Law and regulation

Insight / Legal Updates: June 2020

In this month’s legal updates, Sophie Brookes of Gately Legal considers the issues surrounding new legislation for AGMs and company filings, completion warranties and the meaning of ‘meeting’ in times of social distancing

Insight / Covid-19: amendments to insolvency and company law

The ground-breaking Corporate Governance and Insolvency Bill is now going through Parliament, ushering in a series of amendments to insolvency and company law in response to the coronavirus outbreak

Insight / Covid-19: business disruption and frustration of contracts

Many businesses will be looking at their contracts to check whether the pandemic can be used as a reason for failure to delivery or receive goods and services, but much will depend on how these contracts were originally constructed, says Gately Legal’s Rustam Roy

Insight / Divorcing professionals count cost of lost career

In a stand-out divorce decision, a former lawyer was successful in her claim for career sacrifice compensation. Kingsley Napley’s Stacey Nevin looks at lessons for other high earning professionals

Insight / Covid-19: measures to prevent aggressive rent collection and closure

High street shops and other companies under strain will be protected from aggressive rent collection and asked to pay what they can during the coronavirus pandemic, with temporary new measures introduced by the government. These include temporarily voiding statutory demands and winding up petitions issued to commercial tenants, and changes to the use of commercial rent arrears recovery (CRAR) facilities

Insight / Morrisons wins landmark ruling on liability for employee data breach

The Supreme Court has handed down a landmark judgment in a case involving a group data breach action against a former internal auditor at Morrisons, which could have seen the supermarket chain facing claims for damages running into thousands of pounds, reports Pat Sweet

Insight / Covid-19: electronic signatures and witnessing practicalities when isolating

Electronic signatures are ‘permissible and can be used in confidence in commercial and consumer documents’ during the coronavirus pandemic, the Lord Chancellor has confirmed, but there are times when a witness is legally required. Sophie Brookes, partner at Gateley, examines how to deal with virtual witnessing

Insight / Accountants cleared of breach of contract over rival hire

The Court of Appeal has thrown out a case over a dispute between two firms of chartered accountants over breach of contract when hiring a former employee

Insight / Legal updates: March 2020

In this month’s legal updates, Sophie Brookes of Gateley plc considers whether directors’ duties outlast an insolvency in RE Systems, fiduciary duties in a joint venture in Russell v Cartwright, and FTSE 350 gender and ethnic diversity

Insight / Prenuptial agreements: what accountants need to know

Building a strong relationship is hard work in itself, but practical issues like tax planning and legal contracts should not be ignored. Katherine Marshall and Joanne Chilton examine the different relationship scenarios that may benefit from a nuptial agreement

Insight / Pensions regulator backs down on trustee requirements

The Pensions Regulator (TPR) has watered down plans to require pension scheme boards to engage a professional trustee in order to drive up standards, in the light of responses to its consultation on the future of trusteeship and governance

Insight / Legal updates: February 2020

In this month’s legal updates, Sophie Brookes considers the Duomatic principle limits, proper purpose in member register inspections and new money laundering regulations

Insight / LLPs: duties to the partnership and loss of earnings - part 2

The legal status of limited liability partnerships (LLPs) puts a heavy onus on partners but when things go wrong, mistakes can cost partners their earnings. Lydia Danon, partner at Young & Keidan, explains potential pitfalls

Insight / Partner expulsion case offers lessons to LLP firms and their partners

The recent High Court ruling on a dispute regarding the expulsion of a partner from one of the Big Four under the firm’s 2017 LLP agreement (LLPA) raises warning signs for accountancy practices. Andreas White, employment partner at Kingsley Napley, examines the ruling 

Insight / Reinforcing KYC and AML processes

Stephen Baker, senior partner at law firm Baker & Partners explains the importance of Know Your Client (KYC) regulations and how to ensure compliance