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The latest legal articles and publications from Mills & Reeve.

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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+01:00

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 15:57:11 GMT+01:00

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

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 16:52:13 GMT+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

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+01:00

Mapping the FutuRE - environmental sustainability Q&A with University of Worcester

In the next in our series of Environmental Sustainability conversations with leading names from the world of Real Estate Investment, Laura Ludlow was pleased to talk to Director of Sustainability, Katy Boom and Assistant Director – Estates, Mark Evans from University of Worcester.

Joanna Davies

Wed, 30 Mar 2022 14:22:55 GMT+01:00

Litigation round-up March 2022

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

Miranda Whiteley

Tue, 29 Mar 2022 14:30:27 GMT+01:00

Litigation privilege and the disclosure of investigatory reports

Five years ago it could be an uphill battle for a party to claim litigation privilege over a contemporaneous internal or external investigatory report. Some recent decisions suggest that a more flexible approach is now being endorsed by the courts.

Miranda Whiteley

Tue, 29 Mar 2022 14:30:08 GMT+01:00

Further extension of fixed recoverable costs in civil claims

A major set of reforms is planned further to the Jackson Reforms in 2013. We look at the proposed extension of fixed recoverable costs and what it is likely to mean for defendants and their insurers.

Jagjit Virdi

Tue, 29 Mar 2022 14:29:46 GMT+01:00

Confidentiality in the #MeToo era

Non-disclosure agreements remain in the public eye following Prince Andrew’s recent settlement with Virginia Giuffre. We look at the tricky issues raised by NDAs including the Solicitors Regulation Authority’s rules applying to the content of confidentiality clauses and problems enforcing confidentiality obligations.

Alex Lowe

Tue, 29 Mar 2022 14:28:42 GMT+01:00

Sure Valley Ventures complete first close of £95m UK software technology fund

Mills & Reeve worked closely with Sure Valley Ventures to complete a first close of the £95 million fund.

Dona Ardeman

Thu, 24 Mar 2022 12:13:53 GMT+00:00

Mapping the FutuRE - environmental sustainability Q&A with Fidelity Real Estate

In the first in our series of Environmental Sustainability conversations with leading names from the world of Real Estate Investment, Laura Ludlow was pleased to talk to Ewan Montgomery, Portfolio Manager of Fidelity Real Estate who offered interesting insights. In October 2021, Fidelity Real Estate published its Net Zero Carbon Commitment showing how it will approach the transition to net zero carbon. Ewan talks to Laura about their commitment.

Joanna Davies

Mon, 21 Mar 2022 09:09:50 GMT+00:00

ICSs, places and the Integration White Paper

This White Paper sets out further detail around England’s 42 Integrated Care Systems who will be put on a statutory footing in July 2022, subject to the Health and Care Bill’s progress through Parliament.

Tania Richards

Fri, 18 Mar 2022 16:47:03 GMT+00:00

Sporting risks: The duty of care owed by Jockeys

The High Court considers the duty of care owed by Jockeys in the case of: Tylicki v Gibbons [2021].

Jagjit Virdi

Wed, 16 Mar 2022 15:15:11 GMT+00:00