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The latest articles and events from Mills & Reeve LLP.
Data has always been important in financial transactions. The earliest forms of writing involved keeping records of grain, sheep and cattle entering and leaving farms and warehouses in ancient Sumeria. More recently, the financial services sector has an established history of using statistical methods to make decisions about individuals – credit-scoring and data-based insurance pricing, for example.
Wed, 11 Sep 2019 10:52:27 GMT+00:00
The EU Conflict Mineral Regulation has been adopted by the EU Parliament and EU Council with key elements relating to due diligence and disclosure obligations due to come into force on 1 January 2021.
Wed, 4 Sep 2019 13:51:21 GMT+00:00
We round up some recent litigation cases.
Thu, 29 Aug 2019 15:43:51 GMT+00:00
The role that restrictive covenants in employment contracts play in protecting against post-employment competition from ex-employees can often be quickly dismissed. There is still a perception that this type of clause cannot be enforced when push comes to shove.
Thu, 29 Aug 2019 15:39:24 GMT+00:00
A claimant must issue their claim within the relevant limitation period. The length of the relevant period will depend on the type of claim. However, it is common practice for parties in all manner of disputes to enter into standstill agreements when the expiry of a limitation period is approaching.
Thu, 29 Aug 2019 15:33:06 GMT+00:00
In many disputes, parties will run up legal costs long before court proceedings begin. If these are incurred preparing for the court proceedings, often by following a pre-action protocol, they can in principle be recovered from an unsuccessful party as “costs of and incidental to” the proceedings under section 51 of the Senior Courts Act 1981.
Thu, 29 Aug 2019 15:25:57 GMT+00:00
We take stock of three new developments which shed more light on how holiday pay should be calculated and how far back arrears can be claimed.
Thu, 29 Aug 2019 13:12:30 GMT+00:00
In a case with multiple Respondents, where two had entered Administration, the Employment Appeal Tribunal held that proceedings normally stayed by virtue of a moratorium in administration could continue in respect of the other Respondents.
Wed, 21 Aug 2019 10:02:37 GMT+00:00
When serving a statutory demand on an individual, a secured creditor is required to specify the nature and value of any security held, including third party charges “rooted” in the same debt. Failure to do so will result in the court setting aside the demand.
Wed, 21 Aug 2019 09:57:35 GMT+00:00
A supplier to convenience stores received payments of £162,000 by direct debits from the Company’s bank account after the date of presentation of the winding-up petition
Lino Di Lorenzo
Wed, 21 Aug 2019 09:54:06 GMT+00:00
A winding-up order was made against Diamond Hangar Limited (“Diamond”). Six days later Diamond applied to rescind the winding up order under Rule 12.59 Insolvency Rules 2016.
Wed, 21 Aug 2019 09:51:21 GMT+00:00
Directors are not personally liable for an unlawful distribution if they have: taken reasonable steps to prepare adequate accounts, reasonably relied upon advisors and are unaware of the facts that rendered a dividend unlawful.
Wed, 21 Aug 2019 09:47:58 GMT+00:00
The court appointed receivers over the shares in, and various assets of, Blackpool FC, following the failure of one party to buy the shares of the minority party in the club pursuant to an order arising out of an unfair prejudice petition.
Wed, 21 Aug 2019 09:43:14 GMT+00:00
Welcome to the new CPR Part 53 and to the specialist Media and Communications List.
Thu, 15 Aug 2019 10:29:42 GMT+00:00
Why do medical records hold the key to malpractice cases and why are so many episodes of patient care poorly recorded? In this article Stephen King offers some insights into small changes in practice that could have a significant and beneficial impact on avoiding malpractice claims.
Mon, 12 Aug 2019 11:24:09 GMT+00:00
Boris Johnson’s victory in the Conservative Party leadership election came just 100 days before the latest Brexit deadline of 31 October. In this briefing we explore the impact of his appointment as PM on the UK’s preparations to leave the EU.
Thu, 8 Aug 2019 09:10:56 GMT+00:00
The recent focus on the use, and misuse, of NDAs in cases of actual and alleged workplace harassment risks losing sight of the bigger picture: what still needs to be done to create truly inclusive workplaces, free from harassment?
Tue, 6 Aug 2019 11:07:37 GMT+00:00
Later on this year, seventeen NHS Trusts will take numerous councils to the High Court, contending that the councils are wrong in not affording the Trusts the same business rates treatment as charities.
Tue, 6 Aug 2019 10:59:38 GMT+00:00
It is more than a year now since the introduction of Europe’s new data privacy regime, the GDPR. There was a flurry of activity leading up to and following the launch date in May 2018, GDPR fell out of the headlines. Recent high profile penalty announcements running into the hundreds of millions have again highlighted the dangers of failure to comply. We consider some of the issues that are keeping business leaders and privacy regulators awake at night. In this article we focus on data privacy issues that arise in the context of artificial intelligence.
Thu, 25 Jul 2019 13:48:59 GMT+00:00
Felix Ngole (Mr Ngole) won his appeal this month against the University of Sheffield (the University) after the High Court had previously upheld the University’s decision to exclude him from his postgraduate course.
