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The latest legal articles and publications from Mills & Reeve.

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Working together at scale: FAQs on provider collaboratives

Provider collaboratives represent an opportunity to transform health and care delivery while driving improvements in patient outcomes and lived experience. All of which support the ambitions set out in the policy paper: Integrating care: next steps to building strong and effective integrated care systems across England.

Charlotte Lewis

Tue, 6 Jun 2023 12:44:18 GMT+00:00

A Brief Account – a synopsis of our annual round up

In our recent webinar, David Gooding, Lisa Taylor and Liam Burnett discussed a range of issues facing accountants and their insurers including claims against auditors and insolvency practitioners as well as coverage and regulatory themes. If you missed it, we set out a quick read of the main highlights below.

David Gooding

Tue, 6 Jun 2023 08:51:10 GMT+00:00

A round up of our recent patient capital investment panel event

A summary of our event delving into this increasingly popular form of long-term real estate investment.

Carina Davis

Thu, 1 Jun 2023 14:41:36 GMT+00:00

The European Commission diverges from the CMA’s decision in the Microsoft/Activision Merger

On 15 May 2023 the European Commission approved, under the EU Merger Regulation, Microsoft’s proposed acquisition of Activision Blizzard (‘Activision’).

Kate Newman

Wed, 31 May 2023 10:30:53 GMT+00:00

Enhancing consumer rights – the Digital Markets, Competition and Consumers Bill

This briefing is part of a series that is taking a closer look at the government’s draft Digital Markets, Competition and Consumers Bill ("the Bill") which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.

Sara Warner

Tue, 30 May 2023 13:05:27 GMT+00:00

Holding an American Depositary Share is not the same as holding a Share

Dr Jonathan Milner has flagged his intention to call a general meeting of Abcam PLC, an English company listed on the Nasdaq stock market, where he will seek to replace the current Chairman. However, his open letter suggests potential hurdles which investors in English companies listed on US and other foreign stock exchanges may face when trying to exercise shareholder rights.

Emma Plaxton

Fri, 26 May 2023 13:30:52 GMT+00:00

Preparing your business for sale

There are many reasons why people put their businesses up for sale. It may be to reap the rewards of long years of hard work and sacrifice, or to make the most of a super opportunity. Alternatively, it may be the case that they just wish to move the business on as succession planning.

Peter McLintock

Wed, 24 May 2023 09:36:34 GMT+00:00

The art of dealing with your business “what ifs”

Unfortunately for business owners, we do not have the benefit of a crystal ball and lots of unexpected things become part of your daily dealings with your business. However, some “what ifs” are more predictable than others and it is always a good idea to prepare for these.

Peter McLintock

Wed, 24 May 2023 09:26:07 GMT+00:00

Raising finance for your business: preparation is key

All businesses, in order to prosper, will require some level of investment. There are lots of different ways a business can raise money for its future growth but usually it takes the form of debt (from banks and other lending institutions) to equity finance, where no bank debt is available, or it is insufficient. Equity finance is often provided by venture capitalists, private equity providers or business angels (usually high-net worth individuals who have an interest in supporting early stage or growth businesses).

Peter McLintock

Wed, 24 May 2023 09:15:54 GMT+00:00

The tax regime of employee ownership trusts – Government announces consultation

The Government has announced an intention to publish a consultation concerning the use and effectiveness of the employee ownership trust (EOT) tax regime. This announcement was made in a policy paper published on 27 April 2023.

John Kahn

Wed, 24 May 2023 07:14:33 GMT+00:00

Litigation round-up May 2023

We bring to you a round-up of some recent litigation cases that may be of interest.

Miranda Whiteley

Tue, 23 May 2023 14:52:32 GMT+00:00

Novus actus – intervening acts as an element of causation

In the tort of negligence and medical malpractice in particular, it is often easier to establish a breach of duty than it is to establish a causal link between that breach and the injury or loss claimed. That difficulty is compounded where the medical malpractice comes after an event, such as a road accident or injury at work, that has injured a claimant and put them in hospital for treatment that is meant to resolve, cure or mitigate their injury, but makes the situation worse.

Stephen King

Tue, 23 May 2023 11:04:54 GMT+00:00

Boycott-ed? What Witcomb means for date of knowledge and limitation defences

Since 2011, Boycott v Perrins Guy Williams has been a key case concerning date of knowledge when considering limitation and various section 14 defences. Witcomb v J. Keith Park Sols may have made it even harder for defendants to strike out claims at an early stage. Are the courts becoming more reluctant to stop the claimants having their day in court?

Maeve Canavan

Tue, 23 May 2023 10:46:25 GMT+00:00

Privilege – some good news for non-parties

The recent decision of Al Sadeq v Dechert LLP provides helpful clarification and commentary on several key principles of legal professional privilege. Most significantly, the High Court determined that a non-party to litigation might be entitled to claim litigation privilege where they have a sufficient interest in the litigation.

