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CIGA – extension of time

The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2020 will come into force on 29 September 2020. This will amend a number of the provisions included within the Corporate Insolvency and Governance Act 2020 (CIGA). It appears to be a continuation of the Government’s attempts to give businesses additional breathing space to manage the impact of COVID-19.

Catherine Noble

Fri, 25 Sep 2020 08:17:30 GMT+00:00

Job Support Scheme FAQs

A new scheme to support jobs over the winter was announced by the Chancellor on 24 September. It will replace the Coronavirus Job Retention Scheme, which closes at the end of October.

Charles Pigott

Thu, 24 Sep 2020 15:57:27 GMT+00:00

NEW edition of Who Pays? published: Is 2020 the year of clarity for responsibilities for detention and aftercare under the Mental Health Act 1983?

Welcome to the final article in our series of briefings on the new edition of Who Pays? This time we are going to focus on how to establish the identity of the party with funding responsibility for detentions and aftercare packages under MHA 1983.

Jane Williams

Thu, 17 Sep 2020 08:53:36 GMT+00:00

The Meaning of (design) Life

In the article we look at the way in which contracting parties define the use of the phrase “design life”. We find that allegations as to breaches of design are often couched in terms of a contractual failure to comply with designated design life requirements as specified in the contractual documents. But what does the term “designated design life requirements (“DDLR”)“ mean? And what arguments can be raised in its defence?

Miranda Perks

Wed, 16 Sep 2020 12:31:13 GMT+00:00

The intellectual property system just doesn’t work for AI

Well, maybe that’s not quite true, but it is a concern for many in the field.

Mark Pearce

Wed, 16 Sep 2020 08:50:59 GMT+00:00

Has COVID-19 any part to play in a claim for Business interruption?

On 1 May 2020 the FCA released a short statement of its intention, following the start of the coronavirus pandemic, to obtain court declarations aimed at resolving contractual uncertainty in selected Business Interruption policies.

Harriet Strevens

Wed, 16 Sep 2020 07:41:40 GMT+00:00

The Singapore Mediation Convention comes into force on 12 September 2020

The United Nations Convention on International Settlement Agreements Resulting from Mediation which was unveiled in 2019 (more commonly known as the ‘Singapore Mediation Convention’) comes into force on 12 September 2020.

Eric France

Fri, 11 Sep 2020 14:51:31 GMT+00:00

CJEU opine on COMI yet again

Under the Recast Insolvency Regulation ((EU) 2015/848), “main” insolvency proceedings can only be opened in the Member State in which the debtor has their centre of main interests (“comicile”). For individuals not exercising an independent business or economic activity, there is a presumption, in the absence of proof to the contrary, that the individual's habitual residence is their comicile. (Albeit that presumption only applies if the habitual residence has not been moved to another Member State within the 6-month period prior to the bankruptcy petition.)

Morgan Bowen

Thu, 10 Sep 2020 14:44:50 GMT+00:00

Liquidator successfully opposes summary judgment

The liquidator of the partnership (LLP) brought misfeasance proceedings against a former designated member of the LLP, who had exited the business with a significant termination payment. At the time of his exit, adjudication proceedings were outstanding against the LLP. The adjudicator had made a provisional award requiring the LLP to pay £220,000 into an escrow account.

Helen Fyles

Thu, 10 Sep 2020 14:38:39 GMT+00:00

Preference Claim Provable in CVA

North Point Global Limited (Company) entered into a CVA in September 2017. In May 2018, Baltic House Developments Limited (BHD), a subsidiary of the Company, entered compulsory liquidation.

Catherine Noble

Thu, 10 Sep 2020 14:28:02 GMT+00:00

Bankruptcy petition defects rectified by court

The Debtor had guaranteed the debts of a company which the Petitioner had obtained a substantial arbitration award against. The parties signed a settlement agreement that limited the claim against the Debtor and obliged the Petitioner to continue pursuing the company for the debt, although it qualified that the full amount could be claimed from the Debtor if he failed to make any of the monthly instalments provided for.

Jack Gale

Thu, 10 Sep 2020 14:21:28 GMT+00:00

Administrators and the statutory objective

Following the approval of a scheme of arrangement, the administrators of Lehman Brothers Investment (Europe) (“LBIE”) received a request from the directors of LBIE to distribute the surplus to the sole shareholder. The administrators had surplus cash of £29m, with a further £145m expected by the end of 2020. Administrators have no power to distribute to shareholders, but they do have a power to permit the company to exercise a management power. Could that be done here?

