2 March 2021 Insight Recognition of foreign insolvency proceedings The court recognised a Brazilian procedure which involved extending a bankruptcy to two further companies and pooling their assets. Bookmark this page 2 min read
2 March 2021 Insight Huge relief for Norton Motorcycles’ administrators The court held that a failure of a secured lender to give notice to a prior ranking floating charge holder, which it knew nothing about, did not invalidate the administrators’ appointment. Bookmark this page 2 min read
2 March 2021 Insight Integrated Care Systems and the NHS White Paper Rhian Vandrill outlines six of the standout issues as the Government embarks on legislative reform of the NHS and social care as proposed in its recent White Paper. The Government plans to begin implementation of these proposals for health and care reform in 2022. Bookmark this page 4 min read
1 March 2021 Insight Taxation in the construction industry - 2021 diary dates and beyond It looks like 2021 is going to be a busy year for taxation changes affecting the construction industry. Here are some of the highlights: Bookmark this page 4 min read
1 March 2021 Insight Talking HEds: Is the University Campus dead? Our two vlog series Talking HEds and ReEducation join forces to discuss the big question - is the University Campus dead? Bookmark this page 1 min read
26 February 2021 Insight Part II: Will criminal prosecutions follow the health sector response to the coronavirus pandemic? Samuel Lindsay and Duncan Astill revisit earlier discussion about whether healthcare professionals should be concerned about criminal prosecutions in light of the current pandemic and the Government’s decision not to consider a new statutory defence. Bookmark this page 2 min read
25 February 2021 Insight Could 3D printing provide the solution to Britain’s housing crisis? Faced with concerns that the government is at risk of failing to meets it annual 300,000 new home target by the mid-2020s, 3D printing could provide the solution to Britain’s housing crisis? Bookmark this page 2 min read
24 February 2021 Insight The latest update on cladding The Government recently announced further measures to tackle the issue of unsafe cladding – a new tax and levy on developers and more support for leaseholders. There is not a huge amount of detail at this stage, which of course leads to many questions... Bookmark this page 4 min read
23 February 2021 Insight When charity reserves run low Charity reserves: what they are, how they can be used, what to do if the amount of reserves differs from that specified in the reserve policy, and when to seek professional advice. Bookmark this page 1 min read
20 February 2021 Insight Ban on the sale of vehicles with petrol and diesel engines – has it been thought through? The recent announcement by the government that it intended to bring forward the ban on the sale of internal combustion engine (“ICE”) and hybrid vehicles to 2035 has raised a number of questions about how this change will impact on our everyday lives which have yet to be answered. Bookmark this page 2 min read
18 February 2021 Insight Can GAFTA terms be implied to provide a party with the bite of arbitration? Lessons learned from Black Sea Commodities Ltd v Lemarc Agromond PTE Ltd. In a rare case of a party successfully challenging an arbitration award under s67 Arbitration Act 1996, the English High Court considered the question of whether a GAFTA arbitration clause can be implied into an agreement between parties by market practice and custom. Bookmark this page 3 min read
10 February 2021 Insight Talking IP - tackling online infringement From kitchenware embodying the Joseph Joseph® philosophy of “Brilliantly Useful Design” to examination certificates verifying academic attainment - you can find them all for sale on the internet. Bookmark this page 4 min read
10 February 2021 Insight Coronavirus Workplace testing for COVID: FAQs In the light of the recent expansion of the Government’s support for workplace testing, we address some common questions employers ask us. Bookmark this page 3 min read
5 February 2021 Insight Administration – invalidity of QFC appointment by junior creditor Junior creditor’s appointment of an administrator was invalid where they had not first obtained the consent of the senior creditor as required by the deed of priority – the defect was not an irregularity that could be cured. Bookmark this page 2 min read
5 February 2021 Insight When will a public examination be ordered? A “useful purpose” needs to be established for a court to order a public examination of an alleged de facto director of a company in liquidation. Bookmark this page 2 min read
5 February 2021 Insight Lying director disqualified for 10 years The High Court considered the conduct of a de facto director in a company thought to be involved in MTIC fraud as being in middle bracket of Re Sevenoaks Stationers (Retail) Limited. Bookmark this page 2 min read
5 February 2021 Insight Lenders rejoice! Contingent liabilities protected The administrators of a limited liability partnership sought directions as to whether a lender remained a secured creditor of the partnership despite the principal sum lent having been repaid. Bookmark this page 2 min read
5 February 2021 Insight Pursuing the third way The Court granted administrators permission to distribute to unsecured creditors, pursuing the third objective, even if that distribution may not have been greater than it would have been in a liquidation. Bookmark this page 2 min read
5 February 2021 Insight Standing to challenge decisions of office holder This case is concerned with the standing required to found a challenge to the acts and decisions of trustees in bankruptcy and liquidators under sections 303(1) and 168(5) Insolvency Act 1986 respectively and is helpful for office holders dealing with bidders and purchasers with no other connection to the insolvent estate. Bookmark this page 2 min read
5 February 2021 Insight Court unable to grant supporting creditor carriage of petition Where a petition debt had been paid off by third parties, the court was precluded from ordering a change of carriage of the petition in favour of the supporting creditor and from making a bankruptcy order. Bookmark this page 1 min read