Wed, 24 Jul 2019 15:19:54 GMT+00:00
The UK’s new Prime Minister, Boris Johnson, has promised that the UK will leave the EU by the extended Brexit deadline of 31 October 2019, “deal or no deal”. There seems to be little prospect of the current Withdrawal Agreement being ratified by the UK Parliament and the EU position is that this will not be renegotiated. A Halloween “no deal” Brexit therefore looks increasingly likely, with all the uncertainty and disruption that will bring. However, in such an event owners of EU trade marks and designs can at least be certain as to how these rights will be protected.
Wed, 24 Jul 2019 14:49:05 GMT+00:00
The Information Commissioner’s Office has started issuing notices of intention to fine data controllers under the GDPR for data breaches.
Wed, 24 Jul 2019 13:56:51 GMT+00:00
The Government published its policy paper “global potential, global growth” in March 2019, which sets ambitious targets for increasing the UK’s involvement in the international education market over the next ten years.
Wed, 24 Jul 2019 13:43:50 GMT+00:00
We round up some recent litigation cases.
Tue, 23 Jul 2019 10:21:48 GMT+00:00
In a globalised world disputes are increasingly international and frequently require disclosure of evidence from other jurisdictions.
Tue, 23 Jul 2019 10:15:08 GMT+00:00
In the wake of Carillion’s collapse, businesses are taking an increasingly active role in monitoring the financial position of their key suppliers.
Tue, 23 Jul 2019 10:07:34 GMT+00:00
Satellite litigation about disclosure of supposedly privileged internal communications continues to proliferate.
Tue, 23 Jul 2019 10:02:57 GMT+00:00
It is more than a year now since the introduction of Europe’s new data privacy regime, the GDPR. After a flurry of activity leading up to and following the launch date in May 2018, GDPR fell out of the headlines. Recent high profile penalty announcements running into the hundreds of millions have again highlighted the dangers of failure to comply. We consider some of the issues that are keeping business leaders and privacy regulators awake at night.
Mon, 22 Jul 2019 15:28:48 GMT+00:00
The case of Young v Royal & Sun Alliance is the first reported case to be decided under the new Act.
Mon, 22 Jul 2019 10:54:57 GMT+00:00
Our legal update for in-house charity lawyers.
Thu, 11 Jul 2019 08:31:37 GMT+00:00
The final Charity Commission report into safeguarding issues at Oxfam, which concluded that senior staff failed to alert law enforcement to allegations aid workers in Haiti were having sex with minors, is an important reminder that all charity trustees should continue to consider safeguarding to be a vital focus for their charity.
Thu, 11 Jul 2019 08:26:59 GMT+00:00
The company in liquidation had been part of the multi-billion dollar Madoff Ponzi scheme. Investors purchased shares in the company, which in turn invested in Bernard L Madoff Investment Securities LLC (“BLMIS”). When investors sought to withdraw their investment, BLMIS provided fraudulent valuation reports to support an inflated share value. Investors who redeemed their shares early made a profit, but those who retained their investments long term lost everything.
Thu, 4 Jul 2019 13:58:02 GMT+00:00
Indigo Projects London Limited (IPL) entered a CVA on 28 February 2019. The Defendants had the benefit of an adjudication award in the sum of £177,662.72 (the Award), made in January 2019. IPL applied for summary judgment to enforce the Award.
Thu, 4 Jul 2019 13:48:34 GMT+00:00
The respondent director, “W”, incorporated the company which purchased a property in February 2011 for £550,000 from her friend and former employer, “G”. The purchase was funded entirely by loans, including a loan from a company connected with G’s wife and son.
Thu, 4 Jul 2019 13:38:35 GMT+00:00
An English court order did not have its intended effect; in light of the defendants seeking to reserve any rights they may have under Spanish law to monies, the High Court determined, was payable to the receivers.
Thu, 4 Jul 2019 13:27:52 GMT+00:00
The directors of British Steel sought an immediate winding-up order on the basis that the company was unable to pay its debts, due to circumstances including declining demand as a result of Brexit; European competition; the automotive industry; lower revenues from French rail; an increase in commodity prices and the suspension of the free allocation of carbon credits under the EU Emissions Trading Scheme.
Thu, 4 Jul 2019 13:18:07 GMT+00:00
In one of Gabriel Moss QC’s last reported cases, the Court dismissed a claim that three properties owned by a bankrupt’s adult daughter were in fact held on resulting trust for the bankrupt.
Lino Di Lorenzo
Thu, 4 Jul 2019 13:09:56 GMT+00:00
The Judge considered the above issue on an application by provisional liquidators of a Bermudan registered investment company that had been wound up on the just and equitable ground by the Bermudan courts.
Thu, 4 Jul 2019 13:02:06 GMT+00:00
Albeit quite a misleading phrase, “mergers” in the primary care setting is a phrase generally used to cover a situation where two or more practices come together to form an enlarged single practice.
Mon, 1 Jul 2019 09:41:41 GMT+00:00