RSS Feed
Mills & Reeve - RSS feed
The latest articles and events from Mills & Reeve LLP.

Feed Contents:

Round up of recent cases - July 2019

We round up some recent litigation cases.

Miranda Whiteley

Tue, 23 Jul 2019 10:21:48 GMT+00:00

Letters of request: how to obtain the English evidence you need

In a globalised world disputes are increasingly international and frequently require disclosure of evidence from other jurisdictions.

Andrew Tobin

Tue, 23 Jul 2019 10:15:08 GMT+00:00

Supplier in distress – reducing the impact on critical services

In the wake of Carillion’s collapse, businesses are taking an increasingly active role in monitoring the financial position of their key suppliers.

Greg Fearn

Tue, 23 Jul 2019 10:07:34 GMT+00:00

Privilege and disclosure of internal communications

Satellite litigation about disclosure of supposedly privileged internal communications continues to proliferate.

Miranda Whiteley

Tue, 23 Jul 2019 10:02:57 GMT+00:00

GDPR – one year on: data protection and blockchain

It is more than a year now since the introduction of Europe’s new data privacy regime, the GDPR. After a flurry of activity leading up to and following the launch date in May 2018, GDPR fell out of the headlines. Recent high profile penalty announcements running into the hundreds of millions have again highlighted the dangers of failure to comply. We consider some of the issues that are keeping business leaders and privacy regulators awake at night.

Paul Knight

Mon, 22 Jul 2019 15:28:48 GMT+00:00

Insurance Act 2015 put to the test in court

The case of Young v Royal & Sun Alliance is the first reported case to be decided under the new Act.

Andrew Tobin

Mon, 22 Jul 2019 10:54:57 GMT+00:00

Charity Legal Update - July 2019

Our legal update for in-house charity lawyers.

Tori Spratt

Thu, 11 Jul 2019 08:31:37 GMT+00:00

What can other charities learn from the Charity Commission’s final Oxfam report?

The final Charity Commission report into safeguarding issues at Oxfam, which concluded that senior staff failed to alert law enforcement to allegations aid workers in Haiti were having sex with minors, is an important reminder that all charity trustees should continue to consider safeguarding to be a vital focus for their charity.

Tori Spratt

Thu, 11 Jul 2019 08:26:59 GMT+00:00

Anti-suit injunctions and the Madoff Ponzi scheme

The company in liquidation had been part of the multi-billion dollar Madoff Ponzi scheme. Investors purchased shares in the company, which in turn invested in Bernard L Madoff Investment Securities LLC (“BLMIS”). When investors sought to withdraw their investment, BLMIS provided fraudulent valuation reports to support an inflated share value. Investors who redeemed their shares early made a profit, but those who retained their investments long term lost everything.

Helen Fyles

Thu, 4 Jul 2019 13:58:02 GMT+00:00

Adjudicator’s decision for an interim payment not enforced after a company enters CVA

Indigo Projects London Limited (IPL) entered a CVA on 28 February 2019. The Defendants had the benefit of an adjudication award in the sum of £177,662.72 (the Award), made in January 2019. IPL applied for summary judgment to enforce the Award.

Catherine Noble

Thu, 4 Jul 2019 13:48:34 GMT+00:00

“Blind-eye” defence fails in fraudulent trading claim

The respondent director, “W”, incorporated the company which purchased a property in February 2011 for £550,000 from her friend and former employer, “G”. The purchase was funded entirely by loans, including a loan from a company connected with G’s wife and son.

Jacob Walker

Thu, 4 Jul 2019 13:38:35 GMT+00:00

Circumventing an English court order by relying on legal rights in another jurisdiction

An English court order did not have its intended effect; in light of the defendants seeking to reserve any rights they may have under Spanish law to monies, the High Court determined, was payable to the receivers.

Jastinder Samra

Thu, 4 Jul 2019 13:27:52 GMT+00:00

Appropriate circumstances for making an immediate winding-up order and appointment of special managers

The directors of British Steel sought an immediate winding-up order on the basis that the company was unable to pay its debts, due to circumstances including declining demand as a result of Brexit; European competition; the automotive industry; lower revenues from French rail; an increase in commodity prices and the suspension of the free allocation of carbon credits under the EU Emissions Trading Scheme.

Jamie Wheatley

Thu, 4 Jul 2019 13:18:07 GMT+00:00

No resulting trust in favour of a bankrupt

In one of Gabriel Moss QC’s last reported cases, the Court dismissed a claim that three properties owned by a bankrupt’s adult daughter were in fact held on resulting trust for the bankrupt.

Lino Di Lorenzo

Thu, 4 Jul 2019 13:09:56 GMT+00:00

Can a foreign solvent company be recognised in the UK under the Cross Border Insolvency Regulations?

