Company fined £450,000 and director and site manager sentenced following death of labourer – Crown Prosecution Service

‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’

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Crown Prosecution Service, 15th February 2024

Source: www.cps.gov.uk

Water bosses in England and Wales face bonus bans for illegal sewage discharges – The Guardian

‘Ministers are to ban bonuses for water company bosses in England and Wales who fail to prevent illegal sewage spills that pollute rivers, lakes and seas.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

Research Briefing: Football governance – time for change? – House of Commons Library

Posted February 7th, 2024 in company directors, news, parliament, sport by tracey

‘This Briefing looks at plans to legislate for an independent regulator for English football.’

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House of Commons Library , 6th February 2024

Source: commonslibrary.parliament.uk

Pizza boss banned for hiring two illegal workers – BBC News

Posted January 30th, 2024 in company directors, disqualification, employment, fines, immigration, news by tracey

‘A pizzeria owner from Cumbria who hired two illegal workers has been banned from being a company director for six years.’

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BBC News, 30th January 2024

Source: www.bbc.co.uk

Were lawyers complicit in Post Office’s corporate governance failures? – Legal Futures

‘A solicitor who acted for three wrongly convicted sub-postmasters has questioned whether lawyers advising the Post Office’s board were more motivated by continuing the retainers than giving proper guidance.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

Managing corporate crime risk under the Economic Crime and Corporate Transparency Act 2023 – OUT-LAW.com

Posted December 11th, 2023 in company directors, company law, fraud, news by tracey

‘The UK’s Economic Crime and Corporate Transparency Act 2023 (the Act) has reformed the law of corporate criminal attribution for a wide range of economic crimes and introduced a new offence of corporate failure to prevent economic crimes.’

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OUT-LAW.com, 8th December 2023

Source: www.pinsentmasons.com

High Court strikes out top footballer’s negligence claim against law firm – Legal Futures

Posted December 4th, 2023 in causation, company directors, damages, law firms, loans, negligence, news by tracey

‘The High Court has struck out a £6m negligence claim brought by a former Premier League footballer against City firm Charles Russell Speechleys (CRS).’

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Legal Futures, 4th December 2023

Source: www.legalfutures.co.uk

Patisserie Valerie fraud trial will not start until 2026, court told – The Guardian

Posted November 8th, 2023 in company directors, fraud, news, trials by sally

‘The fraud trial of former employees of the collapsed bakery chain Patisserie Valerie will not take place for another two and a half years, a court has heard.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Disabled law firm director was unfairly dismissed, tribunal rules – Legal Futures

‘A disabled director of leading legal aid firm Duncan Lewis was unfairly dismissed over absences from work and his failure to report them, an employment tribunal has ruled.’

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Legal Futures, 31st October 2023

Source: www.legalfutures.co.uk

New Act – legislation.gov.uk

Posted October 30th, 2023 in company directors, company law, corruption, fraud, legislation, money laundering by tracey

2023 c. 56 – Economic Crime and Corporate Transparency Act 2023

Robust new laws to fight corruption, money laundering and fraud – Home Office

‘The Economic Crime and Corporate Transparency Act received Royal Assent on Thursday 26 October.’

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Home Office, 26th October 2023

Source: www.gov.uk

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’

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Gatehouse Chambers, 25th July 2023

Source: gatehouselaw.co.uk

ClientEarth loses high court fight with Shell over climate strategy – The Guardian

Posted July 25th, 2023 in charities, climate change, company directors, energy, news by sally

‘An environmental law charity has lost an attempt to revive a lawsuit against Shell over its climate strategy after the high court in London refused permission to bring a case against the energy company.’

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The Guardian, 24th July 2023

Source: www.theguardian.com

Former boss of a City of London foreign exchange company jailed for an around £70m fraud – Crown Prosecution Service

‘The former director of a finance company, based in the City of London, has been imprisoned today (9 June 2023) of being responsible for an around £70m investment fraud, which stole money from members of the public.’

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Crown Prosecution Service, 9th June 2023

Source: www.cps.gov.uk

Company directors jailed after wall collapse killed five workers in Birmingham – The Guardian

Posted May 16th, 2023 in company directors, fines, health & safety, imprisonment, news, sentencing by sally

‘Two company directors have been jailed for nine months after five workers died when a wall collapsed at a scrap metal recycling plant in Birmingham.’

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The Guardian, 15th May 2023

Source: www.theguardian.com

New regulations published regarding UK’s Register of Overseas Entities – Local Government Lawyer

Posted April 21st, 2023 in company directors, company law, disclosure, local government, news by tracey

‘New regulations have been published that extend the ability of Companies House to disclose information contained on the UK’s Register of Overseas Entities (ROE) to certain government or independent enforcement agencies, writes Sophie Alexander.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

Directors Accountability and Burdens of Proof – New Square Chambers

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

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New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

Allegations of sexual misconduct in the workplace: innocent until proven ‘guilty’? – Kingsley Napley Employment Law Blog

‘This week Tony Danker stepped down from his role as director general of the Confederation of British Industry (CBI) while an independent investigation into allegations of sexual misconduct takes place.’

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Kingsley Napley Employment Law Blog, 13th March 2023

Source: www.kingsleynapley.co.uk