Lino Di Lorenzo

Thu, 10 Sep 2020 14:15:46 GMT+00:00

2020 Pensions Round Up

Clare Grice

Thu, 10 Sep 2020 13:34:50 GMT+00:00

Proofs of debt and costs

In connection with a creditors’ meeting convened to appoint a liquidator to Rochay Productions Limited, the parent company submitted a proof of debt, which the court found to be indefensible. The parent company was in fact a debtor and not a creditor, documents in support had been backdated and it was clear that the proof of debt had been knowingly submitted on a false basis.

Jamie Wheatley

Thu, 10 Sep 2020 11:40:41 GMT+00:00

Costs where two competing petitions

Two bankruptcy petitions had been presented against Mr Maud by two creditors (“L” and “E”). Each creditor had supported the other’s petition. It was highly unusual for there to be two bankruptcy petitions pursued simultaneously. A bankruptcy petition is a class remedy, and the legislation, rules and practice assume that there should only be one petition against a debtor at any one time. E had continued to pursue its second petition at times when L's entitlement and ability to pursue its earlier petition was in doubt.

Jacob Walker

Thu, 10 Sep 2020 11:35:50 GMT+00:00

Administrators entitled to sell charged property

This case involved an investment scam where investors paid deposits for leases of rooms in a nursing home property. The investors’ money was lent by the company to associated companies and never repaid. The investors were granted secured rights in respect of their deposit payments, but unfortunately, these ranked behind a charge granted over the property, and registered at the Land Registry, securing lending in respect of the property’s purchase, which exceeded its value (the “Charge”).

Neil Smyth

Thu, 10 Sep 2020 11:29:47 GMT+00:00

High Court considers Insurers’ duty to act rationally when exercising right to avoid

In the recent case of UK Acorn Finance Ltd v Markel (UK) Ltd , the High Court found that underwriters had failed to apply rational decision making when exercising their discretion to avoid a professional indemnity policy. The court confirmed that in certain circumstances a contractual discretion, even where it is stated to be absolute, is subject to an implied duty to approach the decision rationally and with an open mind (a Braganza duty).

Andrew Tobin

Wed, 9 Sep 2020 13:11:23 GMT+00:00

Developing NHS-led Lead Provider Collaboratives: FAQs to support you

The role of provider collaboratives in improving mental health services is the cornerstone of the NHS’s mental health implementation framework. From April this year, NHS-led lead provider collaboratives are to become the vehicle for delivering all specialised mental health, learning disability and autism services.

Charlotte Lewis

Fri, 4 Sep 2020 14:03:31 GMT+00:00

Examinations and mutant algorithms – could AI innovations face a lock down?

There is little doubt that AI is now one of the leading areas for innovation. From simple machine learning to the objective of artificial general intelligence, AI will affect all our lives.

Alasdair Poore

Fri, 4 Sep 2020 09:14:12 GMT+00:00

The tax risks of working remotely from overseas

As the coronavirus pandemic continues into the autumn, working remotely from an attractive overseas location can be an appealing prospect. However, the tax implications should not be forgotten.

Kevin Lowe

Wed, 2 Sep 2020 09:04:57 GMT+00:00

NEW edition of Who Pays? published: effective from 1 September 2020 – An Introduction

"All good things to those who wait", as they say, but fret not if the news we’d been anticipating keenly for some time now had actually passed you by completely.

Jane Williams

Tue, 1 Sep 2020 14:23:45 GMT+00:00

CIGA – much ado about nothing?

The Corporate Insolvency and Governance Act 2020 came into force on 26 June 2020 amid much fanfare, being described as the biggest change to insolvency law since the Enterprise Act 2002 or even since the granddaddy of insolvency legislation, the Insolvency Act 1986. Morgan Bowen reviews the main provisions for litigators.

Morgan Bowen

Tue, 1 Sep 2020 08:54:27 GMT+00:00

Litigation round-up August 2020

Miranda Whiteley rounds up the latest cases for August 2020

Miranda Whiteley

Fri, 28 Aug 2020 10:54:51 GMT+00:00

Commencing or defending litigation on behalf of a company: a checklist for directors

Ben Reeves gives a practical checklist for directors facing litigation.

Ben Reeves

Fri, 28 Aug 2020 10:37:16 GMT+00:00

Is the Standard Essential Patents system holding innovators back?

The Supreme Court has rejected the appeals of Huawei and ZTE in two important Standard Essential Patents cases. This leaves users (or “implementers”) of standards – technology producers both large and small – exposed to aggressive licensing practices and potentially damaging litigation.

