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The latest legal articles and publications from Mills & Reeve.
A director applied under Schedule B1 IA 1986 for the appointment of an administrator. The other director opposed the application on the basis that one director alone had no standing to do so.
Thu, 30 Nov 2023 15:37:26 GMT+00:00
Sunset Limited and Morville Limited presented a bankruptcy petition in respect of Mr Al-Hindi based on the failure to comply with a statutory demand presented in March 2022 seeking payment of £248,720 in respect of unpaid rent for four properties.
Thu, 30 Nov 2023 15:22:56 GMT+00:00
This case concerned an Irish company which had entered examinership there (the Irish equivalent of administration) and its examiner had formulated a scheme of arrangement wherein unsecured creditor claims would be crammed down in exchange for a dividend of five pence in the pound.
Thu, 30 Nov 2023 15:12:55 GMT+00:00
The administrators in Greensill UK (G-UK) made an application for a determination as to whether or not it or Greensill AG (G-AG) was the beneficial owner of funds resulting from various foreign exchange transactions (the main application). The proceedings between the office holders were hostile.
Thu, 30 Nov 2023 14:51:21 GMT+00:00
The director in this case was the sole director of Pure Zanzibar Limited, a travel agency. He was disqualified for seven years after the court concluded he had caused or allowed the company to operate in breach of the Civil Aviation (Air Travel Organiser’s Licensing) Regulations.
Lino Di Lorenzo
Thu, 30 Nov 2023 14:44:26 GMT+00:00
Last year, in respect of the Comet collapse, the judge at trial found that the appellant had been put in a better position than other creditors on Comet’s administration as part of a complicated purchase and restructure of the Comet group.
Thu, 30 Nov 2023 14:39:18 GMT+00:00
Leading national law firm Mills & Reeve has advised the majority shareholders of Antser Group on the sale of Antser to a new company backed by YFM Equity Partners (YFM).
Wed, 29 Nov 2023 13:00:12 GMT+00:00
There are many different reasons why people may not put a Will in place. Too busy, too squeamish, thinking their situation is straightforward enough not to need the expense, they don’t have ‘enough’ to matter, or they don’t have any immediate family to benefit so they’re not clear what they want to happen after their deaths.
Tue, 28 Nov 2023 13:22:32 GMT+00:00
We've brought together a round-up of some recent litigation cases.
Mon, 27 Nov 2023 12:34:13 GMT+00:00
At the end of the summer the Civil Justice Council published their recommendations for reforming current pre-action protocol regime. The CJC endorses radical changes including making compliance with PAPs mandatory in most cases. We reflect on what these changes will mean for parties when they are introduced.
Mon, 27 Nov 2023 12:13:07 GMT+00:00
Practice Direction 57AC was introduced into the Business and Property Courts in 2021. It sets out detailed requirements for trial witness statements.
Mon, 27 Nov 2023 11:53:25 GMT+00:00
Anyone involved in litigation may on occasion need relief from the court under CPR 3.9, for example where they have failed to meet a deadline for a statement of case, witness statement or court budget. We review the case law and offer tips to both sides on how to emerge unscathed from a relief from sanctions application.
Mon, 27 Nov 2023 11:39:38 GMT+00:00
Acting in one of the last appeals to the Court of Justice of the European Union (CJEU) in which UK representatives will appear, Mills & Reeve, instructed through Indian boutique IP firm, K&S Partners, have received a favourable Advocate General’s opinion prior to the CJEU’s decision.
Fri, 24 Nov 2023 15:43:44 GMT+00:00
In September, HMRC updated its guidance concerning the tax position where an employer reimburses an employee for the cost of home charging a company-owned electric vehicle (“EV”), even where that EV is available for private use.
Thu, 23 Nov 2023 14:20:21 GMT+00:00
Jeremy Hunt has delivered his Autumn Statement to the House of Commons and, as we see some predictions in respect of tax come true, Inheritance Tax survives for now.
Thu, 23 Nov 2023 09:49:09 GMT+00:00
On 20 July 2023 Barry White and Andrew Fraiser submitted their Report to the Infrastructure and Projects Authority summarising their review of “behaviours, relationships and disputes across the PFI sector”. The Report contains recommendations for a “PFI reset”. It is relevant to every one of the UK’s 700+ PFI projects, other long term PPP contractual relationships and NHS estates maintenance teams.
Wed, 22 Nov 2023 13:34:27 GMT+00:00
There are c.700 live PFI projects in the UK, the bulk of which are due to expire in the coming 15 years. Expiry and the associated handback of facilities and assets to the public sector is a major event that requires careful consideration by all parties involved. If handled poorly, there are substantial risks. In this Guidance note we briefly summarise the recommendations of the Infrastructure and Projects Authority’s practical guidance.
