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Insights

The latest company news, legal developments and industry updates.
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Laws coming into force in October 2024, will impose a new duty of care on employers to prevent sexual harassment. It’s therefore essential to take a proactive approach to tackling this.

Nighat Sahi

Published 30 May 2024

Latest articles

All articles

98 articles
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Real Estate

In March 2024, the Chancery Division handed down the judgment in Bratt v Jones. The case concerned the correct approach to take when determining liability in valuer negligence cases.

Jonathan Woodroffe
Published 6 June 2024
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Employment

Earlier this year, the Labour Party published their Green Paper, A new deal for working people which sets out a raft of key changes that they propose to make to employment law and promising to “strengthen workers’ rights and make Britain work for working people”

Nighat Sahi
Published 3 June 2024
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Dispute Resolution

The courts recently considered the issue of Third Party disclosure applications and the issues to be applied in determining them.

Chris Ward
Published 16 May 2024
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Employment

What happens if an employer comes into possession of employee WhatsApp messages? Great care is needed

Nighat Sahi
Published 13 May 2024
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Employment

Employers who are or are thinking of using AI in their business need to be aware that there are a number of areas where caution and a planned and considered approach will be essential to avoid serious future problems.

Nighat Sahi
Published 10 May 2024
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Employment

Our employment law update: details of some the main employment law developments that may affect you 

Nighat Sahi
Published 7 May 2024
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Employment

New rules and changes to the holiday pay provisions came into force on 1 April 2024. Here is our “need to know” summary

Nighat Sahi
Published 1 May 2024
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Employment

Under new proposals, employees will not only be able to request flexible working as a day one entitlement but it is understood that businesses will have to respond more quickly than the current three-month period

Nighat Sahi
Published 30 September 2021
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Immigration

A Sponsor Licence only allows the legal entity granted the licence to sponsor workers. Therefore what happens if a global organisation or a company with a number of different branches needs to transfer an employee to one of its related companies that is not a licence holder? In this post, we take a look at the options and requirements involved.

Nighat Sahi
Published 23 April 2024
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Corporate & Commercial law

Key advice, considerations and processes which are essential for success for for anyone thinking of selling an IFA business

Andrew Robins
Published 9 April 2024
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Employment

Is it unfair dismissal if you dismiss an employee for refusing to have the vaccine because she is pregnant or breastfeeding?

Nighat Sahi
Published 30 September 2021
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Real Estate

Unlike a normal commercial purchase, when a business is insolvent, you will not receive any assurances in respect of the assets you are buying. To protect your investment, it is essential to take legal and financial advice to ensure that you fully understand the implications.

Andrew Robins
Published 30 September 2021
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Corporate & Commercial law

When negotiating a share or asset purchase agreement, the extent of a seller’s liability in the event of a claim under any of the warranties is an important issue that requires careful consideration. In this first article in our series about limitation of liability, we explain the background to such limitations and take a look at the two most common types of limitation of liability, namely financial limits and time limitation.

Andrew Robins
Published 27 March 2024
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Immigration

In this second post in the series, we look at other common types of limiting liability under a warranty from the seller’s perspective.

Andrew Robins
Published 18 April 2024
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Real Estate

Before you decide to buy that dream riverside property, there are important considerations to bear in mind as buying riverside can come with additional responsibilities, costs and challenges.

Jonathan Woodroffe
Published 29 January 2024
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Employment

The Carer’s Leave Act 2023 is due to come into effect in April 2024. Draft carer’s leave regulations explain how the regime will work

Nighat Sahi
Published 19 January 2024
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Employment

New rules that set out the way in which holiday pay is to be calculated for irregular hours and part-year workers (such as those who work only during term time).

Nighat Sahi
Published 9 January 2024
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Employment

Supreme Court decision that personal service is an essential feature of the concept of an ’employment relationship’ under Article 11.

