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The latest articles and events from Mills & Reeve LLP.
The highly controversial Digital Copyright Directive has recently been approved. Mark Pearce looks at the pros and cons of the new legislation and how it might affect you.
Fri, 17 May 2019 10:52:24 GMT+00:00
The Polish legislature has recently taken steps to prepare for the impact of a no-deal Brexit on UK financial market entities operating in Poland. This briefing has kindly been supplied to Mills & Reeve by the Polish law firm Czabański & Gałuszyński.
Tue, 14 May 2019 10:53:41 GMT+00:00
Social Investment Tax Relief (or SITR) is a valuable but, at present, underused relief, which can help charities and other forms of social enterprises raise more affordable, longer term funding to support and grow their trading activities.
Mon, 13 May 2019 15:04:30 GMT+00:00
The PwC Report on Economic Crime 2018 indicated that 50% of UK Respondents to their survey had experienced economic crime in the past 24 months.
Thu, 9 May 2019 13:22:49 GMT+00:00
An administrator was ordered to pay £743,750 in equitable compensation after selling company assets to an associated company without properly valuing or marketing them, and failing to act with “single-minded loyalty” to the company.
Tue, 7 May 2019 12:57:41 GMT+00:00
The Supreme Court considered whether interest payable under rule 14.23 of the Insolvency Rules 2016 is “yearly interest” within the meaning of Section 874 of the Income Tax Act 2007. Finding that it is, the administrators of Lehman Brothers International (Europe) (Lehman) must first deduct income tax before paying statutory interest to creditors.
Tue, 7 May 2019 12:53:02 GMT+00:00
The trustee began proceedings to set aside transactions defrauding creditors. He did so by an application notice and supporting witness statement.
Tue, 7 May 2019 12:49:12 GMT+00:00
Receivers sought declaratory relief and a mandatory injunction regarding a distribution payable to company creditors by a Spanish Insolvency Administrator
Tue, 7 May 2019 11:30:11 GMT+00:00
Most company restoration applications are made by directors seeking to resurrect a company after it has been struck off the register because of a missing filing, or where an asset has been overlooked as part of a “tidying up”.
Lino Di Lorenzo
Tue, 7 May 2019 11:26:52 GMT+00:00
The Court dismissed proceedings brought against fixed charge receivers criticising their actions and alleging that they failed to sell for the best price reasonably obtainable.
Tue, 7 May 2019 11:22:31 GMT+00:00
In April this year, the Government published a significant and ambitious White Paper to set out a proposed new regulatory framework for what are described as ‘on-line harms’.
Fri, 3 May 2019 11:04:57 GMT+00:00
The High Court calls time on abusive and incoherent statements of case.
Fri, 3 May 2019 10:06:53 GMT+00:00
The High Court has struck out a solicitors negligence claim on the ground that the alleged act or omission on the part of the law firm did not cause any loss.
Fri, 3 May 2019 09:58:20 GMT+00:00
On 15 April European law-makers gave the final sign-off to the EU’s controversial Digital Copyright Directive. EU member states will have two years to implement the new requirements in their own laws. Although it is clear that creative people, sports professionals and journalists should be able to earn a living from their work, many fear that the new law will crush internet freedom and stifle creativity.
Wed, 1 May 2019 10:39:33 GMT+00:00
Businesses need to prepare for tougher tax rules that will apply from April 2020 to arrangements with personal service companies.
Tue, 23 Apr 2019 13:29:41 GMT+00:00
The new guidance published by the Charity Commission will affect many charities, and charities will need to review their existing arrangement with non-charities.
Tue, 23 Apr 2019 10:14:30 GMT+00:00
Following a recent High Court ruling, it would certainly seem that the courts have faith in the so-called concept of “relational contracts” and the consequent implication of a good faith obligation.
Thu, 18 Apr 2019 15:55:24 GMT+00:00
What is the detail behind the EU’s agreement to extend the UK’s leaving date to 31 October and what are the practical implications?
Tue, 16 Apr 2019 10:53:56 GMT+00:00
As legislation and case law continues to emerge about how individuals should be classified for employment and tax purposes, we take stock of where we are now and suggest how employers can respond.
Mon, 15 Apr 2019 10:32:16 GMT+00:00
The situation in relation to claims arising from leasehold properties has become an increasingly topical issue, with some owners of leasehold properties reporting that their homes are effectively unmortgageable and unsaleable, and frequent claims against conveyancers for poor advice when acting for buyers.
Tue, 9 Apr 2019 15:08:03 GMT+00:00
Conveyancers are at a little-known risk of claims relating to the amount of Stamp Duty Land Tax payable on a transaction involving more than one dwelling. The risk is mainly confined to transactions between 19 July 2011 and 1 April 2016, but can involve claims for tens of thousands of pounds. We explain why.
Tue, 9 Apr 2019 15:05:03 GMT+00:00
The professional indemnity claims landscape has evolved significantly for law firms and their insurers over the last five years since the dark days of the recession when a tidal wave of lender claims hit. Today, it feels more benign, at least in terms of the volume although there remains a growing range of diverse threats facing firms and their insurers and these will be accentuated in the event of an economic downturn. We have identified our top ten claim trends for 2019.
