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The latest articles and events from Mills & Reeve LLP.

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Artificial intelligence and financial services – building trust

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.

Paul Knight

Wed, 11 Sep 2019 10:52:27 GMT+00:00

Technology, armed conflict and the illegal exploitation of minerals - new EU regulation

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.

Jayne Hussey

Wed, 4 Sep 2019 13:51:21 GMT+00:00

A round up of some recent litigation cases - September 2019

We round up some recent litigation cases.

Miranda Whiteley

Thu, 29 Aug 2019 15:43:51 GMT+00:00

Blue pencils at the ready - Supreme Court saves restrictive covenant in employment contract

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.

Andrew Secker

Thu, 29 Aug 2019 15:39:24 GMT+00:00

Lessons for when limitation looms – the moral of Cowan v Foreman

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.

Ben Reeves

Thu, 29 Aug 2019 15:33:06 GMT+00:00

Recovering the costs of related hearings

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.

Miranda Whiteley

Thu, 29 Aug 2019 15:25:57 GMT+00:00

Calculating statutory holiday pay: the latest

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.

Charles Pigott

Thu, 29 Aug 2019 13:12:30 GMT+00:00

Effect of administration on employment proceedings

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.

Catherine Noble

Wed, 21 Aug 2019 10:02:37 GMT+00:00

Statutory Demands: Third Party Charges are Security “In Respect of a Debt"

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.

Catherine Noble

Wed, 21 Aug 2019 09:57:35 GMT+00:00

Section 127 Insolvency Act and applying for a validation order

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

When will the court rescind a winding-up order?

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.

Jamie Wheatley

Wed, 21 Aug 2019 09:51:21 GMT+00:00

Directors’ duties – distributions and granting security

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.

Jastinder Samra

Wed, 21 Aug 2019 09:47:58 GMT+00:00

Courts support fixed charge receivers in selling football club

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.

Neil Smyth

Wed, 21 Aug 2019 09:43:14 GMT+00:00

A modern landscape for media litigation

Welcome to the new CPR Part 53 and to the specialist Media and Communications List.

Rachael Somerset

Thu, 15 Aug 2019 10:29:42 GMT+00:00

Medical records hold the key to malpractice cases

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.

Stephen King

Mon, 12 Aug 2019 11:24:09 GMT+00:00

Boris and Brexit: the first 100 days

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.

Charles Pigott

Thu, 8 Aug 2019 09:10:56 GMT+00:00

#MeToo and NDAs: the bigger picture

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?

Melanie James

Tue, 6 Aug 2019 11:07:37 GMT+00:00

The NHS Trusts’ challenge

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.

Richard New

Tue, 6 Aug 2019 10:59:38 GMT+00:00

GDPR – one year on: data protection and artificial intelligence

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.

David Hall

Thu, 25 Jul 2019 13:48:59 GMT+00:00

Student wins right to express religious views on social media

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.

Eve Rodgers

Wed, 24 Jul 2019 15:19:54 GMT+00:00

A “no deal” Brexit and EU trade marks and designs

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.

Richard Plaistowe

Wed, 24 Jul 2019 14:49:05 GMT+00:00

Information Commissioner notifies multi-million pound fines for data breaches

The Information Commissioner’s Office has started issuing notices of intention to fine data controllers under the GDPR for data breaches.

Claire Williams

Wed, 24 Jul 2019 13:56:51 GMT+00:00

The International Education Strategy

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.

Poppy Short

Wed, 24 Jul 2019 13:43:50 GMT+00:00

Round up of recent cases - July 2019

We round up some recent litigation cases.

Miranda Whiteley

Tue, 23 Jul 2019 10:21:48 GMT+00:00

Letters of request: how to obtain the English evidence you need

In a globalised world disputes are increasingly international and frequently require disclosure of evidence from other jurisdictions.

Andrew Tobin

Tue, 23 Jul 2019 10:15:08 GMT+00:00

Supplier in distress – reducing the impact on critical services

In the wake of Carillion’s collapse, businesses are taking an increasingly active role in monitoring the financial position of their key suppliers.

Greg Fearn

Tue, 23 Jul 2019 10:07:34 GMT+00:00

Privilege and disclosure of internal communications

Satellite litigation about disclosure of supposedly privileged internal communications continues to proliferate.

Miranda Whiteley

Tue, 23 Jul 2019 10:02:57 GMT+00:00

GDPR – one year on: data protection and blockchain

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.

Paul Knight

Mon, 22 Jul 2019 15:28:48 GMT+00:00

Insurance Act 2015 put to the test in court

The case of Young v Royal & Sun Alliance is the first reported case to be decided under the new Act.

Andrew Tobin

Mon, 22 Jul 2019 10:54:57 GMT+00:00

Charity Legal Update - July 2019

Our legal update for in-house charity lawyers.

Neil Burton

Thu, 11 Jul 2019 08:31:37 GMT+00:00

What can other charities learn from the Charity Commission’s final Oxfam report?

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.

Tori Spratt

Thu, 11 Jul 2019 08:26:59 GMT+00:00

Anti-suit injunctions and the Madoff Ponzi scheme

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.

Helen Fyles

Thu, 4 Jul 2019 13:58:02 GMT+00:00

Adjudicator’s decision for an interim payment not enforced after a company enters CVA

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.

Catherine Noble

Thu, 4 Jul 2019 13:48:34 GMT+00:00

“Blind-eye” defence fails in fraudulent trading claim

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.

Jacob Walker

Thu, 4 Jul 2019 13:38:35 GMT+00:00

Circumventing an English court order by relying on legal rights in another jurisdiction

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.

Jastinder Samra

Thu, 4 Jul 2019 13:27:52 GMT+00:00

Appropriate circumstances for making an immediate winding-up order and appointment of special managers

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.

Jamie Wheatley

Thu, 4 Jul 2019 13:18:07 GMT+00:00

No resulting trust in favour of a bankrupt

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

Can a foreign solvent company be recognised in the UK under the Cross Border Insolvency Regulations?

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.

Neil Smyth

Thu, 4 Jul 2019 13:02:06 GMT+00:00

Ten Top Tips: The golden rules for a successful GP practice merger

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.

Rob Day

Mon, 1 Jul 2019 09:41:41 GMT+00:00