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Latest Briefings

British Virgin Islands introduces the Micro Business Companies Act

By Alan Hughes As a leading oÂshore Ênancial center and in keeping with its constant drive toward the development and implementation of robust, modern and progressive corporate products, the British Virgin Islands (BVI) has recently introduced the Micro Business Companies Act (the “MBC Act”) – bespoke and innovative legislation designed speciÊcally toward developing and supporting the […]

Court’s guidance on identifying a firm’s centre of interests

By Duncan Lole, Gawain Moore, Geoff Cunningham In the recent case of Re Videology Ltd, the English High Court considered the factors relevant for determining a company’s centre of main interests (or COMI) and whether it had an establishment in a foreign jurisdiction for the purposes of the Cross-Border Insolvency Regulations 2006. Walker Morris insolvency experts, Duncan […]

Redress scheme outcome challenges – Have they ended?

By Paul Gair The recent case of R. (on the application of Holmcroft Properties Ltd) v KPMG LLP 2018 WL 04636705 has confirmed that Judicial Review is not the appropriate avenue for a bank customer unhappy with an accountancy firm acting as a ‘skilled person’ in approving an offer of compensation by his bank under a redress […]

English Courts grant freezing order against unidentified individuals

By Nick Curling In CMOC v Persons Unknown [2017] EWHC 3599 (Comm) the claimant, China Molybdenum Company (CMOC), successfully obtained a worldwide freezing order against a class of unknown respondents. This was the first time the English Courts have granted a freezing order against unidentified individuals. Background The claim underlying CMOC’s freezing order application related to losses […]

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Mackay's plans: what lawyers think

Why the change? The system is failing because “clients and money are directed to solicitors” leading to court-based lawyer-led services. Solicitors are able to run cases the way they want which is “often not the way that either the client or the Legal Aid Board would choose”. The cost of legal aid is rising at […]

SPG meeting brings report row to boil

A SIMMERING row between senior figures in the Law Society Sole Practitioner’s Group looks set to boil over this week when the group holds its annual meeting. The meeting – attended by the society’s presidential candidates – will be fired up by claims that chair Arnold Rosen is being censored by his own ruling committee. […]

Wilde Sapte hits top note in noise case

OPERA lovers are applauding the performance of City firm Wilde Sapte after it succeeded in overturning a conviction for “noise nuisance” against the organiser of the Garsington Opera Festival. The victory by partner Brian Smith, lawyer Kate McDonald and QC Richard Beckett, means the much-publicised open air festival will go ahead at Oxfordshire’s Garsington Manor […]

Mackay snubs Law Soc aid plan

THE LORD Chancellor has dismissed the Law Society’s blueprint for legal aid reform and called for a more imaginative response to his own radical proposals. A cash-limited legal aid fund and the restriction of legal aid delivery to franchised firms are central tenets of the Lord Chancellor’s reform Green Paper. The proposals are vigorously opposed […]

Keeping it clean

The potential areas of liability under environmental law which affect businesses in this country are well known. The Environmental Protection Act 1990, the Water Resources Act 1991, provisions under the Environmental Bill and the legacy of common law provide the framework within which industry and commerce operate. There are very good reasons for operating within […]

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