Whose knowledge counts? Singularis v. Daiwa and Attribution – 4 New Square

Posted November 20th, 2019 in agency, company directors, company law, duty of care, fraud, news, Supreme Court by sally

‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’

Full Story

4 New Square, 6th November 2019

Source: www.4newsquare.com

Boss jailed after racially abusing and defrauding security guard staff – The Independent

‘A company boss who racially abused workers when they complained about not being paid has been jailed for defrauding staff out of almost £60,000.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Tribunal lifts practising controls from ABS accountant – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has lifted practising restrictions on a finance director who was sanctioned less than three years ago, over the objections of the Solicitors Regulation Authority (SRA).’

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Legal Futures, 11th November 2019

Source: www.legalfutures.co.uk

A Summary Of Recent Corporate Insolvency Cases – Hardwicke Chambers

‘Phillip Patterson provides a summary of recent corporate insolvency cases covering:

– Fraudulent trading;
– Misfeasance, transactions defrauding creditors and the duties of directors; and
– The out of court appointment of administrators.’

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Hardwicke Chambers, 9th October 2019

Source: hardwicke.co.uk

Boss of bogus law firm disqualified as director – Legal Futures

‘The head of a bogus solicitors’ firm has received a 10-year director’s disqualification for running the business with a total lack of integrity.’

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Legal Futures, 24th October 2019

Source: www.legalfutures.co.uk

MPs announce inquiry into Thomas Cook collapse – The Guardian

Posted September 27th, 2019 in auditors, company directors, holidays, inquiries, insolvency, news, select committees by tracey

‘MPs are to hold an inquiry into the role of “corporate greed” in the collapse of Thomas Cook, focusing on directors’ stewardship of the company, how much they were paid and how its accounts were prepared and signed off by auditors.’

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The Guardian, 26th September 2019

Source: www.theguardian.com

Lord Sales at the Anglo-Australasian Law Society, Sydney – Supreme Court

Posted September 6th, 2019 in climate change, company directors, environmental protection, speeches by tracey

‘Directors’ duties and climate change: Keeping pace with environmental challenges.’

Full speech

Supreme Court, 27th August 2019

Source: www.supremecourt.uk

Shareholder Disputes in Sport – 4 New Square

‘As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.’

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4 New Square, 24th July 2019

Source: www.4newsquare.com

Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com

‘he High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai.’

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OUT-LAW.com, 24th July 2019

Source: www.pinsentmasons.com

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers

Posted July 3rd, 2019 in company directors, expenses, freezing injunctions, news, undertakings by sally

‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’

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Hardwicke Chambers, 27th June 2019

Source: hardwicke.co.uk

Guidelines “preserve GCs’ independence amidst corporate tension” – Legal Futures

‘Comprehensive guidelines to boost the roles of, and relationships between, in-house lawyers (IHLs) and non-executive directors (NEDs), have been drawn up in the hope of minimising the chances of an ethical lapse damaging both the companies they serve and the public interest.’

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Legal Futures, 28th June 2019

Source: www.legalfutures.co.uk

Ex-financial adviser jailed for £740k fraud – BBC News

‘A former financial adviser who conned his clients out of nearly £750,000 has been jailed for more than 10 years.’

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BBC News, 5th June 2019

Source: www.bbc.co.uk

Airport parking boss jailed for dumping cars in muddy fields – Daily Telegraph

Posted April 12th, 2019 in airports, company directors, consumer protection, fraud, news, parking by sally

‘In airport parking scammer has been sent to prison in one of the first cases of its kind after he made £1.4million leaving holidaymakers’ cars in muddy fields with keys in the window.’

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Daily Telegraph, 10th April 2019

Source: www.telegraph.co.uk

Slag Ltd – the businesses that are too rude for Companies House – The Guardian

Posted March 13th, 2019 in company directors, freedom of expression, names, news by sally

‘The UK registrar banned 87 companies for their risque names last year – but did any expletive-laden monikers make it through?’

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The Guardian, 11th March 2019

Source: www.theguardian.com

Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

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Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

Defined penalties gives Pensions Regulator powers to protect defined benefit schemes – Doughty Street Chambers

Work and Pensions Secretary Amber Rudd MP has announced that the government will introduce two new criminal offences to penalise the mismanagement of pension schemes.

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Doughty Street Chambers, 11th February 2019

Source: insights.doughtystreet.co.uk

Seven-year jail terms unveiled for pension fund mismanagement – The Guardian

Posted February 11th, 2019 in company directors, news, pensions, professional conduct, sentencing by tracey

‘MPs and pension experts have welcomed government plans to introduce lengthy jail sentences for executives who recklessly mismanage pension funds, in an effort to avoid a repeat of recent scandals like BHS or Carillion.’

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The Guardian, 10th February 2019

Source: www.theguardian.com

Howard Grossman: Northampton Town ‘missing millions’ developer banned – BBC News

Posted February 5th, 2019 in accounts, company directors, fiduciary duty, insolvency, loans, news, sport by tracey

‘A property developer has been banned from running companies for 10 years after failing to provide accounting records to explain more than £5m missing from a football club loan.’

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BBC News, 5th February 2019

Source: www.bbc.co.uk

Review calls for new powers for corporate governance regulator – OUT-LAW.com

Posted December 20th, 2018 in company directors, financial regulation, news, ombudsmen by tracey

‘The UK needs a new corporate governance regulator, with a new mandate and enhanced powers to hold company directors to account, an independent review has concluded.’

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OUT-LAW.com, 20th December 2018

Source: www.out-law.com

Director liability for nuisance calls introduced – OUT-LAW.com

Posted December 18th, 2018 in company directors, news, nuisance, telecommunications by sally

‘Company directors in the UK can now be fined up to £500,000 if their businesses engage in unsolicited marketing activity.’

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OUT-LAW.com, 17th December 2018

Source: www.out-law.com