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The latest articles and events from Mills & Reeve LLP.
We explore the key features of the second iteration of the Bill to implement Johnson’s withdrawal agreement, which is set to become law by 31 January.
Fri, 17 Jan 2020 13:46:41 GMT+00:00
With 2020 expected to bring investment into kindergarten to year 12 (K12) we take a closer look at key aspects of a typical M&A process for sellers of, and investors in, nurseries and schools in England and Wales.
Wed, 15 Jan 2020 10:07:04 GMT+00:00
How the EU Customs Regulation applies to UK goods and IP rights after Brexit depends upon the terms of the final Withdrawal Agreement.
Tue, 14 Jan 2020 15:34:52 GMT+00:00
Mon, 13 Jan 2020 16:36:25 GMT+00:00
We mark the beginning of 2020 by looking back over key employment law developments of 2019, and ahead to what the New Year may bring.
Mon, 13 Jan 2020 14:09:05 GMT+00:00
The liquidators of a company (the “Company”) applied for equitable compensation or damages against the company's managing director.
Thu, 9 Jan 2020 15:15:09 GMT+00:00
In October, HHJ Stephen Davies dismissed a petition presented by the Secretary of State under Section 124A Insolvency Act 1986 to wind up two companies which operate what has been described as rates mitigation scheme. Under this section, the Secretary of State may petition the Court to wind up a company if it believes it would be expedient and in the public interest to do so.
Lino Di Lorenzo
Thu, 9 Jan 2020 14:54:03 GMT+00:00
Mr Rwamba had given a disqualification undertaking for a period of 4 years in 2009 in relation to Company 1 – he had caused Company 1 to enter into a series of foreign investments to the detriment of HMRC.
Thu, 9 Jan 2020 14:45:33 GMT+00:00
Court refuses to strike out the landlords’ challenge to the CVA despite the CVA’s termination
Thu, 9 Jan 2020 14:11:16 GMT+00:00
The Bankrupt was the joint legal owner of a property in Ilford (the "Property"), and the Trustees applied to enter a bankruptcy restriction in standard Form J against the Property on 24 November 2016 (the "Application"). The Bankrupt and the other registered owner, Jagruti Patel (the "Respondent"), objected to the Application on the basis that the Bankrupt had no beneficial interest in the Property.
Thu, 9 Jan 2020 13:54:22 GMT+00:00
Court declines to authorise a pre-pack sale as the administrators hadn’t complied with certain insolvency practice provisions and the proposed purchasers were connected with the current directors.
Thu, 9 Jan 2020 12:21:21 GMT+00:00
The Company went into voluntary liquidation in June 2018 and the liquidators applied to the insolvency court for a stay of criminal proceedings brought against the Company for the breach of its environmental permits for handling waste.
Thu, 9 Jan 2020 12:06:47 GMT+00:00
This case considered various issues including whether the requirement to ‘top up’ a rent deposit during the administration constituted an expense of the administration.
Thu, 9 Jan 2020 11:59:28 GMT+00:00
Following the court’s refusal to apply it in the Davey case, the court was asked to consider applying the “Arkin cap” to a case where a liquidator’s firm had part funded an unsuccessful action.
Thu, 9 Jan 2020 11:01:49 GMT+00:00
The much-anticipated draft specification for the revised Network Contract Direct Enhanced Service Network Contract (DES) was released on the 19th December and is open for consultation until the 31st January 2020.
Thu, 9 Jan 2020 10:09:25 GMT+00:00
Following the Conservative victory in the general election, we thought it would be timely to revisit the implications of Brexit for public procurement.
Thu, 19 Dec 2019 09:52:03 GMT+00:00
Senior associate and employment law specialist Jack Fletcher, who has just returned from a five-year stint in the Middle East, looks at key similarities and differences between employment law in the Gulf and back in the UK.
Thu, 19 Dec 2019 09:42:35 GMT+00:00
Richard New, a partner and business rates specialist at Mills & Reeve reviews the case of Derby Teaching Hospitals NHS Foundation Trust and 16 Others v Derby City Council and 44 Others [Charity Commission as Intervener].
Thu, 19 Dec 2019 09:31:40 GMT+00:00
The promise to “get Brexit done” helped Boris Johnson to achieve the largest Conservative majority since the Thatcher years. To what extent will the election result bring greater certainty for the Brexit process?
Tue, 17 Dec 2019 14:05:53 GMT+00:00
Understanding how a policy of insurance works is key to understanding the obligations on both insured and insurer. In this article we highlight some frequently encountered coverage issues that arise with medical malpractice insurance policies
Fri, 13 Dec 2019 09:29:37 GMT+00:00
Proving consent is not rocket science, but evidencing consent can often be difficult. We are looking (again) at the issues around consent and reviewing causation even where consent advice is lacking.
