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The latest articles and events from Mills & Reeve LLP.

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What impact will the TCA have on charities, and what impact might charities have on the TCA?

We now have a Trade and Cooperation Agreement (“TCA”) between the EU and the UK, and the Transition Period for the UK’s departure from the EU is over.

Neil Burton

Mon, 18 Jan 2021 10:15:54 GMT+00:00

The inquest landscape post the Supreme Court’s decision in Maughan

The Supreme Court have handed down a decision of some magnitude for inquest practitioners and those they represent.

Duncan Astill

Fri, 15 Jan 2021 13:02:32 GMT+00:00

A ‘bold ambition’: Care Quality Commission’s new strategic plan now out for consultation

The health and social care regulator is consulting on its strategy for the next five years and beyond. Its draft strategy document explains how it plans to develop its approach to regulation in the context of a changing health and care landscape – taking into account learning from the Covid-19 pandemic, the growth of new technology and the shift to delivering care as a ‘system’ rather than the ‘single provider service model’. In short, ensuring that the new regulatory model is fit for the future.

Amanda Narkiewicz

Thu, 14 Jan 2021 11:27:41 GMT+00:00

Mammoth battle of NHS ping pong leads to successful restitution claim by Council

In a recent case the High Court allowed a private law claim in restitution by a local authority which alleged that a PCT (and its successor, the CCG) had been unjustly enriched by its refusal to accept commissioning responsibility for a young man placed into its area by the local authority.

Jane Williams

Tue, 12 Jan 2021 09:49:26 GMT+00:00

Employment review 2020/2021

After what has been a year like no other, we offer our assessment of the most significant employment-related developments of 2020, grouped into 10 topics, and reflect on their continued significance into 2021.

David Mills

Mon, 11 Jan 2021 16:14:31 GMT+00:00

Burden of proof on paragraph 74 application

This case concerned an application pursuant to paragraph 74 of Schedule B1 to the Insolvency Act 1986 that the administrators of a company had unfairly harmed the applicant, the sole director and shareholder of the company, by refusing to assign to her a potential claim that the company had against a third party.

Morgan Bowen

Mon, 11 Jan 2021 12:06:58 GMT+00:00

Court refuses to make winding-up order of its own initiative

A Trustee in Bankruptcy (TiB) invited the court, by way of application notice, to place Panelform Limited (Panelform), the respondent company, into compulsory liquidation.

Catherine Noble

Mon, 11 Jan 2021 11:43:07 GMT+00:00

Court wind up company without petition

Administrators, who were appointed by the company directors, found their administration proposals voted down by the creditors. The majority creditor then applied for directions to convene a creditors' meeting in order to replace the administrators. The administration process was evidently complicated due to the disputes between a number of warring factions such as the largest minority shareholder (who was bringing a derivative claim against entities connected with the majority shareholder); the majority creditor; and indeed the administrators themselves.

Jack Gale

Mon, 11 Jan 2021 11:30:21 GMT+00:00

Directors’ powers in a receivership

The company concerned was the freehold owner of Bolbec Hall. On 8 June 2018, the Company completed on a sale to Maymask 228 Ltd for £650,000. The transfer was executed by the Company’s sole director. An investor objected to the registration of the transfer - some eight months earlier, the lender had appointed a fixed charge receiver and their appointment had displaced the director’s powers.

Lino Di Lorenzo

Mon, 11 Jan 2021 10:54:57 GMT+00:00

Non-compliant scheme of arrangement saved

The failure to include the statement of the directors’ interests with notice of the meeting to approve a Scheme of Arrangement amounting to statutory non-compliance was rectified, resulting in approval of the scheme by the court.

Jamie Wheatley

Mon, 11 Jan 2021 10:35:00 GMT+00:00

Strict application of insolvency claim deadlines

An insolvency act application notice was issued on 30 January 2019, which was the deadline for limitation purposes. A first hearing was listed for 9 July 2019 at 11am. Before the application had been served, the hearing was vacated upon further ex-parte application by the applicant and relisted for 15 October 2019.

Jacob Walker

Mon, 11 Jan 2021 10:15:42 GMT+00:00

Release from appointment irrelevant if appointment invalid

The Judge reviewed the various arguments raised through the applications, which centred on the circumstances surrounding the orders made releasing the administrators. These terms had different timings than those originally proposed by the administrators and there was a timing mismatch with filing of the final report to creditors.

