English courts increasingly grappling with complex crypto disputes – OUT-LAW.com

Posted August 5th, 2022 in company directors, company law, cryptocurrencies, dispute resolution, news by tracey

‘The English courts have adapted quickly to increasingly complex disputes involving crypto assets, a legal expert has said, following a recent ruling in a dispute over the ownership of an account worth roughly £30 million.’

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OUT-LAW.com, 5th August 2022

Source: www.pinsentmasons.com

Banned Russian oligarchs exploited UK secrecy loophole – BBC News

Posted August 4th, 2022 in anonymity, company law, money laundering, news, partnerships, Russia by tracey

‘Sanctioned Russian oligarchs from Vladimir Putin’s inner circle exploited a UK secrecy loophole left open by the government. Arkady and Boris Rotenberg – judo partners of the Russian president – used a type of company that was not required to identify its real owners.’

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BBC News, 3rd August 2022

Source: www.bbc.co.uk

Setting up a branch or subsidiary of an overseas business in the UK – EIN Blog

Posted July 4th, 2022 in company law, employment, immigration, news, visas by tracey

‘There is no specific visa requirement for anyone who wants to register a business in the UK. However, this is not the same as working for or on behalf of the business.’

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EIN Blog, 30th June 2022

Source: www.ein.org.uk

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

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Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

Goodbye greenwash! How the law is being used to force corporates to act on climate change – Mills & Reeve

‘Organisations and their leaders will increasingly face the financial and reputational consequences of climate change inaction, believes Alice Garton, director of global legal strategy at the Foundation for International Law for the Environment (FILE).’

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Mills & Reeve, 10th June 2022

Source: www.mills-reeve.com

Law Commission sets out options to Government for reforming how companies are convicted of criminal offences – Law Commission

Posted June 13th, 2022 in company directors, company law, criminal justice, Law Commission, news by tracey

‘The Law Commission has today published its options for the Government for how it can improve the law to ensure that corporations are effectively held to account for committing serious crimes.’

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Law Commission, 10th June 2022

Source: www.lawcom.gov.uk

Anti-money laundering proposals ‘uninspired and insipid’, say MPs – The Guardian

Posted June 10th, 2022 in company directors, company law, fraud, Law Commission, money laundering, news by sally

‘Law Commission proposals to make directors more accountable for economic crimes at the companies they oversee have been condemned as a “thundering disappointment”.’

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The Guardian, 10th June 2022

Source: www.theguardian.com

FCA finalises ‘comply or explain’ diversity rules for listed companies – OUT-LAW.com

Posted April 27th, 2022 in codes of practice, company law, diversity, news by sally

‘The UK’s Financial Conduct Authority (FCA) has finalised rules requiring UK listed companies to set out in their annual reports whether they have met board diversity targets.’

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OUT-LAW.com, 26th April 2022

Source: www.pinsentmasons.com

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

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Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

The director of an English mobile phone company, now in liquidation, has been held liable for both fraudulent trading and misfeasance for participation in missing trader intra-community (MTIC) VAT fraud. – OUT-LAW.com

‘The High Court upheld an application made by the liquidator of JD Group Ltd (“the company”) claiming that Deepak Bhatia, the company director, was engaged in fraudulent trading owing to knowledge that the company was associated with VAT fraud. Judge Agnello QC found that the manner in which the respective transactions were carried out provided clear evidence of this knowledge and that Bhatia’s conduct was dishonest in accordance with the objective standards of ordinary decent people.’

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OUT-LAW.com, 3rd March 2022

Source: www.pinsentmasons.com

Research Briefing: Corporate criminal liability in England and Wales – House of Commons Library

Posted February 11th, 2022 in company law, criminal justice, news, parliament, vicarious liability by tracey

‘This briefing discusses the circumstances in which corporates can commit crimes in England and Wales, setting out recent developments and proposals for reform.’

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House of Commons Library, 9th February 2022

Source: commonslibrary.parliament.uk

Company landlords and signing notices – Nearly Legal

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

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Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

High Court makes “first” compulsory ADR order in commercial case – Legal Futures

Posted December 15th, 2021 in company law, dispute resolution, Ministry of Justice, news by tracey

‘A High Court master has made the first ever order for compulsory alternative dispute resolution (ADR) in commercial litigation, according to a City litigator.’

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Legal Futures, 15th December 2021

Source: www.legalfutures.co.uk

The Commercial Rent (Coronavirus) Bill: the Code of Practice – Local Government Lawyer

‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

Lord Leggatt, What is the point of commercial law? – Supreme Court

Posted November 22nd, 2021 in company law, judges, speeches by tracey

‘Lord Leggatt, What is the point of commercial law?’

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Supreme court, 2nd November 2021

Source: www.supremecourt.uk

Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB

Posted November 3rd, 2021 in chambers articles, company law, contracts, news by sally

‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’

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3PB, 15th October 2021

Source: www.3pb.co.uk

FCA wins appeal over action on Carillion collapse – Law Society’s Gazette

Posted November 1st, 2021 in appeals, company law, financial services ombudsman, insolvency, news by tracey

‘The Financial Conduct Authority does not need the permission of the insolvency court to take regulatory action against a company in liquidation, the High Court has ruled in a case concerning the “spectacular collapse” of construction giant Carillion.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk