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The latest legal articles and publications from Mills & Reeve.

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“Achieve More Together”: Mills & Reeve's Reach mentoring scheme

Earlier this year we were excited to launch Mills & Reeve’s first Reach mentoring scheme to support our Reach staff. I am proud to be part of the wider Reach network and a member of the Reach Mentoring Committee. As a lawyer from an Asian background reflecting on my personal journey into the legal profession, I understand the challenges and barriers facing black, brown and mixed heritage lawyers. It therefore comes as no surprise that working in a firm that fosters diversity and inclusion is very important to me. Diversity and inclusion is at the heart of Mills & Reeve’s strategy.

Sushila Pindoria

Wed, 20 Oct 2021 12:31:21 GMT+01:00

Health and Care Conversations: Primary Care Redevelopment

Recorded on 19 October 2021, Rob Day and Jennifer Lewis of Mills & Reeve are joined by Ian Hume of the BMA and Jonathan Webb at Assura to discuss Improving or renewing your GP Surgery and the role of the ICB.

Rob Day

Wed, 20 Oct 2021 12:13:11 GMT+01:00

Thriving places: developing your place based partnership arrangements

Autumn has seen the publication of several further guidance documents from NHS England/Improvement to support systems preparing to establish ICS arrangements from April 2022.

Rhian Vandrill

Fri, 15 Oct 2021 14:49:24 GMT+01:00

Hirachand v Hirachand: The Court of Appeal controversially upholds the recoverability of CFA success fees in 1975 Act claims

The Court of Appeal handed down its decision in the case of Hirachand v Hirachand on Friday 15 October 2021. Despite Parliament having passed legislation aimed at preventing the recoverability of success fees payable under Conditional Fee Agreements (commonly referred to as a “no win, no fee” agreements), the Court confirmed that individuals bringing claims under the Inheritance (Provision for Family and Dependants) Act 1975 can recover these success fees from the estates they are claiming from. Conditional Fee Agreements, which have been described as “the major contributor to disproportionate costs in civil litigation”, may now become the dominant means of funding these claims.

Ben Reeves

Fri, 15 Oct 2021 09:23:19 GMT+01:00

Suits you? Insurers deploy anti-suit injunction to enforce exclusive jurisdiction clauses

James Thompson and Ash Patel discuss the Commercial Court’s recent decision in AIG Europe SA and Others v John Wood Group Plc, a case which shows the effectiveness of anti-suit injunctions in enforcing exclusive jurisdiction clauses in excess layer insurance policies. Of interest to claims adjusters and underwriters.

James Thompson

Tue, 12 Oct 2021 11:16:39 GMT+01:00

EU holds up mirror to UK’s whistleblowing legislation

The EU Whistleblowing Directive is due to be implemented across the EU by mid-December. The UK will not have to follow suit, but what lessons can be drawn from its provisions?

Charles Pigott

Mon, 11 Oct 2021 10:41:22 GMT+01:00

Private Affairs newsletter - Autumn 2021

Read our most recent newsletter for the private wealth sector.

Andrew Playle

Mon, 11 Oct 2021 10:36:40 GMT+01:00

Health and Care Bill: all change for provider selection

Rona McPherson considers the impending changes to the commissioning of healthcare services and procurement rules outlined in the Health and Care Bill.

Rona McPherson

Thu, 7 Oct 2021 10:08:24 GMT+01:00

Is Black History Month still relevant?

Black History Month to me means using the 31 days of October to celebrate black history and culture. Across the month I usually expect to see relatable news articles, conversations springing up with friends and associates about topical matters, and perhaps even pop-ups around cities.

Omar Nwoko

Wed, 6 Oct 2021 11:49:49 GMT+01:00

Residential property developer tax – FAQs

What is RPDT? Residential Property Developer Tax (RPDT) is a new tax proposed to be levied against certain residential property developers on certain profits.

Emily Wilkinson

Tue, 5 Oct 2021 15:51:28 GMT+01:00

Disclosure applications in preference claim

The Liquidator claimed against the Respondent to recover a payment of £115 million as an alleged preference under s.239 IA 1986. The Respondent was connected with the company for the purposes of s.239, so there is therefore a rebuttable presumption of a desire to prefer.

Jacob Walker

Mon, 4 Oct 2021 10:46:08 GMT+01:00

Part 26 scheme sanctioned

The companies proposing the scheme were high interest rate lenders to individuals on low to moderate incomes. The companies proposed the scheme to deal with potential claims that the borrowers had for failure to comply with statutory requirements on lending.

Morgan Bowen

Mon, 4 Oct 2021 10:32:41 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 and provided multi-country and cross-currency payment account services.

Tim Evans

Mon, 4 Oct 2021 10:21:09 GMT+01:00

Who pays the rates?

The defendants, registered owners of unoccupied commercial property, had incorporated SPVs, and granted leases of the properties to them. Under the scheme, each SPV became the “owner” of the property for the purpose of rates liability.

Catherine Noble

Mon, 4 Oct 2021 10:11:41 GMT+01:00

Waiver in insolvency proceedings

The trustees in bankruptcy brought proceedings under Insolvency Act s339 and/or s423, that were issued in October 2019 and listed for first hearing in March 2020. The limitation period for the claims expired in February 2020.

Jamie Wheatley

Mon, 4 Oct 2021 10:03:40 GMT+01:00

Challenging valuations for voting purposes

This case concerned a challenge made by a creditor (also a director) against a decision by an administrator to value another creditor’s debt for voting purposes.

Lino Di Lorenzo

Mon, 4 Oct 2021 09:54:20 GMT+01:00

Coronavirus v winding up petition – who wins?

The creditor presented a winding up petition against a debtor in respect of a construction debt following an adjudication and subsequent judgment.

Neil Smyth

Mon, 4 Oct 2021 09:41:02 GMT+01:00

Mediation and sports law

"The number of sports related disputes has increased exponentially in recent years and, while some sports regulations and contracts provide for early mediation prior to commencing arbitration or litigation, mediation is generally under-utilised in sport. I predict a surge in mediation cases in the coming years as clients realise the full potential of being empowered to frame the terms of resolution of their disputes (not to mention the cost and time benefits as well as the potential to preserve relationships and protect reputations)”.

Carol Couse

Wed, 29 Sep 2021 11:08:54 GMT+01:00

Government considers Polluter Pays Principle for cladding

A group of residents from the Royal Artillery Quays building in Woolwich, East London is proposing a further amendment to the Building Safety Bill to incorporate what is known as the Polluter Pays Principle. 

Adele Evans

Fri, 24 Sep 2021 07:49:30 GMT+01:00

Inclusion in sport – fair game for all?

This year has been a great one for sport: the return of Wimbledon, and the delayed Euros, Olympics and Paralympics; there have been many sports headlines that have kept the nation gripped and talking. But in 2021 what’s been notable is that headlines have gone beyond reporting on scores, winners, and who is moving where. Many have put diversity and inclusion issues under the spotlight, but some have demonstrated that there is still much to do to fully embed diversity, inclusion and equity within sport.

Ainslie Wilson-Shearer

Thu, 23 Sep 2021 10:58:39 GMT+01:00

Environmental, social and governance – the bigger picture for life sciences

Business leaders know that environmental, social and governance issues are increasingly important – to their customers, their people and their investors. This is no longer a "nice to have", but a key part of doing business in the modern world. At Mills & Reeve, we are bringing an ever-increasing focus to our own business practices, and, more importantly, to how we can support our clients in achieving their own ESG goals. Here we consider what this means for the life sciences sector and what steps we are seeing organisations take to make a real difference.

James Fry

Fri, 17 Sep 2021 08:52:32 GMT+01:00

A partial return of winding up petitions

The option to present a winding up petition for the non-payment of debt temporarily returns from 1 October 2021, albeit with a modified approach.

Tim Evans

Wed, 15 Sep 2021 15:58:44 GMT+01:00

Sustainable investing and ESG investing in the health and care sector

Sustainability, net zero, ESG. All topics that are (or should be) at the top of every organisation’s agenda. But many are confused about what they should be doing and indeed what is ESG.

Jill Mason

Wed, 15 Sep 2021 14:50:03 GMT+01:00

Family mediation voucher scheme is extended

Thanks to further investment, the scheme launched by the Government earlier this year will now help even more couples access mediation. Applicants can still apply for a £500 family mediation voucher that can be used towards the cost.

Alison Bull

Tue, 14 Sep 2021 15:58:23 GMT+01:00

Four new reasons to ask staff about their vaccination status

The lifting of most lockdown restrictions, combined with the introduction of some differential treatment for doubly vaccinated individuals, has given employers a number of new reasons to ask about the vaccination status of their workers.

Charles Pigott

Mon, 13 Sep 2021 12:46:17 GMT+01:00

Government plans additional measures to combat workplace harassment

The Government’s commitment to impose a new duty on employers to take “all reasonable steps” to prevent harassment in the workplace marks a new departure in discrimination law. In the public sector, the new duty is likely to overlap with the existing public sector equality duties set out in the 2010 Equality Act, but so far no positive, preventative duties have been imposed on private employers in this area.

Sara Barrett

Mon, 13 Sep 2021 11:17:36 GMT+01:00

Are children using the internet or is it using them? - the ICO’s age appropriate design code

UK data privacy regulator, the ICO, has published the final version of its age appropriate design code (the Children’s code). This will already be familiar to those providing content intended for children, with refinement of the drafting following consultation with industry and users in 2019. But it reaches further than you might imagine, and it will be important for many organisations to assess and implement compliance in the 12 month transition period allowed for compliance.

Paul Knight

Wed, 8 Sep 2021 08:01:34 GMT+01:00

Limitations to the Building Safety Bill

On 4 July 2021, the Housing Secretary Robert Jenrick announced that neither the taxpayer nor a leaseholder should have to fund works to remediate “shoddy workmanship”. In the context of dangerous cladding, he announced an "unusual change in the law" to retrospectively change the law to "give every homeowner 15 years in which to take action against the people who built their building".

Ben Hardiman

Thu, 2 Sep 2021 17:24:53 GMT+01:00

Construction product sector pauses for breath with postponement of UKCA

With an industry already feeling the pains from material shortages, delays and price increases as demand and supply issues affect construction projects globally, a potential further increase in costs and supply delays was looming for 1st January 2022. This related to the introduction of the UK product certification scheme (aka UKCA) replacing CE marking under the terms of the EU Withdrawal Agreement the UK negotiated.

Alison Garrett

Thu, 2 Sep 2021 16:10:58 GMT+01:00