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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

Insurers successfully seek declaratory relief for hot works exclusion

The case of Aspen Insurance UK Ltd and Liberty Mutual Insurance Europe Limited v Sangster & Annand Ltd highlights the importance for insured contractors to be aware of the limits and requirements of their public liability cover, and the potential implications for employers in circumstances where their contractors fail to comply with those requirements.

Jacqui King

Tue, 19 Mar 2019 11:47:41 GMT+00:00

Successful result for the architect who faced a negligence claim in relation to free advice

The case of Burgess v Lejonvarn highlights some fundamental points in relation to basic principles of contract information, and the importance for construction professionals to ensure that they are always careful when giving professional advice, even when those services are given free of charge to friends!

Andrea Lynch

Tue, 19 Mar 2019 11:44:49 GMT+00:00

Enabling access to patient capital in the technology and life sciences sectors

Increasing access to capital for early stage, innovative businesses has been on the agenda for UK Government for several years. As the strategy develops from broad brushstrokes to more detailed policy, what concrete proposals are being considered, and how effective are these likely to be?

Dona Ardeman

Thu, 14 Mar 2019 17:57:42 GMT+00:00

Building investor confidence and access to capital in the life sciences sector

It seems that, despite Brexit-related uncertainty, investment in UK businesses is thriving in the life sciences sector.

Kristian Shearsby

Thu, 14 Mar 2019 17:53:51 GMT+00:00

Enabling investment and growth for innovative businesses

The UK remains at the forefront of European tech investment, despite the challenges and uncertainty of Brexit.

Frances Churchard

Thu, 14 Mar 2019 16:50:51 GMT+00:00

Business rates mitigation: Rossendale v Hurstwood, Wigan v PAG – Court of Appeal

The Court of Appeal has handed down judgment in the PAG case and the decision is in favour of the ratepayer.

Richard New

Wed, 13 Mar 2019 15:42:19 GMT+00:00

Change, challenge and opportunity are coming to the real estate landscape in HE

Universities and their estates teams are facing some of the biggest challenges in recent memory.

Christian Bull

Wed, 13 Mar 2019 09:36:43 GMT+00:00

UK Industrial Strategy - The importance of higher education and research

As the UK prepares to leave membership of the European Union, we review the UK Industrial Strategy, which was set out in the Government’s White Paper in November 2017 – Building a Britain fit for the future – and consider the importance of the role played by the UK higher education and research sector.

Gary Attle

Tue, 12 Mar 2019 15:40:55 GMT+00:00

A round-up of some recent litigation cases - March 2019

We've brought together a round-up of some recent litigation cases that may be of interest.

Miranda Whiteley

Mon, 11 Mar 2019 12:32:56 GMT+00:00

Aha! Knowing Me, Knowing You – Norwich Pharmacal in civil fraud

Local Norwich radio presenter Alan Partridge is back on our screens and has an unusual approach to getting to know his guests. In a similar vein, a Norwich Pharmacal disclosure order is a dynamic means to get to know a fraudster that has stolen funds. It is one of the most powerful and invasive tools available in English law, and is routinely deployed by our dedicated Civil Fraud and Asset Recovery team.

Tom Filby

Mon, 11 Mar 2019 12:30:50 GMT+00:00

Abuse of process – when does “warehousing” justify a strike out?

A defendant faces a stale claim where the claimant has done nothing to progress it for months, perhaps years. Can they apply to strike it out, confident of success, or do they risk tickling the sleeping dragon and kick-starting the claim, with an adverse costs order to boot? We look at the question of when delay becomes abusive “warehousing” in the light of recent guidance given in Asturion Foundation v Alibrahim.

Miranda Whiteley

Mon, 11 Mar 2019 12:27:32 GMT+00:00

How frustrating is Brexit (where leases of commercial property are concerned)?