Wed, 22 Nov 2023 13:14:20 GMT+00:00
This new corporate criminal offence of failing to prevent fraud, punishable by unlimited fine, will come into force next year
Wed, 22 Nov 2023 09:17:22 GMT+00:00
In Royal and Sun Alliance Insurance Ltd v Tughans (A Firm)  EWCA Civ 999, the Court of Appeal unanimously upheld a High Court decision that, yes, the insurer was liable to indemnify solicitors (Tughans) in respect of fees paid to Tughans following an alleged misrepresentation by a partner of the firm.
Wed, 22 Nov 2023 09:16:10 GMT+00:00
A recent case heard by the Scottish Solicitors’ Discipline Tribunal has highlighted the complexities around how solicitors interact with vulnerable clients, particularly in matters involving conflicts of interest, mental capacity, and undue influence. This case offers an opportunity for some cross-border analysis between England and Wales and consideration of what best practice looks like in such a situation.
Mon, 20 Nov 2023 16:43:53 GMT+00:00
At present, probate delays are frustrating, with paper applications taking anywhere from 5-8 months, and online applications taking 3-5 months. However, the Law Society recently released a report on the digitisation of the courts process, so is there light at the end of the tunnel? In this article, probate specialist Orlando Beckett gives us his thoughts.
Wed, 15 Nov 2023 17:33:46 GMT+00:00
Anyone carrying out equity fundraising from individuals should be aware that the financial promotions self-certification forms will change in January. The new certificates require higher thresholds for individuals to self-certify as high net worth individuals and sophisticated investors.
Mon, 13 Nov 2023 15:20:14 GMT+00:00
There are many incentives for managing land sustainably, which can have direct and ancillary benefits on a local to a global scale.
Thu, 9 Nov 2023 16:50:50 GMT+00:00
Our latest life sciences webinar looked at reputation management for life sciences organisations.
Wed, 8 Nov 2023 10:30:04 GMT+00:00
The applicants were the joint administrators of London South West SW Limited (the company). The company was incorporated for the development and sale of residential property involving the creation of 26 flats (the property). The company was the lessor of 25 of the flats. The individual flat owners all had sub-leases granted by the company.
Tue, 31 Oct 2023 18:52:38 GMT+00:00
Liquidators brought claims against a former director alleging breach of duty, and against an associate of the director alleging dishonest assistance. The defendants applied for strike out and/or reverse summary judgment.
Tue, 31 Oct 2023 18:42:51 GMT+00:00
This case concerned a claim under section 212 of the Insolvency Act 1986 brought by a customer against the directors arising out of the collapse of FXS and GFX.
Tue, 31 Oct 2023 18:35:32 GMT+00:00
SHPL, a company selling pre-arranged funeral plans, entered administration on 23 March 2022. Although the funds from plan holders were placed into a trust, the administrators found that there was a significant shortfall between the available assets in the trust and the amounts required to pay the plan holders' respective funerals. Around 460,000 plan holders have been impacted by SHPL’s administration.
Tue, 31 Oct 2023 18:27:17 GMT+00:00
The company, whose sole director and shareholder was the applicant, entered into a facility agreement with Synergy In Trade. Under the terms of that facility, the lender advanced funds and provided letters of credit to suppliers to enable the company to purchase items for sale to Aldi.
Lino Di Lorenzo
Tue, 31 Oct 2023 18:11:28 GMT+00:00
This case is the latest in a long line involving the Brakes, their bankruptcy and eviction from a property. The Court of Appeal estimated that the matter had generated 42 decisions at the time of this judgment and a Supreme Court decision has subsequently been handed down.
Tue, 31 Oct 2023 17:59:36 GMT+00:00
It's widely recognised that reform of the present inheritance tax (IHT) system is long overdue. With a general election on the horizon, IHT is likely to be a topic of discussion and debate. While it's unlikely to be abolished entirely, there are various changes that could be made to the existing IHT framework. This article sets out potential options for reform.
Mon, 23 Oct 2023 12:29:29 GMT+00:00
On 12th October 2023, the Competition and Markets Authority (CMA) published in final form their Guidance on the application of the Chapter I prohibition in the Competition Act 1998 to environmental sustainability agreements’ (‘the Guidance’), otherwise known as the ‘Green Agreements Guidance’. This follows a period of extensive consultation on draft guidelines that were published earlier this year.
Fri, 20 Oct 2023 13:02:38 GMT+00:00
This briefing outlines the key regulatory developments that tech start-ups should be aware of, whether they may at some point seek to be acquired by Big Tech as part of an exit plan or wish to resist being the subject of a “killer acquisition” (ie, where an incumbent acquires a nascent, innovative business to eliminate it as a potential competitor).
Thu, 19 Oct 2023 13:15:22 GMT+00:00
Successive Supreme Court rulings have clarified most remaining issues about workers’ holiday pay entitlement. However, more change could be on the way.
Thu, 19 Oct 2023 12:59:02 GMT+00:00