The Judge considered the above issue on an application by provisional liquidators of a Bermudan registered investment company that had been wound up on the just and equitable ground by the Bermudan courts.

Neil Smyth

Thu, 4 Jul 2019 13:02:06 GMT+00:00

Ten Top Tips: The golden rules for a successful GP practice merger

Albeit quite a misleading phrase, “mergers” in the primary care setting is a phrase generally used to cover a situation where two or more practices come together to form an enlarged single practice.

Rob Day

Mon, 1 Jul 2019 09:41:41 GMT+00:00

Ten Top Tips: partnership agreements in a primary care setting

As partnerships remain the primary vehicle GP contractors use to operate their businesses, it is essential for partners to create and maintain a robust agreement to govern their working relationship in order to avoid a myriad of potential issues that can arise from being a Partnership at Will.

Rob Day

Mon, 1 Jul 2019 09:34:36 GMT+00:00

Ten Top Tips: reinvigorating the primary care estate using a third party developer

Given the widely publicised lack of investment in primary care infrastructure, the potential opportunities that arise from third party developments that see a third party own, develop and ultimately let premises should not be understated.

Rob Day

Mon, 1 Jul 2019 09:28:28 GMT+00:00

Barristers’ Fees are property which vest in a trustee in bankruptcy

Fees which arose under a non-contractual engagement were outstanding at the date of the barrister’s bankruptcy. His trustee sought to realise the fees. Apparently the bankrupt barrister had received and held onto certain payments. The barrister was subsequently disciplined by the Bar Standards Board.

Helen Fyles

Thu, 20 Jun 2019 11:17:25 GMT+00:00

Failure to disclose the existence of bankruptcy proceedings was not fatal

An applicant’s failure to disclose the existence of bankruptcy proceedings was not fatal to an interim third party debt order. The court was required to determine whether an interim third party debt order should be made final.

Jacob Walker

Thu, 20 Jun 2019 09:54:50 GMT+00:00

Cambridge Analytica: Joint Administrators appointed as Liquidators notwithstanding creditor opposition

In March 2018, Professor Carroll (an American academic) issued claims against SCL Group Limited, SCL Elections Limited and Cambridge Analytica (UK) Limited founded on the Data Protection Act 1998 (“DPA”).

Catherine Noble

Thu, 20 Jun 2019 09:51:47 GMT+00:00

Displacing the usual order for costs on a winding-up petition

The petition debt, on which a winding up petition listed for hearing on 5 December 2018, was paid on 3 December 2018 by the company under protest with the company reserving its right to recover the payment.

M&R People

Thu, 20 Jun 2019 09:48:04 GMT+00:00

Can directors appoint administrators out of hours?

Another update, another reported decision on the validity of a directors’ appointment. Before the introduction of compulsory electronic filing, a notice of appointment had to be physically handed over the Court desk and sealed.

Lino Di Lorenzo

Thu, 20 Jun 2019 09:45:10 GMT+00:00

Judge refuses to expedite administration of Toys R Us property owning vehicle

Following the Toys R Us administration at the start of 2018, secured creditors, through a new debt servicer, appointed a receiver over shares in the Toys R Us property owning vehicle who duly sold them.

Neil Smyth

Thu, 20 Jun 2019 09:35:36 GMT+00:00

The microbiome – will legal question marks stop progress? Part three – patents

Our understanding of the microbiome is developing rapidly. The systematic collection and analysis of human microbiome samples is generating an increasing – and fascinating - body of data. Based on this data, researchers and clinicians are now also recognising new potential for understanding human disease and developing treatments. What are the legal issues that could stand in the way of progress? In this article we consider issues around patenting of microbiome-based therapies.

James Fry

Wed, 19 Jun 2019 10:07:29 GMT+00:00

The microbiome – will legal question marks stop progress? Part two – regulatory uncertainty

Our understanding of the microbiome is developing rapidly. The systematic collection and analysis of human microbiome samples is generating an increasing – and fascinating - body of data. Based on this data, researchers and clinicians are now also recognising new potential for understanding human disease and developing treatments. What are the legal issues that could stand in the way of progress? In this article we consider regulatory uncertainty when developing microbiome-based therapeutic approaches.

Stephanie Caird

Wed, 19 Jun 2019 10:04:38 GMT+00:00

The microbiome – will legal question marks stop progress? Part one – privacy

Our understanding of the microbiome is developing rapidly. The systematic collection and analysis of human microbiome samples is generating an increasing – and fascinating - body of data. Based on this data, researchers and clinicians are now also recognising new potential for understanding human disease and developing treatments. What are the legal issues that could stand in the way of progress? In this article we consider questions around data privacy.

Stephanie Caird

Wed, 19 Jun 2019 10:01:14 GMT+00:00

£1m investment in a new cell therapy company

Mills & Reeve has advised UCL Technology Fund on a £1m investment into Quell Therapeutics, the new biotechnology company, developing engineered T regulatory cell therapies.