For those readers who just cannot get enough Brexit-related news and analysis, the High Court in Canary Wharf (BP4) T1 Limited v European Medicines Agency recently provided an interesting, if perhaps unsurprising, take on the doctrine of frustration as it applies to leases. In this case a lease of expensive office accommodation with a potential future rent liability of around £500 million.

Julian Steed

Mon, 11 Mar 2019 12:22:45 GMT+00:00

Fair access to higher education

Many will remember the publication of the National Committee of Inquiry into Higher Education in 1997 which was chaired by Lord Dearing. Chapter 7 focused on widening participation and was introduced as follows:

Gary Attle

Thu, 7 Mar 2019 15:48:17 GMT+00:00

The real cost of clinical negligence claims

The revised discount rate is expected imminently but will this be enough to tackle the rising costs of clinical negligence claims? Possibly not. This article explores the reasons for escalating fees and how the issue can be stemmed.

Sophie Briggs

Tue, 5 Mar 2019 12:12:51 GMT+00:00

Record keeping and policy requirements

In July 2018 we considered the impact of GDPR on obtaining medical records. This article continues our analysis of the role medical records in claims and particularly, the requirements of preservation imposed by many commercial insurance policies.

Matthew Wilson

Tue, 5 Mar 2019 12:07:06 GMT+00:00

What next for medical indemnity arrangements?

As the Government’s consultation on appropriate clinical negligence cover comes to a close, we highlight the key questions asked and the potential impact of the findings for healthcare professionals and potential claimants.

Stephen King

Tue, 5 Mar 2019 11:41:14 GMT+00:00

Dr Khan v MNX – Court of Appeal

A study on the scope of the doctor’s duty of care and losses flowing from a breach of that duty.

Stephen King

Tue, 5 Mar 2019 11:23:11 GMT+00:00

Family wealth planning: a gift to charities?

Philanthropy is much discussed these days. It’s not a word that I’m particularly keen on because it perhaps suggests that charitable giving is limited to the likes of David Harding, who it was recently reported gave £100 million to Cambridge University, brilliant though that is. It’s a grand word, giving the impression that acts of philanthropy are only possible for the super-rich, rather than the majority.

Virginia Edgecombe

Mon, 4 Mar 2019 16:08:57 GMT+00:00

Brexit Briefing: Trade marks and registered designs

With little time remaining before the UK is due to leave the European Union, considerable uncertainty still remains about the shape of Brexit and the future for business. EU trade marks, Community designs (registered and unregistered), and EU designations of International trade marks and registered designs (referred to below as “EU Rights”) apply automatically across the whole EU.

Nicola Hanglin

Mon, 4 Mar 2019 11:54:49 GMT+00:00

The interaction between a transaction to defraud claim and previous proceedings

Court allows claimant to pursue transaction to defraud claim, notwithstanding a similar previous claim having been unsuccessful.

Jamie Wheatley

Mon, 4 Mar 2019 11:31:22 GMT+00:00

The tax man wins again

The First Tier Tax Tribunal considers whether a bankrupt has standing to appeal against assessments to tax raised by HMRC.

Helen Fyles

Mon, 4 Mar 2019 10:06:56 GMT+00:00

Can an otherwise lawful dividend be a transaction defrauding creditors?

The Court of Appeal holds that section 423 IA 1986 can apply to the payment of otherwise lawful dividends

Jacob Walker

Mon, 4 Mar 2019 10:03:13 GMT+00:00

Can a trustee in bankruptcy obtain information cross-border?

The English Court has jurisdiction to order that a European Bank discloses information regarding the affairs of a bankrupt.

Catherine Noble

Mon, 4 Mar 2019 09:59:00 GMT+00:00

Adjudication v insolvency process

The Court of Appeal clarifies the interaction between adjudication, liquidation and CVAs.

Neil Smyth

Mon, 4 Mar 2019 09:50:37 GMT+00:00

Pros and cons of the Wholly Foreign Owned Enterprise (WFOE) 外商独资企业

This article is the second in a series discussing the business entities available to foreign investors in China which are collectively referred to as Foreign Invested Entities (FIEs).