Neil Smyth

Mon, 11 Jan 2021 09:52:19 GMT+00:00

The EU-UK Trade and Cooperation Agreement: state aid rules

A post-Brexit trade deal – the Trade and Cooperation Agreement (the TCA), was finally pinned down on 24 December.

Simon Elsegood

Fri, 8 Jan 2021 10:46:41 GMT+00:00

The Brexit trade deal and employment rights

The new EU/UK relationship has loosened the ties between EU-wide employment rights and the corresponding rights in the UK. But they are still likely to remain closely aligned for the foreseeable future.

Charles Pigott

Thu, 7 Jan 2021 16:21:15 GMT+00:00

Life sciences and the EU-UK Trade and Cooperation Agreement

A post-Brexit trade deal – the Trade and Cooperation Agreement (the TCA), was finally pinned down on 24 December. In this article we will summarise the areas of the TCA most relevant to life sciences businesses.

James Fry

Tue, 5 Jan 2021 11:19:47 GMT+00:00

New post-Brexit immigration system

The expiry of the Brexit transition period on 31 December 2020 saw the end of EU freedom of movement. From 1 January 2021 the UK’s new points based immigration system will apply to EU as well as non-EU nationals. Below are some of the key features of the new immigration system and the actions that employers will need to take

Alex Russell

Mon, 4 Jan 2021 16:31:04 GMT+00:00

EU-UK Trade and Cooperation Agreement: data protection and related aspects

The Agreement reached in principle on 24 December 2020 between the EU and UK includes the snappily titled “Article FINPROV.10A: Interim provision for transmission of personal data to the United Kingdom”. This Article provides that for a 4 month period (automatically extended to 6 months, unless either party objects), the transmission of personal data from the EU to the UK will not be considered as a transfer to a “third country” under GDPR.

Robert Renfree

Wed, 30 Dec 2020 09:57:15 GMT+00:00

Buying time – when can parties agree to delay?

Before the introduction of the Civil Procedure Rules, the courts were not perceptibly concerned about delay agreed to by the parties.

Miranda Whiteley

Tue, 29 Dec 2020 12:16:08 GMT+00:00

Temporary measures under the Corporate Insolvency and Governance Act 2020 (CIGA) & the suspension of liability for wrongful trading revisited

In light of the ongoing COVID-19 situation, and the strain that it is putting on businesses, the Government has announced the further extensions of the temporary measures designed to give businesses some breathing space.

Catherine Noble

Tue, 29 Dec 2020 12:09:31 GMT+00:00

Brexit: what did we get for Christmas?

The conclusion of a comprehensive £650 billion trade and cooperation deal on 24 December has been welcomed on both sides of the Channel. The formal approval process is well underway, enabling the UK to transition to its new relationship with the EU on 1 January 2021 in an orderly manner.

Tom Pickthorn

Tue, 29 Dec 2020 10:46:29 GMT+00:00

Coronavirus Job Retention Scheme: frequently asked questions

The Scheme has now been extended to the end of April 2021. The launch of the Job Support Scheme, due to replace it on 1 November, has been postponed.

David Mills

Mon, 21 Dec 2020 09:57:03 GMT+00:00

Brexit: What are the implications for trade between the UK and Northern Ireland?

The Northern Ireland Protocol seeks to avoid a hard border, protect the EU single market and maintain Northern Ireland’s place in the UK internal market after 31 December 2021. Mills & Reeve’s Best Friend firm in Northern Ireland consider the Trusted Trader Scheme, Grace Periods, State Aid and Unfettered access.

Tom Pickthorn

Fri, 18 Dec 2020 10:06:17 GMT+00:00

The Online Safety Bill – plans to tackle online harms take shape

Plans for an Online Safety Bill mark the next stage in UK Government’s project to tackle damaging online content and activity. Following a 2019 White Paper and extensive consultation, the UK plans to give regulator Ofcom powers to issue large fines and block social media apps in the UK if harmful material and activity is hosted and shared.

Paul Knight

Fri, 18 Dec 2020 09:49:45 GMT+00:00

The end of the Brexit transition period – changes for intellectual property

The main legal changes arising from Brexit have yet to take effect. A transition period is currently in place (expiring on 31 December 2020). So far as intellectual property is concerned, this has maintained the status quo. Negotiations for a future relationship between the EU and the UK are still ongoing, even at this late stage. But whatever is agreed (or not agreed) there are important changes that will come in with the New Year.

Alasdair Poore

Thu, 17 Dec 2020 14:46:37 GMT+00:00

Brexit – what’s next for UK life sciences?

