sector Graham Collier, Principal Associate within the real estate team at Mills & Reeve has caught up with Robin Eglin, Director at OMC Motor Holdings Limited and Pete Paphitis, Associate within the Automotive & Roadside team at Rapleys, about the future of dealerships.

Graham Collier

Mon, 16 May 2022 16:16:19 GMT+00:00

Four day working begins to gain traction

Will four days’ work for five days’ pay ever be a realistic possibility? Sara Barrett discusses in this article...

Sara Barrett

Mon, 16 May 2022 14:57:11 GMT+00:00

From me to you: The duty of care solicitors owe to third parties

Ashraf v Lester Dominic Solicitors & Others [2022]: Solicitors’ duty of care to third parties is considered on appeal in alleged fraudulent property transfer claim. The High Court dismisses the claimant’s appeal against an order of 1) summary judgment and 2) an award of costs on the indemnity basis, as the defendants did not owe the claimant a duty of care.

Gabriella Traynor

Fri, 13 May 2022 15:52:13 GMT+00:00

Cover Talk: what Cyber looks like from a reinsurance perspective

Our June edition of Cover Talk will focus on cyber and what it looks like from a reinsurance perspective:

Fri, 13 May 2022 11:53:42 GMT+00:00

When can you revive a discontinued claim?

The recent High Court case of Astley v Mid-Cheshire Hospitals NHS Foundation Trust (“Astley”) considered the appropriate test on an application to re-introduce a discontinued claim under CPR 38.7. The court looked in particular at whether post-2008 case law on “material contribution” was sufficient to allow older medical malpractice claims to be revived.

Peter Lennon

Thu, 12 May 2022 14:03:52 GMT+00:00

PPF and Mills & Reeve launch new cryptocurrency education for players

The Professional Players Federation (PPF) and Mills & Reeve have teamed up to create two new cryptocurrency e-learning resources specifically targeted at sportspeople.

Tiran Gunawardena

Thu, 12 May 2022 10:20:38 GMT+00:00

Breaking Ground: Contribution claims arising from construction contracts.

Our June session will look at contribution claims arising from construction contracts.

Thu, 12 May 2022 06:10:50 GMT+00:00

Five things that are new under the Subsidy Control Act

On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.

Simon Elsegood

Tue, 10 May 2022 08:54:56 GMT+00:00

Mills & Reeve welcomes new associate to family and children team in Birmingham

The Birmingham office of national law firm Mills & Reeve has welcomed Victoria Potts to its growing family and children team, part of continued growth of the division nationally.

Victoria Potts

Thu, 5 May 2022 09:45:58 GMT+00:00

Foundations webinar: What you need to know about termination in today’s construction world

The second foundations event of 2022, repeated as a Zoom webinar.

Wed, 4 May 2022 15:55:09 GMT+00:00

Foundations event: What you need to know about termination in today’s construction world

The second foundations event of 2022, presented in person in our Cambridge office.

Wed, 4 May 2022 15:44:19 GMT+00:00

Acquisition expands online language learning market

Mills & Reeve has advised on the sale of Mondly, one of the world’s leading online language learning platforms, to education and publishing group Pearson.

Jonathan Greenwood

Tue, 3 May 2022 14:16:21 GMT+00:00

Mills & Reeve partner appointed as FIFA mediator

Mills & Reeve partner, Carol Couse, has become a FIFA-approved mediator following the successful implementation of mediation within the proceedings of the Football Tribunal.

Carol Couse

Thu, 28 Apr 2022 16:43:42 GMT+00:00

Power to exclude creditors used for first time in Part 26A scheme

A Part 26A application was made by a company incorporated in Mauritius. The Part 26A scheme proposed the injection of additional liquidity by the super senior secured creditor in return for 100% ownership of the company and a release of other liabilities.

Morgan Bowen

Thu, 28 Apr 2022 15:01:55 GMT+00:00

Enforcement against bankrupt’s pension

The claimants were victims of fraud perpetrated by the defendant against a peer-to-peer lender. The defendant was subject to a worldwide freezing order, and the lender obtained summary judgment for sums exceeding £3m, plus costs. The claimants (who were some of the individual investors) took assignment of the judgment debt when the lender went into administration.

Jacob Walker

Thu, 28 Apr 2022 14:54:51 GMT+00:00

The two Amigos - new scheme proposal approved

The company was a member of the Amigo group which made guarantor loans to ‘sub-prime’ customers and, due to alleged mis selling, numerous customers brought redress claims, worth about £347 million.

Jamie Wheatley

Thu, 28 Apr 2022 14:39:13 GMT+00:00

Priority status for electronic money holders

Ipagoo LLP (Ipagoo) was an electronic money institution that fell into administration. Ipagoo issued electronic money, providing multi-country and cross-currency payment account services.

Tim Wild

Thu, 28 Apr 2022 14:23:43 GMT+00:00

Loss of substratum

Authorities relating to loss of substratum are few and far between. Those relating to that in the context of a listed company rarer still, but HHJ Cawson has held that a public company may be wound up on just and equitable grounds for a loss of substratum.

Lino Di Lorenzo

Thu, 28 Apr 2022 14:04:59 GMT+00:00

The need to ensure that pleadings are as directed

Mr Lindsay, the creditor, had properly brought his claim under section 212 of the Insolvency Act by way of application notice in October 2019. The application was supported by a witness statement from Mr Lindsay. The witness statement alleged, amongst other things, that in 2006 and 2007, the respondents used company funds to purchase properties for their own benefit.

Catherine Noble

Thu, 28 Apr 2022 13:01:29 GMT+00:00

What is the quorum for sole director companies?