Nighat Sahi
Published 8 December 2023
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Real Estate

New building regulations providing for additional duties and dutyholder responsibilities for any project involving higher-risk building work.

Jonathan Woodroffe
Published 6 December 2023
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Dispute Resolution

New rules in respect of indemnity costs and Fixed Recoverable Costs are now in force.

Emily Jaye
Published 1 December 2023
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Corporate & Commercial law

Selling any business is complicated, but selling a financial services business comes with a unique set of issues that need to be carefully considered and addressed if the sale is to be a success. 

Andrew Robins
Published 16 November 2023
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Immigration

A detailed look at what is required for a skilled worker visa application made from outside the UK. 

Nighat Sahi
Published 8 November 2023
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Immigration

The third post in our series of articles about navigating the UK Visa system, in which we summarise the main provisions of applying for a skilled worker visa from inside the UK.

Nighat Sahi
Published 8 November 2023
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Insolvency & Restructuring

The Court of Appeal judgment in the case of Invest Bank PSC v El-Husseini [2023] provided important clarification of section 423 of the Insolvency Act 1986 and the position of creditors trying to challenge transactions made by a debtor at an undervalue

Chris Ward
Published 8 November 2023
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Corporate & Commercial law

In July 2023, the Supreme Court handed down its decision in Fiona Philipp v Barclays Bank UK Plc. In doing so, they have restricted claims against the banks by customers who have been victims of APP fraud

Tanya Seevaratnam
Published 8 November 2023
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Corporate & Commercial law

Commercial lease extensions are governed by The Landlord and Tenant Act (LTA) 1954 and require careful consideration of both the legal and commercial implications by both landlord and tenant.

Jonathan Woodroffe
Published 26 October 2023
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Corporate & Commercial law

A series of posts about agency and distribution agreements, including the difference between an agency and a distributor and some of the considerations to take into account when appointing either.

Andrew Robins
Published 25 October 2023
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Employment

A recent Supreme Court decision has clarified a number of issues when it comes to holiday pay

Nighat Sahi
Published 9 October 2023
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Corporate & Commercial law

Following a recent decision, most existing Litigation Funding Agreements are now likely to be invalid and therefore unenforceable.

Chris Ward
Published 4 October 2023
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Immigration

If you apply to come to or remain in the UK and your application is considered straightforward, it will be decided within UKVI’s customer service standards. We’ve provided an overview of the main provisions that may affect your case.

Nighat Sahi
Published 19 September 2023
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Employment

The Employment (Allocation of Tips) Act 2023 comes into force next year. It will mean significant changes for employers and employees when it comes to handling staff tips, placing new requirements on how they are distributed.

Nighat Sahi
Published 6 September 2023
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Employment

New laws giving employees across the UK more flexibility over where and when they work, and it is expected to come into force in 2024. 

Nighat Sahi
Published 4 September 2023
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Employment

RSW Law Achieves Landmark Victory in Restrictive Covenant Injunction Case for Defendant Client.

Nighat Sahi
Published 4 September 2023
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Employment

Home Office announce that fines for employers who allow migrants without lawful immigration status to work for them are going to be tripled as of next year

Nighat Sahi
Published 22 August 2023
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Dispute Resolution

New rules are coming into force on the 1st October 2023 to implement the extension of fixed recoverable costs in civil cases

Tanya Seevaratnam
Published 27 July 2023
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Immigration

The immigration health surcharge will increase by 66%, from £624 to £1,035 per person per year

Nighat Sahi
Published 19 July 2023
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Corporate & Commercial law

A summary of the important issues you need to consider if you are thinking of buying a business or assets from an administrator

Andrew Robins
Published 18 July 2023
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Insolvency & Restructuring

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) Regulations provide some help and relief.