Tue, 9 Apr 2019 15:00:16 GMT+00:00
In the recent case of Perry v Raleys Solicitors, the Supreme Court overturned the decision of the Court of Appeal and has provided long awaited clarity on the correct approach that should be adopted when considering the issue of causation in professional indemnity cases where the claimant alleges a loss of chance arising from failed litigation.
Tue, 9 Apr 2019 14:48:59 GMT+00:00
Three creditors sought an order to remove Mr Birdi’s current Trustee in Bankruptcy. Mr Birdi’s former Trustee was also a Respondent. The Applicants asserted that, as a result of mismanagement of the investigation and inflated costs, they had been denied distributions which they should have received but for the conduct of the Trustees.
Tue, 9 Apr 2019 13:51:40 GMT+00:00
Receivers were appointed over property of PH2L by the bank and the question that arose was whether the parent company retained control over PH2L for the purposes of claiming group relief from corporation tax.
Tue, 9 Apr 2019 12:39:57 GMT+00:00
The appellant petitioning creditor is an Icelandic bank and the debtor, Mr Stanford, is the well-known founder of fashion brands All Saints and Karen Millen.
Mon, 8 Apr 2019 14:53:46 GMT+00:00
Candey Limited was a firm of solicitors which had acted for PHRL in various litigation. PHRL agreed a Fixed Fee Agreement (“FFA”) supported by a Deed of Security (“the Security”) providing for its fees, which would only be payable in certain circumstances.
Mon, 8 Apr 2019 14:47:42 GMT+00:00
The recipients said that the gifts were part of inheritance and tax planning steps taken on advice and were not motivated by any business difficulties or intention to take assets out of the reach of creditors.
Mon, 8 Apr 2019 14:36:06 GMT+00:00
GP contractors across England have been holding their breath awaiting the launch of the Primary Care Network Directed Enhanced Service contract (DES) following the announcement of the 2019/20 GP contract changes in January.
Thu, 4 Apr 2019 16:20:01 GMT+00:00
As we hurtle towards Brexit day (well, whenever that may be…), we find ourselves in the rather uncomfortable position of not knowing whether we are leaving with a deal or without a deal. While businesses attempt to prepare for life after Brexit, it can be difficult to undertake the planning needed without certainty of what will happen.
Mon, 1 Apr 2019 14:54:31 GMT+00:00
Bryan J’s recent decision is a must read authority dealing with several headlines in relation to causation and loss which will be of interest to auditors and claims practitioners alike. We comment briefly upon the headlines:
Fri, 29 Mar 2019 14:50:52 GMT+00:00
In this briefing we assess where the UK stands after the EU’s decision to grant a limited extension to Article 50.
Wed, 27 Mar 2019 11:06:08 GMT+00:00
Mills & Reeve hosted this event looking at the future of healthcare estates with the Institute of Healthcare Management.
Mon, 25 Mar 2019 14:17:59 GMT+00:00
On 8 March 2019, the Financial Conduct Authority (FCA) confirmed that, as from 1 April 2019, the Financial Ombudsman Service (FOS) cap will increase to £350,000. The new award limit will come into force at the same time as the extension of the service to small and medium-sized enterprises.
Mon, 25 Mar 2019 09:59:09 GMT+00:00
The Financial Ombudsman Service (“FOS”) has recently published its Q3 2018 complaints data. This shows an increase in Sipp complaints between Q2 and Q3 2018. We examine the latest data, and considers the current risks which are facing the Sipp arena in the coming year.
Mon, 25 Mar 2019 09:52:46 GMT+00:00
Should a SIPP provider should be expected to undertake due diligence on its clients’ underlying investments, or if it is investors themselves who should take responsibility for their own investment decisions?
Mon, 25 Mar 2019 09:43:53 GMT+00:00
Where a cause of action commences on the stroke of midnight – exactly at the start of a new day – does the limitation clock start ticking on that day or the following one?
Wed, 20 Mar 2019 11:01:46 GMT+00:00
The Court of Appeal recently addressed two linked appeals in Bresco Electrical Services v Michael J Lonsdale and Cannon Corporate v Primus Build. The issue in both was whether insolvent companies can commence adjudications. This is significant due to the interim nature of adjudications and the uncertainty surrounding an insolvent company’s ability to repay any awards. However, the court also dealt with an important point on waiver and reservations of rights to raise jurisdictional challenges.
Tue, 19 Mar 2019 11:56:12 GMT+00:00
The high quantum claim in Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd, with its complex factual background, volumes of documents, and resulting 28 page judgment from the Court of Appeal, boils down to application of contractual rules of offer and acceptance. Which contract was the work performed under, and which terms were incorporated into that contract? As often is the case, the ultimate answer might be considered reasonably simple.
Tue, 19 Mar 2019 11:52:59 GMT+00:00