Corporate Manslaughter Act comes into force
A welcome and overdue piece of legislation means that it is imperative that organisations put health and safety at the forefront of their operational priorities.
| A welcome and overdue piece of legislation means that it is imperative that organisations put health and safety at the forefront of their operational priorities. |
Dawn Raids
“Dawn raids are no longer the preserve of the silver screen,” warns Anil Rajani, Partner in the Business Investigations and Governance team.
Disclosure in the electronic age
It is no longer the case that organisations can take the view that information stored on their computer systems is for their eyes only and electronic information is being used increasingly in litigation in view of the risks outlined above.
Internal fraud is your company at risk? Associated service areas
There is now a growing realisation that significant threat comes from management and employees inside organisations rather than simply from third parties.
Guide to setting up a charity
To assist those who are setting up a charity, and advise on the advantages and disadvantages of doing so.
Children and contact: glossary of terms
A useful glossary to demystify frequently used legal terms.
Major issues in childcare: A guide
A summary of issues frequently encountered by our experienced Childcare team, including abduction, adoption, care proceedings, contact and residence.
Rights to contact with grandchildren
An often forgotten consequence of a marriage breakdown is the effect that it may have on children’s contact with their extended family, especially with grandparents.
All present and correct?
Joanna Mills runs through the basic tick list for clients considering gifting assets to family.
(This article was first published in Private Client Adviser magazine)
The Construction (Design and Management) Regulations 2007
The Construction (Design and Management) Regulations 2007 (CDM 2007) came into force on 6th April 2007. They are intended to be clearer; more flexible; and place greater emphasis on communication, co-ordination, planning and management.
FAQ property questions
• A telecoms operator wants to place a mobile telecoms mast on your client’s land, he asks what rights the operator will have.
• A tenant has served notice breaking its lease but now wants to withdraw it. Can it do so?
• You are a tenant who wants to dispose of your premises but your landlord has refused consent to an assignment or sublease based on reasonable concerns about the financial strength of the incoming assignee/subtenant. An offer of additional security has not been acceptable to the landlord. Is there another way of disposing of the premises?
• Your tenant client wants to sublet its premises, but the terms agreed with the subtenant do not comply with the conditions for subletting in the lease. What can the tenant do if the landlord insists that the sublease must comply?
• Your client tenant intends to exercise a break option in its lease. The break date falls on a quarter day and is conditional on the tenant having paid all lease rents that are due. What points must your client be aware of with that condition?
VAT and Property: the Option to Tax
The aim of this note is to provide a general background to the option to tax rules and set out the operation of those rules in the context of the amendments which were introduced to the VAT Act 1994 (“VATA”) in 2008 and 2009.
Calculating limitation periods
A recent Judgment brings welcome clarification concerning the calculation of the limitation period for claims brought under section 423 of the Insolvency Act 1986.
Christmas hampers go bust
The Farepak case is a good example of how the courts can move fast in appropriate cases
Companies Act 2006 - 6th April 2008 implementation
An update on forthcoming changes.
Costs against insolvency practitioners
A reminder to insolvency practitioners to preserve their independence from both the debtor and and the creditor.
Costs awards against funders of litigation
"It's OK, we'll just wind the company up if we lose."
Eurofeed IFSC Limited
A review of Eurofood nine months on and how it it being implemented by the Courts.
Liability of banks in respect of freezing injunctions
In a recent case, Customs & Excise brought proceedings against a bank for not taking reasonable care to comply with the terms of a freezing injunction against one of the bank's customers.
Liability of insolvency practitioners questioned by High Court
The High Court was recently asked to decide issues regarding the potential liability of a firm of licensed insolvency practitioners retained to advise two companies and their directors at a time when the companies were, or indeed were about to become, insolvent.
Minority shareholders
How do the Courts approach the difficult issue of valuing shares?
Shareholder actions
The Companies Act 2006 will increase shareholders' rights to bring an action against directors for breach of their duties to a company.
The advantages of an empty chair
In private limited companies it is often the case that there is potential for a deadlock to occur which will impede the management of the company.
The benefits of an arbitration clause
Arbitration can and should be a flexible and efficient procedure for determining disputes.
The NatWest three: are you fully covered?
Now is an ideal time to organise or reorganise insurance to ensure full protection for all.
The penalties of being a hirer
A seller should be wary of what it may not be leaving behind.
Update on Commercial Agents Regulations
The decisions in two recent cases may prove to have a far-reaching impact upon the future interpretation of the regulations, and upon the formulation of commercial agency agreements.
When is a subject to contract agreement a binding contract?
On 10 March 2010, the Supreme Court handed down a decision in RTS Flexible Systems Ltd-v-Molkeroi Alois Muller GMBH [2010] UKSC 14. The Supreme Court had to determine the deceptively simple question of whether or not the parties had entered into a contract in circumstances where the parties never signed a formal written agreement, which was expressed to be subject to contract.
Widening the net
Two recent cases have provided useful reminders of some of the areas the liquidator can investigate to recover funds into the company extracted by inappropriate transactions.
The Site Waste Management Regulations 2008: A Summary
According to the Strategy for Sustainable Construction (a joint industry and Government initiative published in June 2008), the construction sector in England generates 90 million tonnes of inert waste each year, 25 million tonnes of which ends up in landfill.
The S-word
The issue of sustainability can no longer be ignored, least of all by the construction industry.
Personal injury litigation process
Abstract
This paper considers the claims process for personal injury matters, both prior to and post commencement of litigation. There is an examination of the personal injury pre-action protocol and thereafter, the actions required to commence legal proceedings. Flowing from this is a step by step guide to the actions required to prepare a case for trial. It concludes with a summary of the trial process, in the event that the case is not resolved by other means.
A matter of choice
Is there freedom of choice when it comes to choosing your auditors?
AGMs under the new Companies Act
The Companies Act will change how many companies run their 2008 AGMs.
Creating the right employee share scheme for your company
Employee share schemes are a great way to reward employees for their past endeavours and provide them with an incentive to achieve peak performance in their day-to-day roles.
Data protection: a hard act to follow
Organisations still fall foul of its provisions because they are unaware of their obligations under it.
