‘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.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
OUT-LAW.com, 4th March 2022
Source: www.pinsentmasons.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.’
OUT-LAW.com, 3rd March 2022
Source: www.pinsentmasons.com
‘This briefing discusses the circumstances in which corporates can commit crimes in England and Wales, setting out recent developments and proposals for reform.’
House of Commons Library, 9th February 2022
Source: commonslibrary.parliament.uk
‘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.’
Nearly Legal, 26th January 2022
Source: nearlylegal.co.uk
‘A High Court master has made the first ever order for compulsory alternative dispute resolution (ADR) in commercial litigation, according to a City litigator.’
Legal Futures, 15th December 2021
Source: www.legalfutures.co.uk
‘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.’
Local Government Lawyer, 3rd December 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Bloomsbury Professional Law Online Blog, 22nd November 2021
Source: law.bloomsburyprofessional.com
‘Lord Leggatt, What is the point of commercial law?’
Supreme court, 2nd November 2021
Source: www.supremecourt.uk
‘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.’
3PB, 15th October 2021
Source: www.3pb.co.uk
‘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.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
‘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.’
UKSC Blog, 27th October 2021
Source: ukscblog.com
‘Some large UK businesses will have to start disclosing their environmental impact, under new rules set to be brought in by the Treasury.’
BBC News, 18th October 2021
Source: www.bbc.co.uk
‘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”.’
Legal Futures, 28th September 2021
Source: www.legalfutures.co.uk
‘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.’
Bloomsbury Professional Law Online Blog, 4th August 2021
Source: law.bloomsburyprofessional.com
‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’
Parklane Plowden Chambers, 21st July 2021
Source: www.parklaneplowden.co.uk
‘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.’
Law Society's Gazette, 26th July 2021
Source: www.lawgazette.co.uk
‘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.’
The Guardian, 4th July 2021
Source: www.theguardian.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.’
OUT-LAW.com, 22nd June 2021
Source: www.pinsentmasons.com
‘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.’
The Independent, 17th June 2021
Source: www.independent.co.uk
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