Mark Pearce

Fri, 28 Aug 2020 10:27:53 GMT+00:00

Adjudication – is it time for it to be included in all commercial contracts?

Adjudication has been a feature of construction disputes for over 20 years, and it has been successful. There have been various references in recent judgments to just how successful adjudication has been.

Alison Garrett

Fri, 28 Aug 2020 10:17:44 GMT+00:00

Propcos, corporate occupiers, pension funds…have your say

Business rates are the bane of most corporate occupiers but bring in £30bn for the Government each year. After years of assurances, the Government has launched what it calls a “fundamental” review of the business rates system. There is a call for evidence and it is important for all those affected to have their say.

Richard New

Mon, 17 Aug 2020 10:03:28 GMT+00:00

2020 LCIA Arbitration Rules: What has changed and what arbitral users need to know

The London Court of International Arbitration (“LCIA”) has published its new 2020 LCIA Arbitration Rules which will apply to any LCIA Arbitration commenced after 1 October 2020 (unless the parties have agreed otherwise).

Mark Davison

Mon, 17 Aug 2020 09:21:52 GMT+00:00

3D printing and IP

3D printing has seen a lot of airtime during the Coronavirus crisis. It is also rapidly developing. These features make intellectual property highly relevant, both as a business opportunity and a potential risk.

Alasdair Poore

Fri, 14 Aug 2020 08:20:14 GMT+00:00

Protecting personal data in AI – new ICO guidance

Artificial Intelligence (AI) technology is advancing at a rapid pace. However, as the AI available to be used grows more powerful, it becomes ever more important to consider the ethical and legal issues involved.

Paul Knight

Thu, 13 Aug 2020 09:04:31 GMT+00:00

Buying a Day Nursery? Six steps to a smooth acquisition process

According to the Department for Education’s most recent Survey of Childcare and Early Year Providers, in the spring of 2019 there were an estimated 72,000 early years providers offering 1.7m Ofsted registered childcare places in England. However, you can count the number of groups with 50+ settings using your own fingers.

Jonathan Greenwood

Wed, 12 Aug 2020 14:58:26 GMT+00:00

Coronavirus, shielding and local lockdowns

Recent amendments to the guidance for shielded employees in England illustrate the continued importance of flexibility on the part of employers and their workforce during the next phase of the pandemic.

Charles Pigott

Tue, 11 Aug 2020 13:16:28 GMT+00:00

Litigation – operating in the new world

Businesses have been operating under varying lockdown conditions for almost 6 months now, and in August we have seen a change in rhetoric from the UK Government. In short: ‘get back to work’. That is easy to say, but far more difficult to do and confidence is critical, both around safety and also that there will be no sudden policy change.

Angus Turner

Tue, 11 Aug 2020 09:47:33 GMT+00:00

Fine levied after liquidation for a criminal act pre-liquidation is a provable debt

A fine imposed on a company in criminal proceedings was a debt provable in the winding-up or administration of that company where it was triggered by criminal offences committed prior to the entry into liquidation. That was so even if the fine was imposed after the onset of insolvent liquidation.

Jack Gale

Thu, 6 Aug 2020 08:17:02 GMT+00:00

Section 236 of the Insolvency Act 1986 has no extraterritorial effect, save as against EU parties

The liquidators of a company (the “Company”) applied pursuant to section 236(3) of the Insolvency Act 1986 for orders requiring the respondents (Italian companies) to produce documents and give an account of their dealings with the Company.

Morgan Bowen

Wed, 5 Aug 2020 14:32:13 GMT+00:00

Hostile block transfer application dismissed – “too much, too soon”

The First Respondent had operated as an insolvency office holder from Triap Limited (“the Company”). The Second Respondent had acted as a consultant, also taking appointments.

Helen Fyles

Wed, 5 Aug 2020 14:30:17 GMT+00:00

“Volunteer” replacement liquidators do not have standing to restore Companies to the Register

The Claimants, sought to restore 31 companies (Companies) to the Register and sought to be appointed as liquidators over the Companies. They failed to establish that they had locus to bring the claim for the restoration of the Companies, causing ICC Judge Barber to propose dismissal of the claim.

Catherine Noble

Wed, 5 Aug 2020 14:28:19 GMT+00:00

It’s official – liquidators can adjudicate construction disputes

The Supreme Court has settled once and for all – in the liquidator’s favour - whether a company in liquidation can ever use adjudication to resolve construction disputes.

Lino Di Lorenzo

Wed, 5 Aug 2020 14:25:32 GMT+00:00