Patisserie Valerie fraud trial will not start until 2026, court told – The Guardian

Posted November 8th, 2023 in company directors, fraud, news, trials by sally

‘The fraud trial of former employees of the collapsed bakery chain Patisserie Valerie will not take place for another two and a half years, a court has heard.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Disabled law firm director was unfairly dismissed, tribunal rules – Legal Futures

‘A disabled director of leading legal aid firm Duncan Lewis was unfairly dismissed over absences from work and his failure to report them, an employment tribunal has ruled.’

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Legal Futures, 31st October 2023

Source: www.legalfutures.co.uk

New Act – legislation.gov.uk

Posted October 30th, 2023 in company directors, company law, corruption, fraud, legislation, money laundering by tracey

2023 c. 56 – Economic Crime and Corporate Transparency Act 2023

Robust new laws to fight corruption, money laundering and fraud – Home Office

‘The Economic Crime and Corporate Transparency Act received Royal Assent on Thursday 26 October.’

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Home Office, 26th October 2023

Source: www.gov.uk

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’

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Gatehouse Chambers, 25th July 2023

Source: gatehouselaw.co.uk

ClientEarth loses high court fight with Shell over climate strategy – The Guardian

Posted July 25th, 2023 in charities, climate change, company directors, energy, news by sally

‘An environmental law charity has lost an attempt to revive a lawsuit against Shell over its climate strategy after the high court in London refused permission to bring a case against the energy company.’

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The Guardian, 24th July 2023

Source: www.theguardian.com

Former boss of a City of London foreign exchange company jailed for an around £70m fraud – Crown Prosecution Service

‘The former director of a finance company, based in the City of London, has been imprisoned today (9 June 2023) of being responsible for an around £70m investment fraud, which stole money from members of the public.’

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Crown Prosecution Service, 9th June 2023

Source: www.cps.gov.uk

Company directors jailed after wall collapse killed five workers in Birmingham – The Guardian

Posted May 16th, 2023 in company directors, fines, health & safety, imprisonment, news, sentencing by sally

‘Two company directors have been jailed for nine months after five workers died when a wall collapsed at a scrap metal recycling plant in Birmingham.’

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The Guardian, 15th May 2023

Source: www.theguardian.com

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 tracey

‘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

Directors Accountability and Burdens of Proof – New Square Chambers

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

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New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

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

‘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

‘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

‘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

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

‘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

Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors) – Gatehouse Chambers

Posted January 10th, 2023 in chambers articles, company directors, compensation, damages, fraud, news, taxation by sally

‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’

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Gatehouse Chambers, 21st December 2022

Source: gatehouselaw.co.uk

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

‘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

Supreme Court rules on creditor duty – Law Society’s Gazette

“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”

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Law Society's Gazette, 14th October 2022

Source: www.lawgazette.co.uk