RSS Feed
Mills & Reeve legal publications - RSS feed
The latest legal articles and publications from Mills & Reeve.

Feed Contents:

GP partnership agreements

Why have them and what should they include?

Rob Day

Fri, 17 May 2024 10:49:37 GMT+01:00

Preparing for Heat Networks

There are over 14,000 heat networks in the UK, the bulk of which are in England and Wales. However, this represents a modest fraction of existing UK heat supply (around 2%). To achieve the UK Government’s 2050 national net zero target, this needs to be scaled up to 18% of total supply in the years ahead requiring investment of billions.

Nick Helm

Fri, 17 May 2024 09:56:39 GMT+01:00

Litigation round-up May 2024

A round-up of some recent litigation cases that may be of interest.

Miranda Whiteley

Thu, 16 May 2024 14:08:01 GMT+01:00

The Building Safety Act 2022 : Update on key issues for litigators

In November 2022, Alison Garrett wrote a three-part series of articles for litigators about the Building Safety Act 2022, which had been enacted earlier that year. Eighteen months later, what does the position look like for litigators?

Alison Garrett

Thu, 16 May 2024 10:55:50 GMT+01:00

Greenwashing: Where are we now?

Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.

Rachel McDonnell

Thu, 16 May 2024 10:46:27 GMT+01:00

Fixed Recoverable Costs: Where are we now?

By now most of us involved in civil litigation will be familiar with the new Fixed Recoverable Costs (FRC) rules that came into force in October 2023. Now they have been with us for just over half a year and undergone one set of changes, we thought it was time to have a brief look at how the rules have changed and how, if at all, they are changing the way we litigate.

Jagjit Singh Virdi

Thu, 16 May 2024 10:15:10 GMT+01:00

Trustee update - May 2024

Welcome to our May trustee update prepared by members of our dedicated trust team.

Sarah Wood

Wed, 15 May 2024 09:44:46 GMT+01:00

Restructuring plans - Project Lietzenburger

This case concerned a restructuring plan proposal by a Luxembourg registered plan company incorporated for the purpose.

Morgan Bowen

Mon, 13 May 2024 14:35:17 GMT+01:00

Counterclaims and the administration moratorium

This claim concerned the termination of lease of a Boeing 747-400. The defendant company (WWTAI) was the current lessee but it terminated the lease, took possession of the aircraft and sold it.

Lino Di Lorenzo

Mon, 13 May 2024 14:09:42 GMT+01:00

No requirement for an English judgment as a precondition to proceeding with a petition

Ernestovich Drelle was made bankrupt on 31 March 2023. The bankruptcy petition was based on a judgment debt of RUB 2 billion (c.£22 million) (the judgment).

Catherine Noble

Mon, 13 May 2024 11:11:54 GMT+01:00

12-year Bankruptcy Restriction Order for dishonest bankrupt

The official receiver applied for a Bankruptcy Restriction Order (BRO) against a bankrupt who had persuaded four investors to loan him funds for an apparent property investment.

Jacob Walker

Fri, 10 May 2024 13:14:44 GMT+01:00

Administrators can seek fee approval post removal

This decision followed last year's decision, whereby the court sanctioned a restructuring plan and ordered that administrators’ appointment ceased to have effect.

Neil Smyth

Fri, 10 May 2024 13:03:50 GMT+01:00

Building Garden Communities Conference

One of the strongest themes to come out of the keynote speeches and panel discussions at the BGC Conference 2024, was that people are at the heart of the matter when we talk about building new communities. Yes, we need attractive, well designed, and well-built places, but not for the sake of it. Rather it's to improve the quality of life for the people living there.

Christine de Ferrars Green

Thu, 9 May 2024 15:13:41 GMT+01:00

TECHtalk Q&A: Navigating the data protection tightrope to the USA…without falling off!

We received excellent delegate feedback to our most recent TECHtalk webinar, in which we considered the EU-US Data Privacy Framework (DPF), as well as the UK-US Data Bridge (Data Bridge): “As I've expressed before, one of the best, if not the best, sessions out there on Data Protection matters in my opinion”. We received lots of questions as well as part of the session, so in this Q&A, we answer some of those raised during the webinar, which we didn’t get time to answer during the TECHtalk.