Harriet Smith
Published 10 July 2023
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Corporate & Commercial law

Part 1 of a series of posts about the essential issues you need to have in mind before you contemplate buying assets from an administrator

Andrew Robins
Published 5 July 2023
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Employment

The UK’s restraint of trade clauses are designed to protect employers’ legitimate business interests, such as trade secrets, client relationships, and confidential information. However, they can also limit employees’ career prospects and professional mobility.

Nighat Sahi
Published 9 June 2023
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Corporate & Commercial law

A recent High Court decision has provided clarity and guidance about what distinguishes fixed and floating charges

Chris Ward
Published 9 June 2023
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Employment

The Government has announced its intention to limit the duration of non-compete clauses to three months.

Nighat Sahi
Published 7 June 2023
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Employment

The Commission on Race and Ethnic Disparities had published a report in which it found that terms like BAME were “no longer helpful and should be dropped”.

Nighat Sahi
Published 26 May 2023
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Employment

A round up of the important changes to employment law announced by the Government recently in light of Brexit

Nighat Sahi
Published 23 May 2023
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Real Estate

A summary of the recent case of Fearn v Tate Gallery and its implications for the public nuisance claims

Andrew Robins
Published 19 April 2023
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Employment

A closer look at the Government’s response to the Women and Equalities Committee’s report and where this leaves employers and employees alike.

Nighat Sahi
Published 27 March 2023
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Corporate & Commercial law

A recent decision of the Supreme Court in the case of Barton v Morris is a reminder of the importance of entering into a properly documented contract rather than relying on an oral or informal agreement.

Andrew Robins
Published 27 March 2023
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Real Estate

The Fire Safety (England) Regulations 2022 (the Regulations) came into force on 23rd January 2023. Here is what you need to know.

Jonathan Woodroffe
Published 16 March 2023
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Employment

Stay up to date with the latest employment law developments with our summary of recent case law.

Nighat Sahi
Published 10 March 2023
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Corporate & Commercial law

Important guidance on the interpretation of settlement agreements and whether a settlement agreement was intended to, and did in fact, release claims of fraud, conspiracy or other intentional wrongdoing that were not expressly recited in the agreement

Chris Ward
Published 27 February 2023
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Employment

How will the Metaverse affect your business and employment law practices?

Emily Jaye
Published 18 January 2023
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Immigration

Court closures over Christmas and New Year 2022

Tanya Seevaratnam
Published 12 December 2022
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Corporate & Commercial law

If you are hoping to sell your business, careful planning and preparation will be key to making the sale a success.

Andrew Robins
Published 8 December 2022
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Real Estate

Buying at auction can be a great way to secure a property but is not risk free, so before you bid, make sure you read this essential guide

Andrew Robins
Published 6 December 2022
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Real Estate

After so many recent changes in the government’s approach to the economy, we summarise the current Stamp Duty regime

Jonathan Woodroffe
Published 29 November 2022
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Corporate & Commercial law

The Supreme Court judgement in Sequana has at last provided some clarity about the directors’ creditors interest duty and when it arises

Chris Ward
Published 21 November 2022
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Employment

The Retained EU Law (Revocation and Reform) Bill was published in September, and it has the potential to mean significant changes and disruption to employment law. Here is what we know so far.

Nighat Sahi
Published 24 October 2022
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Corporate & Commercial law

Our round up of the main provisions of the recent mini budget that may affect you

Andrew Robins
Published 30 September 2022
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Employment

We explain the implications of the recent government reversal of the IR35 off-payroll worker provisions

Nighat Sahi
Published 28 September 2022
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Employment

Is the menopause going to be made a protected characteristic following committee recommendations

Nighat Sahi
Published 7 September 2022
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Corporate & Commercial law

A recent legal decision means that a decision made by a sole director that comes into dispute could be deemed to be void or invalid.  Read more…

Tanya Seevaratnam
Published 7 September 2022
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Corporate & Commercial law

If you are considering either buying or selling a business, you may need to consider the question of deferred consideration or deferred payment/s