Ali Gamble

Tue, 18 Jun 2019 11:33:32 GMT+00:00

A new framework on authorising a deprivation of liberty

The law on authorising deprivation of liberty is changing.

Helen Burnell

Mon, 17 Jun 2019 14:35:25 GMT+00:00

Technology and the digital ambition for the NHS

Digitally enabled care will go mainstream across the NHS - that is the bold, raw commitment set out in the NHS Long Term Plan. The plan’s ambition for the service is palpable, with technological advances expected to provide new possibilities for prevention, care and treatment.

Charlotte Lewis

Mon, 17 Jun 2019 11:26:50 GMT+00:00

Towards a healthcare workforce utopia

Just in the same way that Quentin Tarantino explains how “spaghetti westerns shaped modern cinema”, the publication of the Interim NHS People Plan lays the foundations needed to deliver the NHS Long Term Plan, with a focus on a number of immediate actions on people and workforce priorities during 2019/20.

Jog Hundle

Mon, 17 Jun 2019 11:20:19 GMT+00:00

Estates acquisition opportunity for NHS providers

Whether you are a NHS trust or a foundation trust the Department of Health and Social Care has very recently issued guidance that may be of interest.

Michael Whatley

Mon, 17 Jun 2019 11:16:50 GMT+00:00

GDPR – one year on: allocating financial risk between customer and supplier

It is a year now since the introduction of Europe’s new data privacy regime, the GDPR. After a flurry of activity leading up to and following the launch date in May 2018 things quietened down. Since then GDPR has fallen out of the headlines, but the bedding in period is far from over. We are reviewing some of the issues that are keeping business leaders and privacy regulators awake at night. In this article, we look at the allocation of financial risk in data processing contracts.

Peter Wainman

Mon, 17 Jun 2019 10:13:17 GMT+00:00

Jaguar Land Rover wins landmark IP win in China – is it the shape of things to come?

The case focused on the British car manufacturer’s award-winning Evoque® design and Jiangling’s “corresponding” Land Wind X7 vehicle, and it is the first case under PRC 2017 Anti-Unfair Competition Law in which a Chinese Court has found in favour of a foreign company in the auto industry. But why is this ruling so note-worthy? And how might this affect smaller businesses who want to protect their intellectual property in China?

Mon, 17 Jun 2019 08:54:06 GMT+00:00

Who owns the invention?

Employees, ex-employees, consultants and ownership... In today's fast-moving and fluid labour market, it can be difficult to pin down when and how an invention is made. This is of crucial importance though. It is likely to make the difference between ownership by the employer or the individual inventors. If the employer owns the invention, it can file patents and stop inventing employees from using the technology if they set up on their own later on.

Mark Pearce

Mon, 17 Jun 2019 07:51:12 GMT+00:00

Brexit: the countdown to October 31

As the Conservative Party’s leadership election kicks off in the wake of last week’s Peterborough by-election, we assess the impact of recent developments on the likely Brexit timetable.

Charles Pigott

Wed, 12 Jun 2019 11:55:28 GMT+00:00

Leases in primary care: ten top tips when negotiating heads of terms

A lease is a contractual document governing the terms that the landlord and tenant agree on before the tenant occupies the premises.

Rob Day

Wed, 12 Jun 2019 09:38:35 GMT+00:00

Must you tell your opponent they’ve made a mistake? Barton restated.

The Court of Appeal has confirmed that a solicitor has no duty to warn their opponent that they are about to make an error in respect of service of proceedings. As many might have expected, a solicitor’s duty is to their own client and not to the other side.

Niall Innes

Wed, 12 Jun 2019 08:11:56 GMT+00:00

The Augar report: Review of Post-18 Education and Funding

The Augar report was presented to Parliament on 30 May 2019 by an independent panel appointed by the Prime Minister and chaired by Dr Philip Augar.

Gary Attle

Thu, 6 Jun 2019 10:57:15 GMT+00:00

Ten Top Tips: Primary Care Networks

Following the 2019/20 GP contract changes, many GP contractors and other community providers will be starting to consider and indeed create Primary Care Networks.

Rob Day

Mon, 3 Jun 2019 09:28:34 GMT+00:00

State Aid rules and British Steel

British Steel’s collapse highlights the effect of the restrictions or controls, depending on your point of view, on the use of taxpayers’ money imposed by the European State Aid rules.

Simon Elsegood

Mon, 3 Jun 2019 07:35:30 GMT+00:00

Student tenancies and licences: significant legislation

There are a number of legislative changes coming into force in 2019 that will make significant changes to the rules surrounding tenancies and licences in England. Considered below are the key changes in relation to student accommodation and exactly what this will mean for Universities.

Christopher Bartley

Wed, 22 May 2019 10:31:27 GMT+00:00