Jagvinder Singh Kang

Thu, 9 May 2024 14:05:36 GMT+01:00

When smart devices go bad

Smart devices, or the Internet of Things (IoT) devices, have become a common and integral part of consumers’ lives. Therein lies an inherent problem, as the associated increased connectivity brings heightened cybersecurity risks. These risks can lead to cyber fraud, loss of personal data, as well as physical injury. They can also give rise to significant business disruption.

Jagvinder Singh Kang

Wed, 8 May 2024 11:44:43 GMT+01:00

Not on my video playlist! – Customer personal data

Roku, a prominent video streaming service provider in the USA, with approximately 80 million active users, recently identified that it had been subjected to two cyber attacks this year. The first came to its attention in March of this year, and it became aware of the second incident in April.

Jagvinder Singh Kang

Wed, 8 May 2024 09:01:56 GMT+01:00

Don’t let your AI chatbot get too chatty!

Earlier this year, leading parcel courier company, DPD, had a rather unfortunate experience with its use of its AI chatbot, following a system update to the chatbot.

Jagvinder Singh Kang

Wed, 8 May 2024 08:40:47 GMT+01:00

“1 + 1 = 2” – Why this simple equation may have impact for fiduciaries

Does the recent case of Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16 change our understanding of fiduciary duties and conflicts of interest?

Beth Price

Tue, 7 May 2024 14:34:25 GMT+01:00

Understanding attitudes to IHT in the face of reform

To paraphrase Benjamin Franklin there are two certainties in this world, death and taxes, and it therefore stands to reason that nothing could be more certain than Inheritance Tax (IHT). With the Institute for Fiscal Studies (IFS) making a renewed call for reform of IHT relief, it provides a good opportunity to look at public perception of IHT, how it works in practice, and whether any kind of reform is on the horizon.

Michael Vivona

Fri, 3 May 2024 13:09:18 GMT+01:00

Another step closer to compulsory mediation?

The recent judgment handed down in Churchill v Merthyr Tydfil County Borough Council confirmed that the court can order parties to engage in “non-court-based dispute resolution” (such as mediation, arbitration, or conciliation which is often referred to as Alternative Dispute Resolution or ‘ADR’ for short) or order a stay in proceedings for it to take place.

Katie Jones

Fri, 26 Apr 2024 13:21:58 GMT+01:00

Bellway v Surgo and Bellway v Surgo: a double-header on adjudication

Two recent TCC cases between these parties provide a refresher on an adjudicator’s jurisdiction, and highlight the Court’s reluctance to interfere too far in this “rough and ready” form of justice.

Peter Lennon

Fri, 26 Apr 2024 10:54:06 GMT+01:00

The interface between PSIRF and inquests

As we hurtle through 2024 and with the Patient Safety Incident Response Framework (PSIRF) operational for approximately six months we thought a reminder of some of the key principles might be helpful at this point in time.

Supriya Sriprasad

Thu, 25 Apr 2024 14:38:58 GMT+01:00

CMA publishes final principles on AI Foundation Models

On 16 April 2024, the Competition and Markets Authority (CMA) published a technical update report relating to the CMA’s review of Artificial Intelligence (“AI”) Foundation Models (“FMs”) (ie, large, machine learning models trained on vast amounts of data).

Sara Warner

Tue, 23 Apr 2024 16:07:47 GMT+01:00

GP property succession planning: what are the options?

GP premises play an essential role in the day-to-day activities of GP practices. Getting your property succession planning in order is key to ensuring a smooth transition when your partnership changes, whether it’s a new partner joining or retiring. There are several options but planning ahead will ensure a smooth transition.

Rob Day

Mon, 22 Apr 2024 16:28:59 GMT+01:00

Common issues with LPAs and how to avoid them

A Lasting Power of Attorney (LPA) is a legal document where one person (often referred to as the donor) gives another person the right to make decisions on their behalf.

Milly Larner

Fri, 19 Apr 2024 09:36:06 GMT+01:00

Monitoring the Mental Health Act 2022/23: key points to note

The Care Quality Commission (CQC) published its latest annual report on 21 March 2024. There are 76 pages to be digested.

Jill Mason

Mon, 15 Apr 2024 17:04:45 GMT+01:00

Commentary on Savage v Savage – “More like guidelines than actual rules”

The Court of Appeal recently handed down judgment in Savage v Savage. This case concerned the factors to be considered by a Court when deciding whether to grant an Order under s.14 of the Trusts of Land and Appointment of Trustees Act 1996. In particular, how to take account of the majority view in disputes between joint owners of property.