Andrew Robins
Published 18 July 2022
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Immigration

Keep up to date with all the latest changes to Immigrations Laws with our round up

Nighat Sahi
Published 6 July 2022
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Employment

Understanding your responsibilities owed to employees suffering with symptoms of the menopause is now more important than ever

Nighat Sahi
Published 23 May 2022
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Corporate & Commercial law

6 key areas to focus on as you plan your business exit strategy

Andrew Robins
Published 23 May 2022
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Insolvency & Restructuring

The Corporate Insolvency and Governance Act 2020 imposed temporary restrictions on creditors who sought to present a winding-up petition but these restrictions have come to an end.

Tanya Seevaratnam
Published 6 April 2022
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Employment

A summary of some of the most important employment law changes and developments to expect in 2022

Nighat Sahi
Published 7 March 2022
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Corporate & Commercial law

The Government’s Commercial Rent (Coronavirus) Bill proposes a solution to commercial rent arrears due to the pandemic

Andrew Robins
Published 3 March 2022
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Insolvency & Restructuring

A recent Court of Appeal decision has cast doubt on whether certain settlement agreements, which allow an individual time to pay, are enforceable. 

Chris Ward
Published 15 February 2022
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Corporate & Commercial law

A look at the ancillary provisions and documents required as part of the final stages of preparing an SPA

Andrew Robins
Published 8 February 2022
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Employment

A round up of some of the most significant changes to employment law in 2021 and how they may affect you

Nighat Sahi
Published 27 January 2022
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Corporate & Commercial law

New law means important changes that may affect directors who plan to or have recently dissolved a company.

Andrew Robins
Published 26 January 2022
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Corporate & Commercial law

The main terms of a Share Purchase Agreement (SPA) that parties should be planning, negotiating, agreeing and eventually drafting in order for a SPA to be successfully concluded.

Andrew Robins
Published 11 January 2022
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Insolvency & Restructuring

Protect your business by reviewing your standard terms and conditions of trading

Tanya Seevaratnam
Published 8 December 2021
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Corporate & Commercial law

A carefully negotiated Share Purchase Agreement can make the difference between a successful purchase and a nightmare

Andrew Robins
Published 8 December 2021
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Employment

An overview of an employer’s responsibilities when it comes to the menopause and the workplace

Nighat Sahi
Published 10 November 2021
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Employment

Sponsor licence applications include onerous responsibilities and a strict application procedure

Nighat Sahi
Published 31 October 2021
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Corporate & Commercial law

Warranty claims notification clauses are a standard feature of a share purchase agreement (SPA). They require that written notice of a warranty claim must be given within a specified deadline, and they also normally require that any claim must be commenced within a specified time from the date of any notice of claim. Their purpose is […]

Andrew Robins
Published 31 October 2021
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Insolvency & Restructuring

With insolvent estates, there are a number of different options and both creditors and beneficiaries may be affected (adversely or beneficially) depending on the approach that is taken.  The deceased’s personal representative can wind up the estate (although this can be complex and not without risk), or a creditor can apply for the estate to […]

Chris Ward
Published 22 October 2021
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Insolvency & Restructuring

“bankruptcy tourism” which describes the situation where someone from overseas files for bankruptcy in England or Wales because the bankruptcy laws of England and Wales are seen as easier and softer than other jurisdictions.

Tanya Seevaratnam
Published 20 October 2021
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Employment

Can employees work from abroad, and if so, what needs to be done to ensure both legal compliance and the welfare of the employee?

Nighat Sahi
Published 30 September 2021
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Employment

A summary of three recent discrimination law decisions along with commentary about what each case may mean for employers and employees alike.

Nighat Sahi
Published 16 August 2021
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Employment

Can, and if so, to what extent, employers monitor employees working from home?

Nighat Sahi
Published 10 June 2021
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Employment

A quick review of employment status and what gives someone “worker” status

Nighat Sahi
Published 16 July 2021
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Employment

A look at two recent rulings about whether standby periods count as working time.

