The application before HHJ Paul Matthews, sitting as Judge of the High Court, in Patley Wood Farm LLP & Ors v Kristina Kicks & Anor [2022] EWHC 2973 (Ch) was essentially a challenge to the decision of trustees in bankruptcy
More about Patley Wood Farm LLP v Kristina KicksTwo recent judgments in winding up cases illustrate how the same or similar legal points can arise yet lead to different results on the facts of the case. Landinvest BTL Ltd v Property Services LDN Ltd [2023] EWHC 1778 (Ch),
More about Landinvest and re a companyIn May 2019 the liquidator of Marylebone Warwick Balfour Management Limited (“MWBM”) commenced proceedings against seven former directors in relation to their operation of a complex tax avoidance scheme. MWBM had paid over £54 m to its senior management via
More about Hunt v Singh AppealThe Quincecare duty has engaged the Supreme Court three times in the last six years. In Philipp v Barclays, the issue was whether the duty could extend beyond what has been referred to as the ‘internal fraud paradigm’ or the role
More about Quincecare Duty Redefined – Philipp v Barclays Bank UK PLC [2023] Uksc 25Quick read Although certain types of cryptoasset are unregulated in the UK currently, regulation in this area is not straightforward and the regulatory landscape is evolving towards full regulation. New legislation and FCA rules from 8 October 2023 will introduce
More about New UK cryptoasset marketing rules will have major implications for promoters and investorsWe report below on two key developments since our last Spring update, as environmental social and governance (“ESG”) developments remain firmly on pension trustees’ agendas, and the risk of global temperatures exceeding the Paris Agreement cap of 1.5°C looks increasingly
More about Part 3 – Climate change in the spotlight: Updates from the pensions regulator not to ignore the esg elephant in the room and the latest on clientearth’s claim against shell PLCOverreliance on third parties? Whilst pension trustees can be skilled professionals or specialist corporate entities who lead the compliance effort and manage the legal risk of the pension scheme, more often than not, they outsource most of the operational functions
More about Part 5 – Cyber issues in the pensions sectorKing v Bar Mutual Indemnity Fund [2023] EWHC 1408 (Ch) deals with a number of bases on which Susan King, James King and Anthony King each applied to set aside statutory demands for £219,700.00 made by the Bar Mutual Indemnity
More about King v Bar Mutual Indemnity FundOn 12 June 2023 the government published draft regulations which will amend the two sets of regulations already in place. As at the date of this article (16 June 2023), those amending regulations are not yet in force and so
More about Building Safety Act 2022, a landlord’s guide to leaseholder protectionsUnamended standard form contracts such as JCT are regarded as providing a balance of risk as between the parties to them, whether employer and main contractor or main contractor and subcontractor. However, the standard forms are often amended along with
More about Will the Building Safety Act (“BSA”) change the risk profile in construction contracts?