A company had three directors. After a disagreement, one of the directors was removed by the original director and the other director resigned. The removed director then presented an unfair prejudice petition, and the company counterclaimed.

Neil Smyth

Thu, 28 Apr 2022 12:28:42 GMT+00:00

Preparing for Project Expiry – higher education sector

In February 2022 the Infrastructure and Projects Authority (IPA) published its practical guidance “Preparing for PFI contract expiry”.

Mark Hanlon

Wed, 27 Apr 2022 14:17:34 GMT+00:00

Employment: HR Hub national webinar

Our May HR hub will focus on our top six tips for managing sickness absence

Fri, 22 Apr 2022 13:59:37 GMT+00:00

Forum non conveniens – tactical strategies?

High Court sets out its approach to the Latin maxim “forum non conveniens” or in plain English, the “inconvenient forum” alongside Regulation 1215/2012 post Brexit.

Gabriella Traynor

Thu, 21 Apr 2022 11:50:05 GMT+00:00

Preparing for PFI Expiry

PFI (Private Finance Initiative) was once a big industry. Then, in the early 2010s, it fell out of favour. Whilst operational PFI projects ticked along, with a lack of new government projects, it could be said to be an industry with its glory days behind it. Could that be about to change? Could the PFI industry see a massive expansion in the years ahead?

Mark Hanlon

Tue, 12 Apr 2022 09:08:26 GMT+00:00

Mills & Reeve enhances intellectual property offering with major new hire

Leading national law firm Mills & Reeve has appointed highly experienced intellectual property partner Alex Newman.

Alex Newman

Mon, 11 Apr 2022 10:00:34 GMT+00:00

AIM-listed Randall & Quilter advised on £480m takeover offer

Mills & Reeve has advised Randall & Quilter on Brickell Insurance Group’s £480 million takeover offer with a new $100 million equity fundraising.

Stephen Hamilton

Fri, 8 Apr 2022 15:43:35 GMT+00:00

Non-domiciled status – what does this mean?

The topic of “non-doms” is back in the news cycle this week, with the revelation that the Chancellor of the Exchequer’s wife Akshata Murty claims non-domiciled status. However, much of the news coverage of this issue (politics aside) has been somewhat misleading for any non-lawyers who might be following the story.

Sarah Cormack

Fri, 8 Apr 2022 14:42:02 GMT+00:00

Foundations: webinars for the construction and engineering industry

A series of webinars on legal issues affecting the construction and engineering industry.

Alison Garrett

Tue, 5 Apr 2022 09:18:20 GMT+00:00

Trusts and electronic money institutions

In processing electronic payments and issuing electronic money in the form of pre-paid cards, AWL had to safeguard customer monies either segregating them or by putting in place insurance or guarantee arrangements to the value of the funds held as required under the Payment Services Regulations 2017 (PSR) and Electronic Money Regulations 2011 (EMR). AWL chose the segregation method.

Jamie Wheatley

Thu, 31 Mar 2022 16:14:15 GMT+00:00

When should a monitor terminate a moratorium?

This case involved a group structure of multiple restaurant operating companies (OpCos) all owned by a parent company (TopCo).

Morgan Bowen

Thu, 31 Mar 2022 15:55:25 GMT+00:00

Extension of administrators’ appointment valid

The joint administrators sought to extend the term of their appointment by a year, by seeking the consent of the secured and preferential creditors. They sent a notice to the preferential creditors, with a covering letter and a progress report posted on the online creditors' portal. They obtained the requisite voting majorities.

Jacob Walker

Thu, 31 Mar 2022 15:25:39 GMT+00:00

EU pension schemes and bankruptcy

McNamara was an Irish property developer made bankrupt in England following a change of COMI. The question was whether his valuable rights under an Irish occupational pension scheme could be claimed for the estate by his Trustee in Bankruptcy.

Lino Di Lorenzo

Thu, 31 Mar 2022 15:15:09 GMT+00:00

If it quacks like a preference…

A company owned a property. After having ceased to trade and, on the evidence, being insolvent, the company sold the property, repaid the mortgage debt and then sent the balance of the sale proceeds to an associated company who then distributed those monies to the respondents in repayment of their loans to the company. The company then went into creditors’ voluntary liquidation.

Neil Smyth

Thu, 31 Mar 2022 14:46:37 GMT+00:00

Court approved five classes of creditors in restructuring plan

ED&F Man Holdings Ltd (the company) proposed separate meetings for five classes of plan creditors (being the BBF lender, the RCF lenders, two classes of Secured Term loan lenders, and the ANZ Parties).

Catherine Noble

Thu, 31 Mar 2022 14:34:01 GMT+00:00

Court sanctions restructuring plan

Amicus Finance PLC (the Company) was a finance provider who experienced financial difficulties and entered administration. The administrators originally intended to collect out the company’s loan portfolio but when that became financially unviable, the administrators proposed a restructuring plan.

Tim Evans

Thu, 31 Mar 2022 13:36:12 GMT+00:00

Insurance: beauty treatment claims webinar

Felicity Ho and Hannah Hale from our casualty team and Sarah Rose from our medical malpractice team discuss the increasingly popular cosmetic surgery industry.

Felicity Ho

Wed, 30 Mar 2022 16:54:40 GMT+00:00

Nationality and Borders Bill

The Nationality and Borders Bill sets out the Government’s provisions to overhaul the UK’s asylum system. The Bill has been highly controversial from the outset and was quickly labelled by campaigners as the “Anti-Refugee Bill”. The UN Refugee Agency (“UNHCR”) has also highlighted significant concerns regarding many of the Bill’s provisions.

Sally Lansdell

Wed, 30 Mar 2022 16:13:43 GMT+00:00