Nighat Sahi
Published 10 April 2021
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Employment

Safety in workplace extended to workers

Nighat Sahi
Published 10 April 2021
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Corporate & Commercial law

How to prepare for IR35 and the consequences of failing to do so

Nighat Sahi
Published 10 March 2021
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Employment

Can you, as an employer, insist all your employees are vaccinated before they can return to work?

Nighat Sahi
Published 10 March 2021
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Corporate & Commercial law

When unforeseen circumstances make it difficult or impossible for a business to fulfill its obligations under a contract, is there any way to avoid liability? We take a look at the two possible options, force majeure and frustration. With the widespread disruption caused by the pandemic, many businesses have found that, through no fault of […]

Andrew Robins
Published 12 April 2021
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Real Estate

First-time buyers with small deposits will be able to take advantage of the new Help to Buy: Equity Loan scheme from April 2021. Those buying new homes from builders registered with the scheme will be able to borrow between 5 and 20 per cent (or 40 per cent in London) of the full purchase price […]

Jonathan Woodroffe
Published 7 April 2021
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Insolvency & Restructuring

With tech now more vital than ever for most businesses, the failure of an IT service provider can be catastrophic. As businesses suffer from the knock-on effects of the pandemic and insolvencies look set to increase, it is important for businesses to protect themselves as far as possible in their commercial relationships and IT contracts. […]

Tanya Seevaratnam
Published 9 March 2021
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Real Estate

Housing Secretary Robert Jenrick has announced leasehold reform measures that leaseholders in England will be offered the chance to extend their lease by up to 990 years, with no ground rent payable. The reform will be welcomed by an estimated four and a half million people, some of whom are currently struggling with excessive ground […]

Andrew Robins
Published 2 March 2021
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Real Estate

Bath Rugby Club has been told by the High Court that a restrictive covenant preventing development must be observed, even though it is not obvious exactly which land benefits. The case, Bath Rugby Ltd v Greenwood & Ors (pre-1926 restrictive covenants affecting land) [2020] EWCH 2662 (Ch), involved the proposed development of a new 18,000-seater stadium […]

Andrew Robins
Published 22 February 2021
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Insolvency & Restructuring

In the summer of 2020, the government pushed through a new bill to relieve the burden on businesses during the coronavirus pandemic. The Corporate Insolvency and Governance Act 2020 (the Act) contains both temporary and permanent measures designed to help businesses survive difficulties. The permanent reforms are as follows: Key temporary measures are: Company moratorium […]

Tanya Seevaratnam
Published 17 February 2021
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Employment

An Employment Appeal Tribunal case has examined what constitutes acceptance of a repudiatory breach of an employment contract in a constructive dismissal case. When a breach of contract is so serious that it is held that the contract has been terminated, this is referred to as a repudiatory breach. It is normally the case that […]

Nighat Sahi
Published 15 February 2021
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Employment

A recent employment law case has examined the time limit for bringing a whistleblowing detriment claim as well as imposing a penalty for failure to adhere to the Acas Code of Practice on Disciplinary and Grievance Procedures (‘the Acas Code’).

Nighat Sahi
Published 8 February 2021
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Real Estate

A recent case has highlighted the importance of ensuring that any third party interests involved in a transfer of land are entered into the Land Register.  The case of Ghai, Ghai and Somal v Maymask (228) Ltd [2020] UKUT 293 (LC) found that even if receivers have been appointed, the sale of a property to a third […]

Andrew Robins
Published 1 February 2021
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Insolvency & Restructuring

A recent High Court judgment has found that notifying third parties outside of England and Wales about the existence of a worldwide freezing order is not an abuse of process. Freezing orders are intended to stop a defendant from dealing with or disposing of assets in order to put them beyond the reach of any […]

Tanya Seevaratnam
Published 27 January 2021