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?’

Full speech

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

New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted October 28th, 2021 in appeals, arbitration, company law, food, news, Supreme Court by sally

‘The Appellant, a Lebanese company, entered into a Franchise Development Agreement with a Kuwaiti company, granting a licence to operate its restaurant franchise in Kuwait for ten years. In 2005, the company became a subsidiary of the Respondent. A dispute arose under the FDA and linked Franchise Agreements, which was referred to arbitration.’

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UKSC Blog, 27th October 2021

Source: ukscblog.com

UK firms will have to disclose climate impact – BBC News

Posted October 19th, 2021 in climate change, company law, disclosure, environmental protection, news by tracey

‘Some large UK businesses will have to start disclosing their environmental impact, under new rules set to be brought in by the Treasury.’

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BBC News, 18th October 2021

Source: www.bbc.co.uk

Giving evidence “not a game”, judge tells expert witness – Legal Futures

Posted September 28th, 2021 in accounts, company law, expert witnesses, insolvency, news by sally

‘An expert witness has apologised to the High Court after being told by a judge not to treat giving evidence in court “as a game”.’

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Legal Futures, 28th September 2021

Source: www.legalfutures.co.uk

Company Law: What happens on the death of a shareholder? – Bloomsbury Professional Law Online Blog

Posted August 5th, 2021 in company law, executors, inheritance tax, news, shareholders by sally

‘According to the office of national statistics, sole proprietor businesses and partnerships are decreasing and the use of private limited companies is increasing. 72.5% of total UK businesses are either private or public limited companies – London remains the region with the largest number of such businesses with 19.2% of the UK total.’

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Bloomsbury Professional Law Online Blog, 4th August 2021

Source: law.bloomsburyprofessional.com

The rise of ‘fire and rehire’ strategies in retail – Parklane Plowden Chambers

Posted July 29th, 2021 in chambers articles, company law, coronavirus, employment, news by sally

‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’

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Parklane Plowden Chambers, 21st July 2021

Source: www.parklaneplowden.co.uk

‘Breathing space’ on contractual disputes – Law Society’s Gazette

‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’

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Law Society's Gazette, 26th July 2021

Source: www.lawgazette.co.uk

Rights groups join forces to call for UK corporate accountability laws – The Guardian

Posted July 5th, 2021 in company law, environmental protection, human rights, news by tracey

‘Almost 30 organisations have joined forces to call for the UK to follow in the footsteps of its European partners by introducing corporate accountability laws requiring companies to undertake human rights and environmental due diligence across their supply chains.’

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The Guardian, 4th July 2021

Source: www.theguardian.com

UK legislation proposed to tackle modern slavery – OUT-LAW.com

‘A private members’ bill seeking to address modern slavery, including establishing minimum standards of transparency in supply chains, has been introduced to the UK parliament.’

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OUT-LAW.com, 22nd June 2021

Source: www.pinsentmasons.com

Giving staff legal right to work from home will ‘cause corporate chaos’, businesses warn – The Independent

‘Businesses have warned Boris Johnson’s government that any attempt to give employees the legal right to work from home would cause “chaos” in offices across the country.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Law Commission seek views on corporate criminal liability – Law Commission

‘The Law Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.’

Full press release

Law Commission, 9th June 2021

Source: www.lawcom.gov.uk/

Court sanctions Part 26A restructuring plan – Mills & Reeve

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com