Nick Finlayson-Brown

Thu, 28 Feb 2019 10:18:59 GMT+00:00

Part II: new review into legal aid funding for bereaved families at inquests

The Ministry of Justice this month published its final report into their Review of Legal Aid for Inquests.

Kevin Duce

Tue, 19 Feb 2019 14:58:35 GMT+00:00

Stopping Formula One in its tracks- the harsh reality facing British Motorsport after Brexit

Formula One (F1) is widely regarded as the pinnacle of world motorsport and is an industry worth around $4 billion a year.

Phil Hutchinson

Mon, 18 Feb 2019 11:17:56 GMT+00:00

Remanufacturing – Tackling Perceptions

Technological advances in the automotive sector are producing ever more sophisticated vehicles with increasing longevity. The cars on our roads today are older and wiser. This has opened the door for innovative “spare part” and “reuse” solutions within the remanufacturing industry. Remanufacturers are offering superior alternatives to reconditioning and newly manufactured parts, but their offering is being met by an environment of misconception. Within the automotive sector, both manufacturers and consumers are sceptical of the remanufacturing process so they are instead opting for costly new, or (potentially) inferior quality reconditioned, parts. Such scepticism is the product of unfamiliarity on the meaning and benefits to be reaped from remanufacturing.

Ruth Andrew

Mon, 18 Feb 2019 08:37:48 GMT+00:00

Probate fees based on value of estate

The Government is set to charge probate fees based on the value of an individual’s estate on death. For some this will result in a massive increase, from the current £155 fee, to £6,000. This is on top of any inheritance tax that is payable.

John Grundy

Thu, 14 Feb 2019 08:34:37 GMT+00:00

When data becomes the new currency

Brexit and the new wave of health data deals can undermine 'business as usual' operations and the kind of homegrown, incremental technological innovation that health and care providers will need in order to survive 2019.

Wed, 13 Feb 2019 08:44:35 GMT+00:00

A round-up of some recent litigation cases – January 2019

We've brought together a round-up of some recent litigation cases that may be of interest.

Mon, 11 Feb 2019 17:20:40 GMT+00:00

What to consider if you are investing in China

What presence, if any, should companies considering investing in China have in the country. This is the first in a series of updates that will introduce the main business entities available to foreigners investing in China...

Mon, 11 Feb 2019 17:20:31 GMT+00:00

Latest news on ICPs and the ICO contract

NHS England’s consultation on the contracting arrangements for Integrated Care Providers (ICPs) was launched on 3 August 2018 and remains open for feedback closing on 26 October 2018.

Mon, 11 Feb 2019 17:19:33 GMT+00:00

Exploring solutions to the Brexit deadlock

With the clock advancing ever closer towards 29 March, how can the current deadlock between the UK and the EU be broken and a hard Brexit averted?

Charles Pigott

Thu, 7 Feb 2019 14:09:37 GMT+00:00

The Pensions Regulator

The Pensions Regulator and the Financial Conduct Authority have announced a joint regulatory strategy for the next five to ten years, to address the way in which people save for retirement and access their pension. In this briefing we discuss four key issues you should consider.

Wendy Ovenden

Mon, 4 Feb 2019 09:35:14 GMT+00:00

Case note: the most important accountants' negligence case of 2018

Manchester Building Society v Grant Thornton is the most important accountants’ negligence case of 2018. On 30 January 2019, the Court of Appeal upheld a decision by the lower court (Teare, J) handed down in May 2018.

Virginia Hickley

Mon, 4 Feb 2019 08:25:54 GMT+00:00

£10m o2h Therapeutics Fund launched

Mills & Reeve has acted for o2h Ventures Limited in the creation of its Therapeutics Fund with a target size of £10 million, set up to invest in early-stage biotech therapeutics and related AI opportunities.

Thu, 24 Jan 2019 10:52:53 GMT+00:00