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NEWS
Restructuring & Insolvency analysis: Mr Justice Hildyard granted the application of the administrators of Lehman Brothers International (Europe) to end the administration and move the company into a members’ voluntary liquidation. The express statutory alternatives for exiting a company from administration in paragraphs 83 and 84 of Schedule B1 of the Insolvency Act 1986 (IA 1986) do not exclude a members’ voluntary liquidation. The application was granted in uncommon circumstances where the administration had been successful leaving a surplus of assets for equity distributions. Nevertheless, the decision suggests that the options for exiting a company from administration are not closed. The proposed option should be consistent with the statutory architecture and the mechanics for achieving it simpler and more cost effective than alternatives. The court also granted one and two-year extensions to the long-running administrations of other Lehman entities: Lehman Brothers Holdings Plc, Lehman Brothers Limited, and LB Holdings Intermediate 2 Limited. Written by Ololade Saromi, barrister at Five Paper.
Q&As
It is a common misconception that because money comes from a bank account it is ‘clean’. You should always consider the level and nature of verification required in light of the money laundering risks posed by the client, the transaction and/or the business relationship. The measures you take should reflect your assessment of the level of risk arising in any particular case. If funds are provided from an accountant or solicitor’s client account, there is some comfort that the person has probably
NEWS
Corporate Crime analysis: The Law Commission's Contempt of Court: Report (Part 1) on Liability, published on 17 November 2025, recommends the abolition of the historic civil/criminal contempt divide and the reform of the current law of contempt by way of four new types of contempt. Christopher Gribbin and Molly Vann of Mishcon de Reya LLP examine the Law Commission’s overhaul of the law of contempt, which includes a refreshed general contempt test, targeted offence definitions, and recalibrated rules around publication risk—particularly shifting ‘active’ proceedings from arrest to charge to harmonise with modern privacy jurisprudence. This new framework signals a forward-leaning commitment to clarity and consistency—while quietly acknowledging that the justice system’s information architecture must adapt to an era defined by instantaneous, decentralised communication.
NEWS
Environment analysis: The UK government has produced a third iteration of a critical minerals strategy within a three year period. This reflects growing political tensions surrounding access to critical minerals, necessary for energy and digital transitions. It also acknowledges UK vulnerability in sourcing such critical minerals. This review explains what is meant by critical minerals and examines the approach taken to reduce the vulnerability of UK supply. This consists of improving UK production of minerals where deposits allow, by streamlining approval processes and offering support for minerals’ development. The Strategy also focuses on the need for processing and recycling capacity and on the development of partnerships to support trading with mineral producing countries. The review assesses the targets laid out in the Strategy and what is achievable within the ten-year timeframe laid out. Written by Robert Lee of University of Birmingham.
NEWS
Information Law analysis: This News Analysis considers the key changes to data protection and ePrivacy law which will come about as a result of the Data (Use and Access) Act 2025, which received royal assent in June 2025, and how organisations should prepare for such changes. Written by Bryony Long, partner and co-head, and Zahra Laher, knowledge lawyer, at Lewis Silkin.
Q&As
As set out in Practice Note: Right to work checks: how to conduct the check, there are a number of steps that need to be undertaken for a right to work check. In relation to manual checks, one of these is to make a record of the date of the check, and this requirement is set out in the Immigration (Restrictions on Employment) Order 2007, SI 2007/3290,
Q&As
In April 2014, the EU issued Regulation 537/2014/EU of the European Parliament and the Council of the European Union (EU Audit Regulation) and Directive 2014/56/EU (Statutory Audit Amending Directive). The EU Audit Regulation had direct effect in the UK from 17 June 2016 with the exception of Article 16(6) which had direct effect from 17 June 2017. Article 16(6) deals with the prohibition on contractual clauses restricting a company’s choice of auditor (so-called ‘Big 4 clauses’). Member States had until 17 June 2016 within which to transpose the requirements of the Statutory Audit Amending Directive into domestic
Q&As
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), from 30 June 2016, has removed the requirement to file an annual return and replaced it with a requirement to submit a confirmation statement. SBEEA 2015, s 92 inserts a new Part 24 into the Companies Act 2006 (CA 2006) which sets out the new requirements. The provisions also apply to LLPs, via amendments to Part 8 of the Limited Liability Partnerships (Application of the
Q&As
Date from which interim rent is payable Interim rent is the amount which it is reasonable for the tenant to pay while the tenancy is being continued pursuant to section 24 of the Landlord and Tenant Act 1954 (LTA 1954). Interim rent is the rent payable for the period from ‘the appropriate date’ (as defined by LTA 1954, s 24B): ‘if a landlord has given a notice under s 25 of this Act, the earliest date of termination that could have been specified in the landlord's notice, or if a tenant has served a notice
Q&As
The point at which interest on costs runs and the interest rates the court can award at detailed assessment are discussed in Practice Note: Cost orders—interest, payment and enforcement. See, in particular, the main section entitled: ‘Interest on costs’ which also links through to other salient content within the Practice Note: Cost orders—interest, payment and enforcement. Part 36 The acceptance of a Part 36 offer will give rise to Part 36
Q&As
Limitation periods for claims in tort A negligent misstatement claim is a tort action. In general, the limitation period for torts are governed by section 2 of the Limitation Act 1980 (LA 1980) and a party accordingly has a period of six years within which to bring their claim. For more general information on LA 1980 and the principal imitation periods that apply, see Practice Notes: Limitation Act 1980—general application, Limitation—when will it end? and Limitation—the principal limitation periods. Limitation periods for negligent misstatement claims As set out in Practice Note: Limitation—tort claims, calculating when time starts to run in tort claims depends on whether a tort is actionable ‘per se’ or requires proof of damage. Negligent misstatement claims fall within the latter category and time accordingly
GLOSSARY
Transactional/non-contentious legal work, for example, negotiating amendments to a standard form construction contract.