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The latest legal articles and publications from Mills & Reeve.

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Looking a gift horse in the mouth? An overview of the ‘Doctrine of Election’ in the context of testamentary legacies

It is worth noting that the Doctrine of Election is quirky, this is in the sense that it can result in a beneficiary giving away their own personal assets in order to receive a benefit under the testator’s will!

Sarah Gale

Fri, 30 Aug 2024 14:19:04 GMT+00:00

The Care Quality Commission's review of mental health services: risk management recommendations

As readers will be only too aware, the CQC was commissioned to carry out a rapid review of Nottinghamshire healthcare NHS Foundation Trust by the Secretary of State for Health and Social Care, under section 48 of the Health and Social care act 2008, following the tragic events that took place after Valdo Calocane's discharge.

Supriya Sriprasad

Fri, 30 Aug 2024 13:31:32 GMT+00:00

Rising estate and will disputes: Causes and considerations

With disputes concerning estates and wills increasing in number, we look at why that might be the case and at what's involved.

Simon Pedley

Wed, 28 Aug 2024 13:49:19 GMT+00:00

Capacity to consent to sexual relations

A new decision in the Court of Protection addresses capacity to consent to sexual relations with some further complications around contact and ability to assess risk.

Katie Pilcher

Fri, 23 Aug 2024 15:07:49 GMT+00:00

Discretionary Commission Arrangements: The challenges facing the FCA'S review

Since its review work commenced in January this year, the FCA has faced significant challenges. We consider some key developments below.

Simon Garbett

Fri, 23 Aug 2024 12:58:42 GMT+00:00

The Digital Markets, Competition and Consumers Act 2024: Consumer protection issues for the health and care sector

A major new law affecting a range of business activity has recently passed. We consider how it's likely to affect the health and care sector in a series of articles. Here, we look at the changes to consumer protection law.

Katrina Anderson

Fri, 23 Aug 2024 09:14:39 GMT+00:00

Shareholders beware: your limited protections against a forged stock transfer

The Court of Appeal has confirmed that a register of members is conclusive, even if it is updated following a forged stock transfer form. What does this mean for shareholders and what protections do you have?

Georgie Blears

Thu, 22 Aug 2024 14:13:06 GMT+00:00

Self-drive to survive: motorsport as a testbed for AI driving tools

On 27 April 2024, motorsport fans gathered at the Yas Marina circuit in Abu Dhabi for the inaugural race of the Autonomous Racing League (A2RL). But this wasn’t your usual motor race. The cockpits were empty, and there wasn’t a crash helmet in sight as the lights went out on the entirely AI-driven motorsport event. What does this mean for the future of self-driving technologies and their adoption/development by automotive manufacturers?

Bradley Howe

Wed, 21 Aug 2024 13:01:35 GMT+00:00

Introducer and Finder Fee Agreements: Are you protected for what you have been asked to do?

Introduction Agreements, Finder’s Fee Agreements and Intermediary Agreements are a common occurrence, especially where businesses are looking for a larger pool of potential parties to engage with or are seeking to rely on someone’s expertise to secure what they are looking for.

Mark Davison

Tue, 20 Aug 2024 14:14:00 GMT+00:00

Paris 2024’s reputation as “the greenest” Olympics and Paralympics

Alongside its credentials as the greatest sporting spectacle on earth, the Paris 2024 Olympics has been widely reported to be the ‘greenest Games ever’, but what’s the truth behind this claim? Has this claim really been made and, if so, by whom? Can this really be the greenest Olympics ever? Surely the Olympics was “greener” 50-100 years ago when it was on a smaller scale and didn't involve building venues or extensive international travel? As soon as you start to think about this claim, you start to wonder how it could be true and, if it’s not true, then can it be a lawful claim to make?

Justin Humphries

Tue, 13 Aug 2024 15:05:10 GMT+00:00

Disqualification order for employing illegal workers

A six-year disqualification order has been made against a director who was found responsible for employing illegal workers.

Jacob Walker

Tue, 13 Aug 2024 14:09:26 GMT+00:00

Winding up proceedings v arbitration – the decision in Sian Participation

The Privy Council held that the previous Court of Appeal judgment in Salford Estates had been wrongly decided and that an agreement to arbitrate didn't prevent the bringing of winding up proceedings where the company’s dispute of the creditor's debt was insubstantial.

Morgan Bowen

Tue, 13 Aug 2024 14:01:18 GMT+00:00

Director disqualified for deliberate depletion of company assets

A director was disqualified for seven years under s.6 of the Directors Disqualification Act 1986 for deliberately depleting the company's assets when it was insolvent and diverting sums which had been provided with government backing at a time of national crisis.

