Latest legal publications

6 April 2021

Insight

Asda staff win a major victory in their equal pay claim

In a hotly anticipated decision at the Supreme Court last week, Asda supermarket staff won a major victory in their equal pay claim against Asda. Although the ruling does not mean the approximately 35,000 claimants have won the right to equal pay, the ruling does represent a big step forward and means their claim can continue.

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4 min read

30 March 2021

Insight

Rejection in triplicate: Section 117 responsible commissioner revisited (again...and again…and again…)

In a curious turn of events on Ordinary Residence determinations, Jane Williams reviews the judicial review proceedings in R (Worcestershire County Council) v Secretary of State for Health and Social Care.

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7 min read

30 March 2021

Insight

Build to Rent: Resilient despite the pandemic?

The Build to Rent (BTR) sector enjoyed impressive growth before the pandemic. With around one in five households in the UK now renting, BTR has been well positioned to benefit.

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2 min read

30 March 2021

Insight

Existing buildings - re-use and recycle

2019 brought the climate crisis into worldwide focus, and with UK building operations accounting for approximately 30% of the country’s emissions, tackling climate change has become impossible for the property industry to ignore. With the Government’s target to reach net-zero carbon emissions by 2050, a focus on sustainability is very much on the agenda.

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2 min read

30 March 2021

Insight

The latest employment rates and limits

New rates for many statutory payments and compensation limits will apply from April 2021. We have set out the latest figures in a helpful table, for HR professionals to download and have to hand.

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1 min read

29 March 2021

Insight

I’ve just been notified of an English freezing order. Help!

People located outside of the UK are often concerned to learn they may be expected to comply with an English freezing order. If you are sent such an order you should take advice as soon as possible. However, the good news is that if you find yourself in this situation there are a number of things you can check that may mean you are not required to comply with the order. You may even be entitled to recover from the applicant your expenses incurred obtaining legal advice in respect of the order, or applying to the court to clarify your obligations.

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6 min read

26 March 2021

Insight

Biotech patents – assessing validity for broad claims

This article considers the application of the Supreme Court's ruling in Regeneron v Kymab to a patent dispute between Illumina and MGI. When you have a broadly defined biotech invention, how much disclosure is required for it to avoid an insufficiency attack?

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5 min read

23 March 2021

Insight

Corporate law collectives

Practical guidance and tips on buy and build, consolidation, platform bolt-ons, add-ons, roll-up strategy. All terms used to describe a target company for a buyer.

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5 min read

18 March 2021

Insight

Lender claims – problems ahead?

An article concerning developments in the residential housing market which may impact future exposures to claims by lenders. The combination of some history repeating itself, together with potential changes involving blockchain where ‘shares’ in property are created, mean that the profession needs to be on its guard as much as ever.

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4 min read

14 March 2021

Insight

Insurance brokers' duties: avoiding the risk of unnecessary litigation

James Thompson and Shanice Holder consider the High Court’s recent decision which provides a reminder of the insurance brokers' duty to protect its policyholder client from the unnecessary risk of litigation with its insurer.

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5 min read

12 March 2021

Recovery Loan Scheme – New government-backed loan scheme announced for UK businesses

In welcome news for UK businesses suffering from the continued impact of Covid-19, the Government announced in the Budget on 3 March that it would be introducing a new loan scheme, called the ‘Recovery Loan Scheme’, to support ongoing access to government-backed finance until at least the end of the year.

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4 min read

5 March 2021

Insight

Collateral attack: where are we now?

Within the space of four weeks the Court of Appeal have handed down three decisions dealing with collateral attack and abuse of process in the context of proceedings following earlier litigation.

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6 min read

5 March 2021

Insight

The UK’s new medicines and medical devices regime – next steps

This article considers the newly finalised Medicines and Medical Devices Act 2021. How will this the affect life science industry in the UK after Brexit?

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6 min read

3 March 2021

Insight

Late night coding: who owns the results?

An article discussing the ownership of copyright where work is done by an employee out of hours. A recent case Penhallurick v MD5 Limited sheds light on how this is analysed.

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4 min read

2 March 2021

Insight

Covid-19 and business interruption – seconds out, round 2

Due to the implications of Covid-19 on business interruption insurance, the Commercial Court has created a specialist list to consider suitable cases. It has recently handed down judgment on a case falling under that list called Rockliffe Hall Limited v Travelers Insurance Company Limited [2021] EWCH 412 (Comm) which we consider below.

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4 min read

2 March 2021

Insight

Part 26A scheme – first ever cross-class cram down

The court sanctioned a Part 26A scheme notwithstanding that the requisite statutory majority had not been achieved for one class of creditors.

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4 min read

2 March 2021

Insight

Administrators’ duties and the sale of Force India

Claims brought by a bidder for the troubled F1 team against the Administrators for breach of negligence, misrepresentation and breach of confidence were all dismissed. Administrators can take comfort that the courts will be slow to impede their freedom to achieve a statutory objective by imposing a duty of care to prospective bidders for assets or prescribing the decision making process.

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2 min read

2 March 2021

Insight

Exclusive jurisdiction clauses, contractual and insolvency proceedings

The court examined whether a party was bound by an exclusive jurisdiction clause not expressly consented to and whether it had jurisdiction, considering the recast Regulation (EU) 1215/2012 (“Brussels Regulation”) and the EU Insolvency Regulation (“Insolvency Regulation”).

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2 min read

2 March 2021

Insight

Liability for unlawful distributions

This case is concerned with the payment by the company of a dividend and management charge to its shareholder to offset sums due from the shareholder. The claimant contended that the payments were unlawful distributions and should be repaid in full as there were insufficient distributable profits.

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2 min read

2 March 2021

Insight

Court interprets meaning of “value” in defence to void disposition claims

In the context of the defence to void disposition claims set out in Section 284(4) IA 1986, the court has held that there is no requirement for the “value” to have been received by the bankrupt or his estate. A payment would be made “for value” provided that its receipt was not gratuitous.

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2 min read

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