‘Businesses should carry out fraud risk assessments in line with the requirements of the Economic Crime and Corporate Transparency Act ahead of final UK government guidance concerning the “reasonable procedures” fraud prevention defence, an expert has said.’
OUT-LAW.com, 10th May 2024
Source: www.pinsentmasons.com
‘The UK Government is reforming Companies House and the company registration regime in the UK. This briefing looks at the company regime and the ongoing reforms.’
House of Commons Library, 3rd May 2024
Source: commonslibrary.parliament.uk
‘David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?
Published in the journal International Corporate Rescue, it discusses the statutory tests applicable when an administrator of a company seeks to make a substantial disposal during the first eight weeks of an administration under the Insolvency Act 1986.’
Wilberforce Chambers, 29th April 2024
Source: www.wilberforce.co.uk
‘When a company becomes insolvent, particularly if it is a large company, this will often mean that there will be a large-scale redundancy process. The requirements of the process can be technical, but there is a list of obligations that must be adhered and these are set out within the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992).’
Legal Studies, 19th April 2024
Source: www.cambridge.org
‘ClientTEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’
Francis Taylor Building, 21st March 2024
Source: www.ftbchambers.co.uk
‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’
Gatehouse Chambers, 7th March 2024
Source: gatehouselaw.co.uk
‘For many years, companies have been selling or promoting products under claims that they have high ethical, social and governance (ESG) and/or sustainability credentials. In many cases, these claims are accurate and can help in the ongoing efforts to create a more sustainable society. In other cases, however, ESG claims can be overstated or even false – this is greenwashing.’
Kingsley Napley Criminal Law Blog, 16th April 2024
Source: www.kingsleynapley.co.uk
‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’
Pensions Barrister, 18th April 2024
Source: www.pensionsbarrister.com
‘ClientEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
The Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
‘Section 2 of the Compensation Act 2006 (Apologies, offers of treatment or other redress) was enacted to make it easier for organisations to apologise for their actions without admitting civil liability: it reads, “An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty”.’
Law & Religion UK, 10th April 2024
Source: lawandreligionuk.com
‘The law could be updated to make it easier for organisations to offer sincere apologies to those who have been wronged following the launch of a government consultation today (8 April 2024).’
Ministry of Justice, 8th April 2024
Source: www.gov.uk
‘Cost, space and contamination are some of the worries facing business owners as a new workplace recycling law comes into force across Wales.’
BBC News, 4th April 2024
Source: www.bbc.co.uk
‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’
Blackstone Chambers, 9th February 2024
Source: www.blackstonechambers.com
‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’
Gatehouse Chambers, 5th February 2024
Source: gatehouselaw.co.uk
‘The UK business of the fast-fashion company Shein has failed to disclose its ultimate ownership, a breach of company law that could disrupt the firm’s reported plans to consider listing in the UK.’
The Guardian, 6th March 2024
Source: www.theguardian.com
‘New powers for Companies House to query information and to require companies to give legitimate addresses come in to force under the Economic Crime and Corporate Transparency Act 2023 today. The new regime, aimed at curbing misues of the companies register, will also for the first time require people setting up companies to state that the business’ activities will be lawful.’
Law Society's Gazette, 4th March 2024
Source: www.lawgazette.co.uk
‘The Lord Chancellor, Alex Chalk, will introduce a new law to make it easier for members of the public to secure the financial backing of third parties when launching complex claims against moneyed corporations with sizeable legal teams which they could otherwise ill-afford.’
Ministry of Justice, 4th March 2024
Source: www.gov.uk
‘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.’
Crown Prosecution Service, 15th February 2024
Source: www.cps.gov.uk
‘Rules to prevent companies taking private prosecutions in the way the Post Office went after innocent post office operators are being considered by the government.’
The Guardian, January 2024
Source: www.theguardian.com
© Inner Temple Library 2024