‘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.’
OUT-LAW.com, 12th April 2023
Source: www.pinsentmasons.com
‘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.’
Gatehouse Chambers, 23rd March 2023
Source: gatehouselaw.co.uk
‘The UK water regulator is to use new powers to block companies from shareholder payouts if they fail to hit performance and environmental targets.’
The Guardian, 20th March 2023
Source: www.theguardian.com
‘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.’
Kingsley Napley Employment Law Blog, 13th March 2023
Source: www.kingsleynapley.co.uk
‘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.’
UKSC Blog, 8th March 2023
Source: ukscblog.com
‘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.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘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.’
Law Society's Gazette, 22nd February 2023
Source: www.lawgazette.co.uk
‘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.’
UKSC Blog, 9th February 2023
Source: ukscblog.com
‘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.’
The Guardian, 9th February 2023
Source: www.theguardian.com
‘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.’
Wilberforce Chambers, 20th December 2022
Source: www.wilberforce.co.uk
‘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.’
Law Society’s Gazette, 6th January 2023
Source: www.lawgazette.co.uk
‘The British government has been given the go-ahead to keep concealing the names of companies that received in total more than £47bn in state-backed Covid loans, after a tribunal ruled in its favour.’
The Guardian, 5th January 2023
Source: www.theguardian.com
‘”Smash ‘n’ grab” claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.’
OUT-LAW.com, 2nd December 2022
Source: www.pinsentmasons.com
‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’
The Guardian, 30th November 2022
Source: www.theguardian.com
‘Facebook and Instagram have asked for government protection from Jacob Rees-Mogg’s bonfire of up to 4,000 EU laws on post-Brexit statute books. In a letter to a parliamentary committee to be published on Friday, the parent group, Meta, asks that laws underpinning social media firms are either “explicitly maintained elsewhere” or “removed from the scope” of the retained EU law (revocation and reform) bill.’
The Guardian, 25th November 2022
Source: www.theguardian.com
‘On 16 November 2022 the Chancellor of the High Court, Sir Julian Flaux, delivered the 2022 Combar Lecture entitled “Is commercial litigation going green? Environmental and greenwashing claims and how they will shape the law.”’
Courts & Tribunal Judiciary, 18th November 2022
Source: www.judiciary.uk
‘The Law Commission has launched a call for evidence asking users and other experts for information about how decentralised autonomous organisations – DAOs – can be characterised, and how the law of England and Wales might accommodate them now and in the future.’
Law Commission, 16th November 2022
Source: www.lawcom.gov.uk
‘The UK subsidiary of commodities trader Glencore was today ordered to pay £281 million in a fine, confiscation order and costs in the largest ever such penalty in a corporate criminal conviction. Glencore is the first business to be convicted under the Bribery Act 2010 for the active authorisation of bribery rather than a failure to prevent it.’
Law Society's Gazette, 3rd November 2022
Source: www.lawgazette.co.uk
“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”
Nearly Legal, 16th October 2022
Source: nearlylegal.co.uk
“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.”
Law Society's Gazette, 14th October 2022
Source: www.lawgazette.co.uk
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