Latest legal publications

14 December 2021

Insight

Private equity funding for mid-market businesses, and how to attract it

This article, from Andy Skinner, director at NorthEdge Capital and Peter McLintock, partner at Mills & Reeve, discusses what private equity is, and how to adequately prepare your business to attract funding.

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4 min read

13 December 2021

Insight

The only way is ethics: how Wellcome is developing an integrity culture

Fraser Simpson, Wellcome’s associate general counsel explains how he has been working towards catalysing an integrity culture.

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5 min read

9 December 2021

Insight

Workplace vaccination: sanctions or rewards?

The emergence of the omicron variant creates a new urgency for employers to explore ways to increase COVID vaccination uptake in their workforce.

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4 min read

7 December 2021

Insight

Are pre-action protocols working?

In April 1999, a number of reforms, generally referred to as the Woolf Reforms after Lord Woolf, by reference to his reports looking at access to the civil justice system, came into being.

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3 min read

30 November 2021

Insight

Liquidator fails to recover payments to directors

A liquidator failed to establish that payments made from a company’s bank account to its directors had amounted to a breach of duty, transaction at an undervalue, or transaction not authorised by the company’s articles.

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2 min read

30 November 2021

Insight

Goodwill as a company asset

In a misfeasance application the court concluded that a ‘celebrity’ personal stylist had not breached her director’s duties when operating through another company as all the goodwill generated by the business was personal.

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2 min read

30 November 2021

Insight

Double proof rule amended

When proving for a debt, a creditor must now account for prior part-payment of the debt by a surety where that surety has given up any right to an indemnity from the principal debtor.

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2 min read

30 November 2021

Insight

Claim for CBIR recognition fails

Singaporean moratoria were linked to schemes of arrangement that could not effect a discharge of English law governed debt. As such, the English law governed debt had to be carved out from any stay granted by the court on recognition of the Singaporean moratoria under the Cross-border Insolvency Regulations 2006 (CBIR)

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2 min read

30 November 2021

Insight

Enforcing an adjudicator’s award

The Court of Appeal has again grappled with the question of whether an insolvent company can enforce an adjudicator’s award.

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2 min read

30 November 2021

Insight

When a personal guarantee isn't enforceable by statutory demand

The Court of Appeal confirmed that Deputy ICC Judge Agnello QC was correct in setting aside two statutory demands served on the directors of a company where the creditor sought to rely on personal guarantees that were capable of rescission, however costs should only have been awarded on a standard basis.

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2 min read

30 November 2021

Insight

What is a reasonable offer of security?

The Court of Appeal dismissed an appeal of a bankruptcy order made for a judgment debt where the debtor had made a part payment and contended that he had offered security for the balance of the debt.

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2 min read

29 November 2021

Insight

Jurisdictional gateway and foreign law issues considered by Supreme Court

On 20 October 2021, the Supreme Court handed down its most recent judgment in the ongoing litigation in FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45. The most important point to note is the Supreme Court’s wide interpretation of the term “damage… sustained… within the jurisdiction” in respect of the type and severity of damage required to allow a claim in tort to pass through the relevant jurisdictional gateway within Civil Procedure Rule PD6B 3.1.

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5 min read

26 November 2021

Insight

How to avoid costly misunderstandings in family run businesses

Many UK businesses are co-owned and managed and it’s very common for owners and managers to be members of the same family. While businesses will usually have a detailed business plan in place, there can be issues that the co-owners/managers and family members fail consider properly, and which could potentially cause significant problems going forwards.

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3 min read

26 November 2021

Insight

The latest decision on conditional discharge and deprivation of liberty

In this article, we consider the High Court’s recent decision concerning whether patients with mental capacity who are subject to a conditional discharge in the community can lawfully remain under conditions that deprive them of their liberty.

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4 min read

26 November 2021

Insight

Code of Practice for commercial property debts

Alongside the draft Commercial Rent (Coronavirus) Bill (the “Bill”), which is due to come into force on 25 March 2022, the government has published a new Code of Practice (the “Code”) for commercial property debts:- Code of practice for commercial property relationships following the COVID-19 pandemic - GOV.UK (www.gov.uk)

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5 min read

25 November 2021

Insight

ESG for owner managed and family businesses

As a family business, you will be well aware of the important role that businesses can play in supporting the communities they serve. But we’re hearing more and more about the wider importance of “ESG”, and the pressure on all organisations to be “better” citizens.

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3 min read

24 November 2021

Insight

Heat and Building Strategy

The Heat and Buildings strategy (“the Strategy”) sets out the government’s actions and long-term plan to significantly reduce carbon emissions from UK households and workplaces in an affordable and green way.

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5 min read

24 November 2021

Insight

Keeping it in the family – employment law challenges for family owned businesses

Family owned businesses (FOBs) employ millions of employees in the UK. Some of those businesses are significant, sophisticated employers in size and often in terms importance in a local economy. Others are micro-employers where the workforce is entirely a family affair.

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3 min read

18 November 2021

Insight

COP26 – Building change in real estate?

Since the UN Environment and International Energy Agency Global Status Report 2017 identified that buildings and construction account for an incredible 36% of worldwide energy usage and 39% of CO2 emissions, it has been clear that substantial adaptation would be required from the real estate industry in order to meet the pledges of more than 130 countries to reach net zero by 2050.

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5 min read

18 November 2021

Insight

Conservation covenants: a welcome legal tool in the battle to save our environment

In a week where the focus has been on COP26 and the significant global challenge of holding temperature rises, it may have slipped your attention that the Environment Act 2021 (“EA 2021”) placed onto the statute books the important concept of “conservation covenants”.

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4 min read

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