Victoria Watts

Tue, 23 May 2023 10:32:32 GMT+00:00

Publication of the Renters (Reform) Bill

The ‘landmark’ Renters (Reform) Bill has now been introduced to Parliament, following the proposals set out by the government in its June 2022 white paper. The published Bill may well change, but it is interesting to see what has made it in so far.

Samuel Maw

Thu, 18 May 2023 13:04:08 GMT+00:00

Solar and Farming – a natural balance

In an environment where the cost of electricity is rising, alternatives are being sought. Solar is the fastest growing energy source worldwide, with a global average annual growth rate of 25% over the last five years. With farmland being an ideal location for the installation of solar, solar farms are becoming increasingly prevalent.

Beth Farrer

Tue, 16 May 2023 13:06:16 GMT+00:00

“Use it or lose it” revisited – section 283A of the Insolvency Act 1986

Ms Khilji was made bankrupt in July 2018. She occupied a property that was registered in the sole name of her husband, who had died in 2014. The deceased’s estate, including the property, was being administered under intestacy laws.

Catherine Noble

Mon, 15 May 2023 16:54:10 GMT+00:00

Restructuring plans considered again

An energy supply broking company applied for a restructuring plan. The classes included a secured creditor whose debt was proposed to be reduced by a partial debt for equity swap.

Morgan Bowen

Mon, 15 May 2023 16:43:14 GMT+00:00

Creditor meetings convened for SME restructuring plan

Nasmyth Group Limited was a SME supplier to the aerospace industry and part of a larger corporate group. Nasmyth proposed a restructuring plan to alleviate the financial challenges they had incurred due to the Covid pandemic.

Tim Evans

Mon, 15 May 2023 15:25:49 GMT+00:00

AGPS Bondco restructure plan sanctioned

In a 164-page judgment, Mr Justice Leech has sanctioned a restructure plan proposed by AGPS Bondco Plc following three days of argument.

Lino Di Lorenzo

Mon, 15 May 2023 15:06:09 GMT+00:00

Foreign insolvency proceedings and first past the post

The court granted a final third party debt order (TPDO) to a creditor in respect of monies belonging to a Lithuanian company the subject of Lithuanian insolvency proceedings where those foreign insolvency proceedings had not yet been recognised in England and Wales.

Preena Lal

Mon, 15 May 2023 14:50:07 GMT+00:00

Court approve credit bid sale

The court has approved the sale of various assets of a FCA regulated broker by its special administrators to one of the broker’s largest unsecured creditors, in return for the creditor waiving various substantial claims against the broker.

Neil Smyth

Mon, 15 May 2023 14:40:43 GMT+00:00

Employee data protection matters

Claire Williams discusses the importance of data governance and legal compliance in the healthcare industry, particularly in relation to employee data.

Claire Williams

Fri, 12 May 2023 11:26:35 GMT+00:00

Negotiating lease heads of terms in primary care settings

For those renting in the primary care setting, having a robust lease is important but having a sector specific lease could be crucial for two reasons. Firstly, it ensures there is certainty over the terms agreed and secondly, it ensures the terms take account of the unique circumstances and rules for primary care contractors (whether under their core contracts, the Premises Costs Directions or otherwise).

Jennifer Lewis

Fri, 12 May 2023 08:47:10 GMT+00:00

The Current Regulatory Landscape for Accountants

Our recent webinar, hosted by Andrea Stanford, Principal Associate at Mills & Reeve, and Tim Grey, regulatory barrister at 23 Essex Street Chambers , looks at the regulatory landscape facing accountants (namely the ICAEW and the ACCA), and considers key points which are arising from regulatory investigations.

Claire Loveday

Thu, 11 May 2023 13:37:51 GMT+00:00

The UK Digital Markets, Competition and Consumer Bill – a major shake up of the UK’s competition regime

The last significant reform to UK competition law was in 2013 with the Enterprise and Regulatory Reform Act which established the Competition and Markets Authority (CMA). Fast forward ten years to the Digital Markets, Competition and Consumer Bill (the Bill).

Kate Newman

Thu, 11 May 2023 13:18:40 GMT+00:00

Talking HEds: Sexual Misconduct - OfS proposals

in the next Talking HEds vlog, Sian Jackson and Kate Allan discuss sexual misconduct and the recent OfS proposals.

Sian Jackson

Wed, 10 May 2023 13:18:59 GMT+00:00

A ‘watershed moment’ for the digital sector - the Digital Markets, Competition and Consumers Bill

This briefing is part of a series that will take a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (the “Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.