James Russ

Fri, 12 Apr 2024 15:36:18 GMT+01:00

Four months on from Operation X: Secrets of the Horse Billionaire

In this article, Giverny Wroe, a senior associate in our sports and insurance disputes team, provides an overview of the action taken by various regulatory bodies following the documentary, Operation X: Secrets of the Horse Billionaire.

Giverny Wroe

Wed, 10 Apr 2024 10:54:13 GMT+01:00

Lack of company records is no defence

Liquidators of a scrap metal company brought claims against a director (Mr Crabb) relating to the under-declaration of VAT, the extraction of large cash sums for no apparent benefit of the company, and the destruction of books and records.

Jacob Walker

Mon, 8 Apr 2024 16:07:36 GMT+01:00

Safeguarding under the Payment Services Regulations

This case concerned an application by a members’ voluntary liquidation liquidator of an electronic money institution for directions in relation to certain residual money held by the company that had not been claimed by clients.

Morgan Bowen

Mon, 8 Apr 2024 15:45:50 GMT+01:00

Abu Dhabi bankruptcies recognised as foreign main proceedings

Khaleefa Butti Omair Yousif Almuhairi and His Excellency Saeed Mohamed Butti Khalfan Alqebaisi (the debtors) are subject to bankruptcy proceedings in Abu Dhabi.

Catherine Noble

Mon, 8 Apr 2024 15:15:45 GMT+01:00

No delivery up of assets as set-off

This application concerned a dispute arising out of construction works carried out by Castletech Retail for L’Occitane Limited. When Castletech went into liquidation, it claimed to be owed £396,000 by L’Occitane. L’Occitane had served a pay less notice asserting no sums were due and claimed repayment of £676,000.

Lino Di Lorenzo

Mon, 8 Apr 2024 13:40:10 GMT+01:00

Court allows appointment of joint administrators as joint liquidators

The joint administrators of the company made an application seeking various orders, including that: (1) the company be wound up under the Insolvency Act 1986 and they be appointed as joint liquidators; and (2) their remuneration, as joint liquidators, should be fixed in advance as 20% of the value of any assets recovered in the liquidation.

Preena Lal

Mon, 8 Apr 2024 13:25:51 GMT+01:00

Court approves modified restructuring plan

The court sanctioned a scheme of arrangement involving the restructuring of a German holding company's debts, totalling €264 million, which matured in August 2024.

Neil Smyth

Mon, 8 Apr 2024 13:14:36 GMT+01:00

Private Residence Relief – a brief summary

Angela Rayner has been in the news again recently, with questions persisting over whether she correctly declared capital gains tax (CGT) on the sale of her house in 2015. Most people know the headline, that you don’t pay CGT when you sell your home due to Principal Private Residence Relief (PPRR), so you may be wondering why this is a story.

Elizabeth Field

Fri, 5 Apr 2024 10:51:59 GMT+01:00

Mental Health Act reform: the story so far

The arrival of the spring solstice on 21 March 2024 also saw the publication of the Government’s long-awaited response to the Joint Committee’s report on the draft Mental Health Bill.

Jill Mason

Tue, 2 Apr 2024 12:08:59 GMT+01:00

Aisle be staying – Sainsbury’s defeats landlord’s redevelopment ground

This year is set to put the Landlord and Tenant Act 1954 (LTA 1954) in the spotlight, with the publication of the Law Commission’s review due in Autumn 2024. One case which may now be brought within that review is Sainsbury’s Supermarkets Limited v Medley Assets Limited [2024], in which Sainsbury’s defeated its landlord’s opposition to its request for a new lease under the LTA 1954.

Samuel Maw

Tue, 2 Apr 2024 10:49:33 GMT+01:00

10 years on: has the Cheshire West decision gone west?

Mrs Justice Lieven’s recent judgment perhaps represents the most serious (albeit first instance) challenge to Cheshire West in the 10 years since it was handed down. In this article, we explore the approach Mrs Lieven took to the question of deprivation of liberty of a child, which may have wider implications.

Leah Selkirk

Thu, 28 Mar 2024 14:10:53 GMT+00:00

Walking the tightrope: balancing best interests decisions in covert medication and residence cases

A recent decision from Mr Justice Poole in the Court of Protection sheds new light on the intricacies surrounding best interests decisions in respect of the administration of covert medication and residence.

Katie Pilcher

Wed, 27 Mar 2024 09:38:31 GMT+00:00