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The latest articles and events from Mills & Reeve LLP.

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The EU Withdrawal Agreement Bill: round 2

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.

Charles Pigott

Fri, 17 Jan 2020 13:46:41 GMT+00:00

K12 merger and acquisitions – a transaction refresher

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.

Jonathan Greenwood

Wed, 15 Jan 2020 10:07:04 GMT+00:00

Protecting UK IP rights in Europe after Brexit

How the EU Customs Regulation applies to UK goods and IP rights after Brexit depends upon the terms of the final Withdrawal Agreement.

Richard Plaistowe

Tue, 14 Jan 2020 15:34:52 GMT+00:00

Higher education: looking back, looking ahead

Gary Attle

Mon, 13 Jan 2020 16:36:25 GMT+00:00

Employment review of the year 2019

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.

Charles Pigott

Mon, 13 Jan 2020 14:09:05 GMT+00:00

Director not liable for establishing tax evading employee scheme

The liquidators of a company (the “Company”) applied for equitable compensation or damages against the company's managing director.

Morgan Bowen

Thu, 9 Jan 2020 15:15:09 GMT+00:00

Empty business rates, mitigation and a failed public interest winding up

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

Company Directors Disqualification Act 1986 (the "Act”) Disqualified director seeking permission to act: third time lucky?

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.

Helen Fyles

Thu, 9 Jan 2020 14:45:33 GMT+00:00

Landlords’ challenge to Regis’s CVA is a triable issue

Court refuses to strike out the landlords’ challenge to the CVA despite the CVA’s termination

Jastinder Samra

Thu, 9 Jan 2020 14:11:16 GMT+00:00

Upper Tribunal finds that the Land Tribunal has jurisdiction to decide on matters of beneficial ownership, even in matters of bankruptcy

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.

Catherine Noble

Thu, 9 Jan 2020 13:54:22 GMT+00:00

Comply with The Statement of Insolvency Practice 16 or else

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.

Jack Gale

Thu, 9 Jan 2020 12:21:21 GMT+00:00

Whether to stay criminal prosecution of company in liquidation?

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.

Jamie Wheatley

Thu, 9 Jan 2020 12:06:47 GMT+00:00

Landlords - if your tenant goes into an insolvency process do not rush straight to the rent deposit

This case considered various issues including whether the requirement to ‘top up’ a rent deposit during the administration constituted an expense of the administration.

Neil Smyth

Thu, 9 Jan 2020 11:59:28 GMT+00:00

Arkin cap still alive and kicking

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.

Neil Smyth

Thu, 9 Jan 2020 11:01:49 GMT+00:00

Primary Care Networks : The proposed evolution of the Network Contract DES

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.

Rob Day

Thu, 9 Jan 2020 10:09:25 GMT+00:00

Brexit and public procurement: a reminder

Following the Conservative victory in the general election, we thought it would be timely to revisit the implications of Brexit for public procurement.

Jenny Beresford-Jones

Thu, 19 Dec 2019 09:52:03 GMT+00:00

Employment law in the Gulf

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.

Jack Fletcher

Thu, 19 Dec 2019 09:42:35 GMT+00:00

Business Rates: NHS Trusts’ £2bn claim for charitable relief fails in High Court

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].

Richard New

Thu, 19 Dec 2019 09:31:40 GMT+00:00

What does Johnson’s election victory mean for Brexit?

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?

Charles Pigott

Tue, 17 Dec 2019 14:05:53 GMT+00:00

Is there cover?

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

Matthew Wilson

Fri, 13 Dec 2019 09:29:37 GMT+00:00

Consent to treatment – where are we now?

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.

Amy Bell

Fri, 13 Dec 2019 09:22:04 GMT+00:00

The unaffordable cost of medical malpractice

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.

Stephen King

Fri, 13 Dec 2019 09:13:01 GMT+00:00

Want of knowledge and approval

An overview of the relevant law in relation to knowledge and approval of a Will.

David Catchpole

Thu, 12 Dec 2019 12:41:47 GMT+00:00

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

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).

David Catchpole

Thu, 12 Dec 2019 12:35:29 GMT+00:00

Proprietary estoppel

An overview of the law surrounding proprietary estoppel.

David Catchpole

Thu, 12 Dec 2019 12:31:47 GMT+00:00

Authorising gifts from someone who has lost capacity

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.

David Catchpole

Thu, 12 Dec 2019 12:25:17 GMT+00:00

Testamentary capacity

An overview of the law surrounding the issue of capacity in the context of making a Will – so-called testamentary capacity.

David Catchpole

Thu, 12 Dec 2019 12:19:31 GMT+00:00

Will execution

An overview of the practical formalities required to make a valid Will, referred to as ‘due execution’.

David Catchpole

Thu, 12 Dec 2019 12:15:30 GMT+00:00

Undue influence

An overview of the law surrounding undue influence in the context of Will making.

David Catchpole

Thu, 12 Dec 2019 12:03:30 GMT+00:00

Trustees - Duties and removal

An overview of some of the most important duties which trustees must adhere to, and how trustees can be removed if needed.

David Catchpole

Thu, 12 Dec 2019 11:57:58 GMT+00:00

Statutory Wills

This is an overview of Statutory Wills, including how an application can be made for one and what the Court will consider.

David Catchpole

Thu, 12 Dec 2019 11:51:18 GMT+00:00

Your Will, your house and where your assets could end up

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.

Lucy Howard

Wed, 11 Dec 2019 16:40:33 GMT+00:00

Taming the beast – are cryptoassets coming out of the shadows?

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.

Paul Knight

Fri, 6 Dec 2019 13:43:42 GMT+00:00

What are they all droning on about?

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?

Alexandra Murphy

Thu, 5 Dec 2019 15:46:43 GMT+00:00

Getting ready for new off-payroll working (IR35) rules

Businesses should continue to prepare for reforms of off-payroll working in the private sector, despite some election announcements.

Kevin Lowe

Wed, 4 Dec 2019 15:53:14 GMT+00:00

60 seconds with…Suzanne Kingston

Known as “the queen of arbitration”, Mills & Reeve were delighted to welcome Suzanne Kingston to the family and children team in April 2019.

Suzanne Kingston

Mon, 2 Dec 2019 16:14:21 GMT+00:00

Simplifying inheritance tax…not a chance!

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.

Zahra Siddiqui

Mon, 2 Dec 2019 16:01:20 GMT+00:00

Pensions on Divorce

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.

Philip Way

Mon, 2 Dec 2019 15:48:18 GMT+00:00

It’s time for the Government to introduce a new relief to encourage lifetime giving

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.

Virginia Edgecombe

Mon, 2 Dec 2019 15:26:47 GMT+00:00

How to avoid costly misunderstandings as a co-owner of a business

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.

Matthew Hansell

Mon, 2 Dec 2019 15:17:58 GMT+00:00

Case Study - from home to home

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.

Sarah Cormack

Mon, 2 Dec 2019 15:07:04 GMT+00:00

Interview with Rupa Patel from Day Lewis

“Family businesses don’t fail because the commercials don’t stack up but because the family fails.”

Sarah Wood

Mon, 2 Dec 2019 14:48:17 GMT+00:00

As the Bank of Mum and Dad lends more than ever how can you make sure your money is secure?

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.

Sue Brookes

Mon, 2 Dec 2019 14:30:16 GMT+00:00

Cryptoassets – what do charities need to know?

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.

Paul Knight

Mon, 25 Nov 2019 15:40:57 GMT+00:00

Brexit: the year ahead

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.

Charles Pigott

Mon, 25 Nov 2019 15:05:55 GMT+00:00