Catherine Noble

Tue, 13 Aug 2024 13:43:07 GMT+00:00

BHS, a case of misfeasant trading

In a lengthy judgment the Court has ordered that former directors of BHS are to pay sums arising in both wrongful trading and in “trading” misfeasance.

Lino Di Lorenzo

Tue, 13 Aug 2024 13:31:22 GMT+00:00

Appeal dismissed where no basis to interfere with findings of fact

The appeal court has dismissed an appeal where there was no sufficient basis to interfere with the findings of fact of the lower court.

Preena Lal

Tue, 13 Aug 2024 11:43:08 GMT+00:00

No fixed charge over IP addresses

Having considered the circumstances relating to, and the security granted over, various IP addresses (the “addresses”), the Court held that the security granted over the addresses, was floating charge, rather than fixed charge, security and ordered accordingly.

Neil Smyth

Tue, 13 Aug 2024 10:54:15 GMT+00:00

Labour Government updates onshore windfarm policies

The Conservative Government’s 2015 rules on onshore windfarm development created a de facto ban with strict requirements. However, the Labour Government is reversing these restrictions, treating onshore windfarms like other energy projects and aiming to double deployment by 2030.

Fiona Barker

Fri, 9 Aug 2024 11:38:22 GMT+00:00

“PPI on wheels” – an update on the FCA review of discretionary commission arrangements in the motor finance industry

Important information for brokers and dealerships in relation to historic Discretionary Commission Arrangements.

Rachel McDonnell

Thu, 8 Aug 2024 19:14:03 GMT+00:00

Virgin Media v NTL: Bad news for the pensions industry

In June 2023 the High Court determined that failing to obtain actuarial confirmation rendered amendments to affected pension schemes void. The Court of Appeal’s review of that decision was widely awaited. The appeal judgment arrived the end of July 2024 and offers no relief for affected schemes.

Claire Roake

Tue, 6 Aug 2024 08:47:31 GMT+00:00

Navigating separation: Insights from our YouGov survey

Earlier this year, we asked YouGov to survey married people about their views on a number of topical areas in family law, as well as their approach to family disputes. The results make for interesting reading! More importantly, they help to positively and proactively shape the services we provide to our family clients.

Stephanie Douthwaite

Mon, 5 Aug 2024 14:46:47 GMT+00:00

Using a Lloyd’s vehicle to pass down wealth

Lloyd’s of London is the world’s oldest insurance market. It still plays a vital role in the global insurance space today, with a significant proportion of the world’s insurance and reinsurance business transacted in the market. Thomas Ward from Hampden Agencies shares his insights.

Emma Geale

Mon, 5 Aug 2024 10:37:56 GMT+00:00

Estate, trust & will disputes

When it comes to disputes over estates, emotions can run high and things can escalate quickly. If you or your family are struggling, the estate, trust and will disputes team at Mills & Reeve can help.

David Catchpole

Mon, 5 Aug 2024 10:32:44 GMT+00:00

Hot topics in family law

Mark Twain famously said: “I’m in favour of progress. It’s change I don’t like”. Well, we’re not too sure what he would make of the myriad of changes that are currently facing the family justice system, but at least many are aimed to ensure progress. Here’s some highlights that are already impacting our clients, as well as major potential future changes.

Jane Ingleby

Mon, 5 Aug 2024 10:25:37 GMT+00:00

In conversation with Scott Mitchell

Emma Geale sat down for a chat with Scott Mitchell in the front room of the mews house he shared with his late wife, Dame Barbara Windsor.

Emma Geale

Mon, 5 Aug 2024 10:21:26 GMT+00:00

Trust and estate taxation update

A summary of the changes made to the tax position for trusts and estates which came into effect on 6 April 2024.

Bhavini Washington-Smith

Mon, 5 Aug 2024 10:19:03 GMT+00:00

Travelling abroad with children after separation: top tips

Summer is here and for many families that means one thing: holiday time! But for separated parents, planning a holiday abroad can be a bit more challenging. Don’t worry, we’ve got you covered with our top five tips for travelling abroad with children after separation.

Rose-Marie Drury

Mon, 5 Aug 2024 10:16:39 GMT+00:00

Silver divorce trusts

In recent years, there’s been a steady increase in the number of couples divorcing later in life, so much so that we now have a name for the phenomenon – “grey divorce” or, perhaps more flatteringly, “silver divorce”.

Charlotte Shaughnessy

Mon, 5 Aug 2024 10:10:34 GMT+00:00

Help! I've lost the will

The recent case of Jones v Tracey (2023) reviews the position where a will has been lost after someone has died and whether the court will allow the executors to obtain a grant of probate to administer the estate in such circumstances.

