EAD Solicitors and Ors v Abrams: Equality for all “Persons?” – Cloisters

‘Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 .’

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Cloisters, 29th September 2015

Source: www.cloisters.com

Putting the cab into the cab-rank rule: BSB fines barrister over taxi firm conviction – Legal Futures

Posted October 7th, 2015 in barristers, company directors, fines, licensing, news, professional conduct, taxis by sally

‘A barrister convicted by a magistrates’ court of failing to get licenses for his taxi firm has been fined £600 by the Bar Standards Board (BSB).’

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Legal Futures, 7th October 2015

Source: www.legalfutures.co.uk

‘National living wage’ dodgers face higher penalties – The Guardian

Posted September 1st, 2015 in company directors, disqualification, employment, fines, news, penalties, remuneration by sally

‘Employers who fail to pay the new “national living wage” face increased fines under a crackdown on non-compliance announced by David Cameron.’

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The Guardian, 1st September 2015

Source: www.guardian.co.uk

High Court: up to directors to prove they took ‘every step’ to minimise potential loss to creditors – OUT-LAW.com

Posted August 10th, 2015 in bankruptcy, company directors, fraud, insolvency, interpretation, liquidators, news by sally

‘It is up to the directors of an insolvent company to prove that they took “every step” to minimise the potential loss to creditors as soon as they knew that the company could not reasonably avoid liquidation, the High Court has confirmed.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Blacklisted workers seek to prise open secrets of covert police surveillance – The Guardian

‘Blacklisted workers have intensified their campaign to uncover the extent of secret police surveillance operations against them.’

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The Guardian, 28th May 2015

Source: www.guardian.co.uk

How to stop your business leaving the building… – Technology Law Update

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

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Technology Law Update, 27th May 2015

Source: www.technology-law-blog.co.uk

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) – Supreme Court

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) [2015] UKSC 23 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) [2015] UKSC 23; [2015] WLR (D) 182

‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ conduct cannot be attributed to the company in the context of its claim for a breach of the directors’ duties. Section 213 of the Insolvency Act 1986 has extra territorial effect and can be invoked against the directors.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers

Posted April 30th, 2015 in company directors, competition, damages, employment, fines, news, penalties by sally

‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’

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Competition Bulletin from Blackstone Chambers, 29th April 2015

Source: www.competitionbulletin.com

In re Melodious Corpn; Pui-Kwan v Kam-Ho and others – WLR Daily

Posted April 8th, 2015 in administrators, company directors, insolvency, law reports by sally

In re Melodious Corpn; Pui-Kwan v Kam-Ho and others [2015] EWHC 621 (Ch); [2015] WLR (D) 162

‘Rule 7.55 of the Insolvency Rules 1986 had no application in circumstances where a meeting of the board of directors of the company purporting to place the company into administration out of court pursuant to paragraph 22(2) of Schedule B1 to the Insolvency Act 1986 was inquorate and accordingly the resolution to appoint an administrator was invalid.’

WLR Daily, 10th March 2015

Source: www.iclr.co.uk

Director loses appeal against FCA fine and ban in conflict of interest case – OUT-LAW.com

‘A non-executive director who failed to declare a conflict of interest has lost her appeal against the Financial Conduct Authority (FCA), which had fined her £154,800 and banned her from holding a regulated financial services role.’

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OUT-LAW.com, 13th January 2015

Source: www.out-law.com

Chickens coming home to roost: SFO’s first conviction of a company for bribery after contested trial – RPC Financial Services Blog

Posted January 8th, 2015 in bribery, company directors, corruption, news, Serious Fraud Office by sally

‘Hot on the heels of the SFO’s first conviction under the Bribery Act 2010, discussed in George’s post, and just as some of us were disappearing for a Christmas break, the SFO announced its first conviction of a company for bribery of foreign public officials after a contested trial. (Regular SFO-watchers will recall that in Mabey & Johnson (2009) and Innospec (2010), both companies pleaded guilty by agreement to offences involving bribery of foreign public officials.) This prosecution was not in fact under the much-trumpeted Bribery Act 2010, but under s1 of the Prevention of Corruption Act 1906.’

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RPC Financial Services Blog, 7th January 2015

Source: www.rpc.co.uk

Cellino and Leeds United in Troubled Waters – Sports Law Bulletin from Blackstone Chambers

Posted December 4th, 2014 in company directors, criminal records, disqualification, news, sport, tax evasion by sally

‘The Football League finally got their man. But is it too late? Will Massimo Cellino and Leeds United yet sail off into the clear blue sea?’

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Sports Law Bulletin from Blackstone Chambers, 3rd December 2014

Source: www.sportslawbulletin.org

Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

FCA fines and bans senior Swinton management figures over sales culture failings – OUT-LAW.com

Posted November 11th, 2014 in company directors, financial regulation, fines, insurance, news by tracey

‘The former chief executive, finance director and marketing director at a UK insurance provider have been served with fines by the Financial Conduct Authority (FCA) and banned from taking senior positions at other financial services companies in the future.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

White collar crime reform considered – Law Society’s Gazette

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Tesco to be probed by Financial Conduct Authority – BBC News

Posted October 1st, 2014 in accountants, accounts, company directors, financial regulation, markets, news by tracey

‘Tesco says it has been notified by the Financial Conduct Authority (FCA) that it is under investigation following its admission last week that it overstated its half-year profit guidance by £250m.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk

NHS heart expert and three colleagues jailed for £1m fraud – Daily Telegraph

Posted September 4th, 2014 in company directors, conspiracy, disqualification, fraud, health, news, sentencing by sally

‘John Mulholland who has an international reputation and is published widely in academic journals, billed the NHS £1.1 million for work that was never done.’

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Daily Telegraph, 3rd September 2014

Source: www.telegraph.co.uk

Richmond Pharmacology Ltd v Chester Overseas Ltd and others – WLR Daily

Richmond Pharmacology Ltd v Chester Overseas Ltd and others [2014] EWHC 2692 (Ch); [2014] WLR (D) 365

‘The test of whether there was a breach of the duty under section 175 of the Companies Act 2006 was objective, and did not depend on whether the director was aware that what he was doing was a breach of his duty. It was no defence to a claim for breach of this duty that the director had acted in good faith. Nor was it a defence that the director had acted reasonably, but wrongly, had thought that he had been entitled to do what he had done.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Smithton Ltd v Naggar – WLR Daily

Posted July 15th, 2014 in appeals, company directors, law reports by tracey

Smithton Ltd v Naggar; [2014] EWCA Civ 939; [2014] WLR (D) 306

‘The Court of Appeal set out points of general practical importance in determining whether a person was a de facto director.’

WLR Dail, 10th July 2014

Source: www.iclr.co.uk