As the UK moves towards the end of the Brexit transition period, we consider what the future holds for life sciences businesses.

James Fry

Thu, 17 Dec 2020 14:25:23 GMT+00:00

Be particular about particulars

There’s never a bad time for a refresher about time limits for service and consequential applications for relief for sanctions. The Christmas period with its multiple bank holidays is an obvious trouble spot. The dangers are increased for those trying to navigate the tricky service rules for claim forms and particulars of claim.

Miranda Whiteley

Thu, 17 Dec 2020 12:26:13 GMT+00:00

IP and Brexit – after the transition

The main legal changes arising from Brexit have yet to take effect. A transition period is currently in place (expiring on 31 December 2020). So far as intellectual property is concerned, this has maintained the status quo. Negotiations for a future relationship between the EU and the UK are still ongoing, even at this late stage. But whatever is agreed (or not agreed) there are important changes that will come in with the New Year.

Richard Plaistowe

Wed, 16 Dec 2020 16:16:54 GMT+00:00

Investment funds update

There have been several changes to investment funds over the past year. The National Security and Investment Bill, a Capital Gains Tax rate review, a new regulatory gateway and changes to LIBOR will all affect investors and investees over the coming months.

Dona Ardeman

Tue, 15 Dec 2020 16:12:24 GMT+00:00

Round-up December 2020

We've brought together a round-up of some recent litigation cases that may be of interest to you

Miranda Whiteley

Tue, 15 Dec 2020 14:03:32 GMT+00:00

The failure (for now) of the capped costs pilot

Cast your mind back to the warm summer of July 2017 and you will no doubt think of Jackson LJ’s Supplemental Report on Fixed Recoverable Costs. A key recommendation was the voluntary “capped costs” pilot scheme for business and property cases, designed to improve efficiency, speed up the resolution of claims and lower the costs of litigation.

Andrea Stanford

Tue, 15 Dec 2020 13:41:56 GMT+00:00

Litigation – preparing for a no deal?

Without any agreement with the EU, when the transitional period ends on 31 December 2020 questions of jurisdiction and enforcement in a claim not already pending fall to be determined on a state by state basis unless another convention applies. The UK has taken some steps towards filling the void by applying to accede to the Lugano Convention and acceding to the Hague Convention on Choice of Court Agreements but even that is not without its difficulties.

Lino Di Lorenzo

Tue, 15 Dec 2020 13:06:19 GMT+00:00

The National Security and Investment Bill – tougher controls on foreign investment

The UK is bringing in tough powers to scrutinise and challenge foreign investment, in line with similar controls in other countries. The Government is seeking to beef up review of transactions for national security risk, while promising to maintain an open economy attractive to foreign investment. A list of sensitive sectors are flagged for mandatory notification, including synthetic biology, advanced materials, communications technology and AI. The details of these sector definitions are currently out for consultation.

Simon Elsegood

Thu, 3 Dec 2020 13:03:32 GMT+00:00

Scheme of arrangement jurisdictional issues - yet again!

The company applying for the scheme of arrangement had only been incorporated a month earlier and, prior to that, the financing arrangements of the group had no materially relevant connection with England: its parent being incorporated in the Netherlands and the notes originally being governed by New York law. It was only by means of a supplemental trust deed that the company became co-issuer of the notes and that the governing law and jurisdiction provisions of the notes were changed so as to refer to England.

Morgan Bowen

Mon, 30 Nov 2020 16:36:59 GMT+00:00

Evidence in winding up proceedings – CPR v Insolvency Rules 2016?

RL petitioned for a winding up order in respect of the Appellant. At the first hearing of the petition the district judge made an order for witness statements to be served by the parties, which they were.

Helen Fyles

Mon, 30 Nov 2020 16:22:39 GMT+00:00

Disqualification: deterrence or part of the regime?

The applicant had given an undertaking in 2009 and then secured leave to be a director. The applicant breached the conditions of leave (which included the timely payment of VAT). The applicant gave a further disqualification undertaking in 2015, which lasts until 2021. The applicant applied for leave to be a director of two companies.

Catherine Noble

Mon, 30 Nov 2020 16:18:44 GMT+00:00

Reaffirmation of bankruptcy as class remedy

A bankruptcy petition was presented following non-satisfaction of a statutory demand which was based on a judgment debt. The petition debt was £135,244.90 plus interest but a number of other creditors supported the petition to the tune of £16m.

Jack Gale

Mon, 30 Nov 2020 16:14:21 GMT+00:00