Fri, 13 Dec 2019 09:22:04 GMT+00:00
Entrenched attitudes, lack of investment and a failure to intervene early are linked to the cost of dealing with malpractice claims. We look at some of the conversations that have or ought to take place to tackle this unaffordable problem.
Fri, 13 Dec 2019 09:13:01 GMT+00:00
An overview of the relevant law in relation to knowledge and approval of a Will.
Thu, 12 Dec 2019 12:41:47 GMT+00:00
Claims can be made whether the deceased left a Will or where they died intestate (ie where they did not make a Will and so their estate is distributed in line with the intestacy rules).
Thu, 12 Dec 2019 12:35:29 GMT+00:00
An overview of the law surrounding proprietary estoppel.
Thu, 12 Dec 2019 12:31:47 GMT+00:00
An overview of an attorney’s or deputy’s powers to make gifts, plus further information about when approval will be given by the Court.
Thu, 12 Dec 2019 12:25:17 GMT+00:00
An overview of the law surrounding the issue of capacity in the context of making a Will – so-called testamentary capacity.
Thu, 12 Dec 2019 12:19:31 GMT+00:00
An overview of the practical formalities required to make a valid Will, referred to as ‘due execution’.
Thu, 12 Dec 2019 12:15:30 GMT+00:00
An overview of the law surrounding undue influence in the context of Will making.
Thu, 12 Dec 2019 12:03:30 GMT+00:00
An overview of some of the most important duties which trustees must adhere to, and how trustees can be removed if needed.
Thu, 12 Dec 2019 11:57:58 GMT+00:00
This is an overview of Statutory Wills, including how an application can be made for one and what the Court will consider.
Thu, 12 Dec 2019 11:51:18 GMT+00:00
For our second case study, we explore the issues arising from the death of a couple from hypothermia after their house was burgled. A simple Will would have helped avoid the subsequent bitter family battle over the assets, as would a better understanding of property ownership.
Wed, 11 Dec 2019 16:40:33 GMT+00:00
Cryptoassets like Bitcoin and Ether have an image problem. They have developed something of a reputation for use by criminals in illegal trading, and untraceable hacking and theft.
Fri, 6 Dec 2019 13:43:42 GMT+00:00
How long are you prepared to wait for a delivery – how long is too long? What would your answer have been 10 years ago? Makes you think, doesn’t it?
Thu, 5 Dec 2019 15:46:43 GMT+00:00
Businesses should continue to prepare for reforms of off-payroll working in the private sector, despite some election announcements.
Wed, 4 Dec 2019 15:53:14 GMT+00:00
Known as “the queen of arbitration”, Mills & Reeve were delighted to welcome Suzanne Kingston to the family and children team in April 2019.
Mon, 2 Dec 2019 16:14:21 GMT+00:00
The Office of Tax Simplification has issued its second report on “simplifying the design of inheritance tax” and made various recommendations to the Treasury. Our partner Zahra Siddiqui gives her initial thoughts on the latest reform proposals.
Mon, 2 Dec 2019 16:01:20 GMT+00:00
Pensions are often said to be the last form of discrimination in divorce. When you are in the throes of separation, it is easy to forget about the value of your spouse’s pension but, very often, a couple’s pension savings can be just as valuable as the family home.
Mon, 2 Dec 2019 15:48:18 GMT+00:00
Philanthropy is discussed a lot these days but it’s not a word that I’m particularly keen on, writes Virginia Edgecombe. It suggests that charitable giving is limited to the likes of David Harding who it was recently reported gave £100 million to Cambridge University, brilliant though that is.
Mon, 2 Dec 2019 15:26:47 GMT+00:00
Many UK businesses are co-owned and managed, whether using a company structure or through a partnership. While businesses will usually have a detailed business plan there can be issues that the co-owners/managers fail to deal with, and which could potentially cause significant problems going forwards.
Mon, 2 Dec 2019 15:17:58 GMT+00:00
We all dream of having a home in a different country but as with all good things, owning a property overseas can come with complications, some of which we explore through this month’s case study.
Mon, 2 Dec 2019 15:07:04 GMT+00:00
“Family businesses don’t fail because the commercials don’t stack up but because the family fails.”
Mon, 2 Dec 2019 14:48:17 GMT+00:00
Getting the house of your dreams can feel like a pipe dream for many young people and first-time buyers are increasingly reliant on parents or grandparents to help.
Mon, 2 Dec 2019 14:30:16 GMT+00:00
If a donor offered your charity a cryptoasset, would you know what such an asset was…? In this article, Paul Knight sets out the latest developments in the world of cryptoassets, following the publication of a legal statement on their status by a UK government backed taskforce, and a policy paper from HMRC on their tax treatment.
Mon, 25 Nov 2019 15:40:57 GMT+00:00
We assess the implications of the Johnson deal for the continuing Brexit process. Definitive predictions for 2020 are not possible, but there are already some dates in the diary.
Mon, 25 Nov 2019 15:05:55 GMT+00:00