Kate Newman

Wed, 10 May 2023 11:19:44 GMT+00:00

Strengthening the UK clinical research environment

A recent ABPI report highlighted a decline in UK clinical trials. Improving the UK ecosystem for clinical research will involve a range of measures, and we look forward to publication of the O’Shaughnessy review. This sits alongside an ongoing substantial upgrade to UK clinical trials legislation and guidance, that forms the focus of this article.

Isabel Teare

Tue, 9 May 2023 14:11:24 GMT+00:00

CMA takes on Big Tech and prohibits Microsoft / Activision Merger

On 26 April 2023, the Competition and Markets Authority (CMA) announced that it would prohibit Microsoft Corporation’s proposed $68.7 billion acquisition of Activision Blizzard, Inc. due to concerns about the potential impact of the acquisition in the cloud gaming market. This decision demonstrates the CMA’s increasingly proactive approach and continued focus on the tech and digital sector, as well as its resolve to challenge ‘Big Tech’.

Kate Newman

Tue, 9 May 2023 09:25:55 GMT+00:00

Initial experiences with the Clinical Trials Regulation and CTIS in Germany

The EU Clinical Trials Regulation (EU) 536/2014 (the CTR) became applicable on 31 January 2022. We asked our best friend firm in Germany, Graf von Westphalen, to give us an insight into how the CTR and the related Clinical Trials Information System (CTIS) are bedding in.

Stephanie Caird

Tue, 9 May 2023 08:52:59 GMT+00:00

The future of independent schools

As Labour maintains a strong position in the polls and the party’s plans for independent schools continue to make headlines, there is a growing sense significant change may be coming. What are the possible implications and what if anything should independent schools be doing in preparation?

Sarah Seed

Fri, 5 May 2023 10:58:52 GMT+00:00

The Renters Reform Bill – redefining the private rented sector

The Renters Reform Bill is expected to be introduced into Parliament later this year. This follows the UK government's white paper ‘A fairer private rented sector’ published in June of 2022. We look at what the government has said these changes will mean for the future of the Private Rented Sector in England.

Samuel Maw

Thu, 4 May 2023 12:34:56 GMT+00:00

Real estate and renewables

Solar – a bright spot in a concrete square.

Freddie Brock

Wed, 3 May 2023 11:03:49 GMT+00:00

Open-source software – issues we see cropping up in practice

Open-source software (OSS) is software that is free to redistribute, with the source code being distributed as well as the object code. It is widely acknowledged using OSS components in software development can help reduce time and effort being expended recreating functionality that already exists. Consequently, it can speed up innovation.

Paul Knight

Wed, 3 May 2023 08:06:26 GMT+00:00

University spin-outs, students as consumers and fair terms – what can we learn from the Oxford Nanoimaging case?

Universities and spin-out companies should be reviewing their general position in relation to intellectual property ownership in light of the court’s decision in the recent case of Oxford University Innovations v Oxford Nanoimaging 2022.

Alice Simpson

Tue, 2 May 2023 10:03:00 GMT+00:00

Guide to incorporating your GP practice

GP practices looking to incorporate should take time to consider whether it is the right move for their practice. There are pros and cons to consider when forming a limited liability company.

Benjamin Bull

Mon, 24 Apr 2023 12:30:45 GMT+00:00

What digital health start-ups should think about when recruiting staff

When the founders of a new digital or tech health business start to take on staff, it is crucial that they not only get the right employment agreements in place but look carefully at whether there are any current or past contractual obligations and/or restrictions that could impact on their ability to perform as required.

Francesca Clowes-Fellows

Wed, 12 Apr 2023 08:53:15 GMT+00:00

The Tate Modern case: are human rights relevant to property law cases between private parties?

The recent Supreme Court decision of Fearn and others v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.

Samuel Maw

Thu, 6 Apr 2023 09:14:36 GMT+00:00

Carbon-credit broker party to fraudulent trading

Court holds broker is within the scope of being a “party to” fraudulent trading where the broker introduced buyers and sellers of carbon credits to trading parties participating in an MTIC fraud.

Tim Evans

Tue, 4 Apr 2023 15:11:27 GMT+00:00

Obtaining costs of a private examination

Trustee in Bankruptcy is entitled to his costs of application under s.366 IA 1986, despite not obtaining an order for private examination.

Jacob Walker

Tue, 4 Apr 2023 15:04:37 GMT+00:00

Restructuring plan as an alternative to administration

Court held that debtor company consent required before a Part 26A plan could be sanctioned by court.

Morgan Bowen

Tue, 4 Apr 2023 14:51:25 GMT+00:00

Solvent scheme of arrangement

The Court ordered that a meeting could be convened to consider a scheme of arrangement proposed to address issues faced as a result of sanctions.

Lino Di Lorenzo

Mon, 3 Apr 2023 15:59:33 GMT+00:00