Category: company law

Economic Crime and Corporate Transparency Act completes its passage through parliament – Law Society’s Gazette

Posted October 27th, 2023 in company law, fraud, news by sally

‘Expert legal commentators appear to be divided over the impact of the Economic Crime and Corporate Transparency Act, which received royal assent today. The House of Lords nodded through the measure, after months of parliamentary back-and-forth, hours after the government rejected amendments which their backers said would close gaping loopholes.’

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Law Society's Gazette, 26th October 2023

Source: www.lawgazette.co.uk

ESG for Employers – Kingsley Napley

Posted October 9th, 2023 in chambers articles, company law, employment, environmental health, environmental protection, health & safety, news by sally

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

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Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

Emphasis on sanctions compliance legal advice record-keeping under new licence – OUT-LAW.com

Posted August 23rd, 2023 in company law, government departments, legal advice, legal profession, news, Russia, sanctions, Ukraine, war by sally

‘The UK government has granted a general licence to enable UK lawyers to provide legal advice to non-UK individuals and businesses in relation to their compliance with international sanctions on Russia, without breaching UK sanctions regulations themselves.’

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OUT-LAW.com, 22nd August 2023

Source: www.pinsentmasons.com

The UK Bribery Act 2010: principles, offences and penalties – OUT-LAW.com

Posted August 21st, 2023 in bribery, company law, news by sally

‘The Bribery Act 2010 (the Act) came into force in April 2011, overhauling UK anti-bribery legislation.’

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OUT-LAW.com, 18th August 2023

Source: www.pinsentmasons.com

A practical guide to unfair prejudice petitions – St John’s Chambers

Posted August 1st, 2023 in chambers articles, company law, news, shareholders, unfair commercial practices by sally

‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’

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St John's Chambers, 3rd July 2023

Source: www.stjohnschambers.co.uk

Court rules that genuine attempt to restructure did not put assets beyond reach of creditors – OUT-LAW.com

Posted June 21st, 2023 in company law, fraud, insolvency, news, winding up by sally

‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

Law Commission invited to review legislation on co-operatives and friendly societies – Law Commission

Posted June 21st, 2023 in company law, Law Commission, news by sally

‘The Law Commission has today been invited by the Treasury to undertake two projects to review the legal frameworks governing co-operatives and community benefit societies, and friendly societies.’

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Law Commission, 16th June 2023

Source: www.lawcom.gov.uk

UK watchdog plans to shake up stock listing rules – BBC News

Posted May 3rd, 2023 in company law, financial regulation, financial services ombudsman, news, shareholders by sally

‘The UK’s financial watchdog has announced plans to shake up its rules in a bid to attract more companies to list shares on UK stock markets.’

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BBC News, 3rd May 2023

Source: www.bbc.co.uk

New regulations published regarding UK’s Register of Overseas Entities – Local Government Lawyer

Posted April 21st, 2023 in company directors, company law, disclosure, local government, news by sally

‘New regulations have been published that extend the ability of Companies House to disclose information contained on the UK’s Register of Overseas Entities (ROE) to certain government or independent enforcement agencies, writes Sophie Alexander.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

‘Failure to prevent’ fraud offence to apply in UK to large organisations – OUT-LAW.com

Posted April 14th, 2023 in bills, chambers articles, company law, crime prevention, fraud, news, statutory duty by sally

‘A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.’

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OUT-LAW.com, 12th April 2023

Source: www.pinsentmasons.com

Unfair prejudice claim in a long-standing rags to riches family dispute has failed (Pickering v Hughes and ors) – Gatehouse Chambers

Posted April 12th, 2023 in administrators, chambers articles, company law, dispute resolution, news, unfairly prejudicial conduct by sally

‘Dispute Resolution analysis: Following a liability trial, an unfair prejudice petition under section 994 of the Companies Act 2006 has been dismissed. None of the alleged instances of unfair prejudice directed against the Respondents was made out.’

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Gatehouse Chambers, 23rd March 2023

Source: gatehouselaw.co.uk

Watchdog to block shareholder payouts if UK water companies miss targets – The Guardian

Posted March 20th, 2023 in company law, dividends, environmental health, environmental protection, news, ombudsmen, shareholders, water by sally

‘The UK water regulator is to use new powers to block companies from shareholder payouts if they fail to hit performance and environmental targets.’

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The Guardian, 20th March 2023

Source: www.theguardian.com

Allegations of sexual misconduct in the workplace: innocent until proven ‘guilty’? – Kingsley Napley Employment Law Blog

Posted March 15th, 2023 in chambers articles, company directors, company law, disciplinary procedures, employment, news, sexual offences by sally

‘This week Tony Danker stepped down from his role as director general of the Confederation of British Industry (CBI) while an independent investigation into allegations of sexual misconduct takes place.’

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Kingsley Napley Employment Law Blog, 13th March 2023

Source: www.kingsleynapley.co.uk

Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog

Posted March 8th, 2023 in appeals, civil justice, company directors, company law, intellectual property, news, strict liability, Supreme Court, trade marks by sally

‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Case Preview: R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor – UKSC Blog

Posted March 3rd, 2023 in administrators, appeals, company directors, company law, employment, insolvency, news, redundancy, Supreme Court, trade unions by sally

‘In this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

English law can accommodate blockchain share-dealing – Law Society’s Gazette

Posted February 24th, 2023 in company law, cryptocurrencies, news, shareholders by sally

‘Requirements under the Companies Act are not necessarily a barrier to company shares being held and traded on a blockchain of encrypted digital code, according to a government-backed panel of experts. In its latest statement of the law relating to innovations in the crypto economy, the UK Jurisdiction Taskforce concludes that English law is well equipped to deal with digital securities such as bonds and shares.’

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Law Society's Gazette, 22nd February 2023

Source: www.lawgazette.co.uk

Case Preview: Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited – UKSC Blog

Posted February 10th, 2023 in appeals, company directors, company law, employment, HM Revenue & Customs, income tax, news, Supreme Court, taxation by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the decision awaited from the Supreme Court in Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Limited. The appeal was heard by the Supreme Court on 7 February 2023.’

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UKSC Blog, 9th February 2023

Source: ukscblog.com

Shell directors personally sued over ‘flawed’ climate strategy – The Guardian

Posted February 9th, 2023 in climate change, company directors, company law, energy, news by sally

‘The directors of oil major Shell are being personally sued over their climate strategy, which the claimants say is inadequate to meet climate targets and puts the company at risk as the world switches to clean energy.’

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The Guardian, 9th February 2023

Source: www.theguardian.com

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

Posted January 9th, 2023 in breach of trust, chambers articles, climate change, company directors, company law, costs, equality, news, pensions, universities by sally

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Covid loans secrecy is in the public interest, tribunal rules – Law Society’s Gazette

Posted January 9th, 2023 in anonymity, appeals, company law, coronavirus, fraud, government departments, loans, news, public interest by sally

‘The public interest in preventing prejudice to commercial interests trumps the public interest in publishing details of recipients of emergency Covid loans, the First Tier Tribunal has ruled. In Spotlight on Corrupton & Anor v The Information Commissioner & The British Business Bank, tribunal judge Sophie Buckley rejected two appeals against the information commissioner’s decision not to require the British Business Bank to identify all the businesses that had taken out loans under four government schemes during the pandemic.’

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Law Society’s Gazette, 6th January 2023

Source: www.lawgazette.co.uk