Kieran Leahy

Mon, 5 Aug 2024 10:07:35 GMT+00:00

Engaging the donors of the future

Philanthropy can be defined as: “The act of helping a cause that will benefit human welfare and prevent social problems for years to come. Literally meaning ‘love of mankind’”.

Grace Endley

Mon, 5 Aug 2024 10:04:46 GMT+00:00

60 seconds with... Catriona Attride

Based in Mills & Reeve’s Birmingham office, Catriona worked closely with Matthew Hansell ahead of his retirement and has recently taken over as his successor.

Catriona Attride

Mon, 5 Aug 2024 10:02:48 GMT+00:00

Key employment policy developments during Labour's first month in power

One month on from its general election victory, we assess our new Government’s progress in implementing its ambitious plans to "make work pay".

Charles Pigott

Thu, 1 Aug 2024 13:58:32 GMT+00:00

Talking HEds: Redundancies and the student contract

In this new Talking HEds vlog, Sian Jackson and Kate Allan discuss university financial resilience in relation to staff redundancies and the student contract.

Sian Jackson

Thu, 1 Aug 2024 10:19:20 GMT+00:00

What is an employee ownership trust?

John Kahn explores what an employee ownership trust is, why it's beneficial and, if necessary, how to go about setting up an employee ownership trust.

John Kahn

Wed, 31 Jul 2024 09:42:30 GMT+00:00

Labour has confirmed the changes that are coming for non-domiciled taxpayers

The government yesterday published a short policy paper on the changes it will make to the taxation of non-domiciled individuals, ahead of the Autumn Budget set for 30 October 2024.

Alice Ogden

Tue, 30 Jul 2024 10:28:33 GMT+00:00

VAT on private school fees – what are the new rules?

The government has announced that, as of 1 January 2025, all education services and vocational training supplied by private schools will be subject to VAT at the standard rate of 20%.

Katie Harman

Tue, 30 Jul 2024 10:12:31 GMT+00:00

Fair reflection, or unduly influenced?

Estate planning in the modern age of high care requirements.

James Russ

Mon, 29 Jul 2024 14:04:00 GMT+00:00

Another review: Is it time to revisit our approach to health and care regulation?

A “dysfunctional” culture at the nursing regulator is failing its registrants and patients, according to an independent culture review of the Nursing and Midwifery Council (NMC). The review was commissioned following disclosures from a whistleblower as reported in The Independent last year. The NMC was accused of failing to tackle serious sexual, physical and racial abuse because of a “culture of fear” within the organisation.

Samuel Lindsay

Tue, 23 Jul 2024 11:57:35 GMT+00:00

More data on death: Chief Coroner’s annual report for 2023

The Chief Coroner’s annual report covers the work of the coroner service in England and Wales 2023. His Honour Judge Teague KC’s report provides a comprehensive overview of all the work taken forward across the coroner service. It provides valuable insights into the service’s operations and future direction.

Claire Bridgman

Tue, 23 Jul 2024 10:37:25 GMT+00:00

Directors avoid disqualification

A company had issued a bond of c.£5m to 213 individuals, who had been told that the bond was backed by a bank guarantee. After the company was later wound up, the Official Receiver was told by the bank that a guarantee had not been issued.

Jacob Walker

Mon, 22 Jul 2024 16:38:22 GMT+00:00

Court grants winding up orders in the absence of a genuine dispute or cross-claim

The court has wound up two companies where unsupportive and contradictory documentary evidence was relied upon in support of an alleged dispute and cross-claim.

Preena Lal

Mon, 22 Jul 2024 16:18:43 GMT+00:00

Court approves a distribution plan in a special administration

This matter related to Blankstone Sington Limited, a Liverpool based wealth management firm. The company was placed into special administration in October 2023 under the Investment Bank Special Administration Regulations 2011.

Lino Di Lorenzo

Mon, 22 Jul 2024 15:53:27 GMT+00:00

Disclosure requirements in a restructuring plan

This case concerned an application for disclosure by a creditor in restructuring plan proceedings initiated by the Superdry group.

Morgan Bowen

Mon, 22 Jul 2024 15:33:47 GMT+00:00

HMRC failed to establish that transactions in an EBT were prohibited under section 423(3) IA1986

Ethos Solutions Limited (the company) promoted and operated a scheme (an employee benefit trust) that enabled individuals to offer their services via the company and receive most of their remuneration via “loans”. Therefore, avoiding income tax and NI contributions (NIC).

Catherine Noble

Mon, 22 Jul 2024 15:17:22 GMT+00:00

Who wins? – POCA v IA

A trustee in bankruptcy (T) commenced proceedings under the insolvency legislation against two respondents in respect of a property.

Neil Smyth

Mon, 22 Jul 2024 14:56:52 GMT+00:00