RSS Feed
Mills & Reeve - RSS feed
The latest articles and events from Mills & Reeve LLP.

Feed Contents:

Is this the end of the internet as we know it? The Digital Copyright Directive, for and against

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.

Mark Pearce

Fri, 17 May 2019 10:52:24 GMT+00:00

Legal preparations in Poland for no-deal Brexit

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: what is it for, how does it work, and what does the future hold?

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.

Neil Pearson

Mon, 13 May 2019 15:04:30 GMT+00:00

Making Fraud Pay: Private Prosecutions

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.

Christian Young

Thu, 9 May 2019 13:22:49 GMT+00:00

Administrator ordered to pay compensation after sale without proper valuation

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.

Jacob Walker

Tue, 7 May 2019 12:57:41 GMT+00:00

Another lesson from Lehman

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.

Catherine Noble

Tue, 7 May 2019 12:53:02 GMT+00:00

Does a trustee start proceedings with a witness statement or particulars of claim?

The trustee began proceedings to set aside transactions defrauding creditors. He did so by an application notice and supporting witness statement.

Jamie Wheatley

Tue, 7 May 2019 12:49:12 GMT+00:00

Declaratory relief and a mandatory injunction by Spanish Administrator

Receivers sought declaratory relief and a mandatory injunction regarding a distribution payable to company creditors by a Spanish Insolvency Administrator

Helen Fyles

Tue, 7 May 2019 11:30:11 GMT+00:00

Death (or dissolution) is not the end

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

Court backs receivers on their actions

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.

Neil Smyth

Tue, 7 May 2019 11:22:31 GMT+00:00

Online harms White Paper

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’.

Gary Attle

Fri, 3 May 2019 11:04:57 GMT+00:00

Professional Negligence: If in serious doubt, apply to strike it out

The High Court calls time on abusive and incoherent statements of case.

Laura Bee

Fri, 3 May 2019 10:06:53 GMT+00:00

Professional Negligence: No loss, no claim. Simple?

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.

Alexa Jones

Fri, 3 May 2019 09:58:20 GMT+00:00

Sports tech and the Digital Copyright Directive

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.

Edward Hadcock

Wed, 1 May 2019 10:39:33 GMT+00:00

New rules on off-payroll working to reach private sector next year

Businesses need to prepare for tougher tax rules that will apply from April 2020 to arrangements with personal service companies.

Kevin Lowe

Tue, 23 Apr 2019 13:29:41 GMT+00:00

Charity Commission guidance for charities with a connection to a non-charity published

The new guidance published by the Charity Commission will affect many charities, and charities will need to review their existing arrangement with non-charities.

Neil Burton

Tue, 23 Apr 2019 10:14:30 GMT+00:00

Does the court have faith in relational contracts & the implied duty of good faith?

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.

Isabel Teare

Thu, 18 Apr 2019 15:55:24 GMT+00:00

EU agrees new, flexible extension to Brexit date

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?

Charles Pigott

Tue, 16 Apr 2019 10:53:56 GMT+00:00

Employment status and the gig economy: taking stock

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.

Charles Pigott

Mon, 15 Apr 2019 10:32:16 GMT+00:00

Ground Rent Claims – the Government reacts

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.

Clare Howard

Tue, 9 Apr 2019 15:08:03 GMT+00:00

SDLT and potential claims against conveyancers

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.

Clare Howard

Tue, 9 Apr 2019 15:05:03 GMT+00:00

Claims against law firms – 2019 trends

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.

David Gooding

Tue, 9 Apr 2019 15:00:16 GMT+00:00

Supreme Court backs law firm

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.

Lisa Taylor

Tue, 9 Apr 2019 14:48:59 GMT+00:00

The difficulty in removing a trustee in bankruptcy

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.

Catherine Noble

Tue, 9 Apr 2019 13:51:40 GMT+00:00

Appointment of receivers and group relief from UK corporation tax

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.

Jamie Wheatley

Tue, 9 Apr 2019 12:39:57 GMT+00:00

Should multiple bankruptcy petitions relating to the same debtor be heard together?

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.

Jacob Walker

Mon, 8 Apr 2019 14:53:46 GMT+00:00

Solicitors’ liens and legal fees in liquidation

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.

Helen Fyles

Mon, 8 Apr 2019 14:47:42 GMT+00:00

Just because it looks like a transaction to defraud does not mean it is

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.

Neil Smyth

Mon, 8 Apr 2019 14:36:06 GMT+00:00

Primary Care Networks: What you need to know

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.

Rob Day

Thu, 4 Apr 2019 16:20:01 GMT+00:00

Mind the Gap! The challenge of managing skills shortages and a dynamic workforce during Brexit

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.

Ruth Andrew

Mon, 1 Apr 2019 14:54:31 GMT+00:00

AssetCo Plc v Grant Thornton UK LLP – a masterclass judgment in the scope of duty of auditors

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:

Lesley-Ann Hamlyn

Fri, 29 Mar 2019 14:50:52 GMT+00:00

Brexit postponed: where to with Article 50?

In this briefing we assess where the UK stands after the EU’s decision to grant a limited extension to Article 50.

Charles Pigott

Wed, 27 Mar 2019 11:06:08 GMT+00:00

The Future of Healthcare Estates

Mills & Reeve hosted this event looking at the future of healthcare estates with the Institute of Healthcare Management.

Bridget Archibald

Mon, 25 Mar 2019 14:17:59 GMT+00:00

A double whammy to IFAs and their insurers as FOS is given new enhanced powers

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.

Virginia Hickley

Mon, 25 Mar 2019 09:59:09 GMT+00:00

What do the latest Financial Ombudsman Service figures for Sipps indicate for the future?

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.

Matthew Wilson

Mon, 25 Mar 2019 09:52:46 GMT+00:00

SIPPs – Where should the blame lie?

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?

Claire Roake

Mon, 25 Mar 2019 09:43:53 GMT+00:00

Professional negligence: On the stroke of midnight the limitation clock started ticking

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?

David Gooding

Wed, 20 Mar 2019 11:01:46 GMT+00:00

Adjudication jurisdiction and reservations of rights

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.

Adele Evans

Tue, 19 Mar 2019 11:56:12 GMT+00:00

Battle of the terms – commercial pressures versus legal detail

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.

Neil Davies

Tue, 19 Mar 2019 11:52:59 GMT+00:00