In administration a company enjoys certain protection from creditors by virtue of a moratorium imposed by paragraph 43 of Schedule B1 to the Insolvency Act 1986. The moratorium prohibits the landlord from commencing or pursuing any existing legal process against the company or its property without the consent of the administrator or the leave of the court. See Practice Note: The moratorium in administration. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 prescribe when a creditor

Pre-insolvency interest Pursuant to the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.23(1), where a debt has been proved in insolvency proceedings and that debt bears interest, the interest is provable unless it is payable in respect of any period after the relevant date. This is the date that the company went into liquidation or the date of administration where the administration immediately preceded the liquidation (the Relevant Date). Interest is usually reserved and agreed within the initial agreement and payable per that agreement. This is typically capped at 8%. If the interest is not previously reserved and agreed, interest may still be payable if the circumstances contained in IR 2016, SI 2016/1024, r 14.23 exist. The first circumstance in which interest is payable is if the debt is due by

IP analysis: The Court of Appeal dismissed an appeal of the IPEC’s finding that Nanthakumar and the seven other defendants (together, the ‘Defendants’) had infringed the registered trade marks of Morley’s (Fast Foods) Ltd (‘Morley’s’). The Court of Appeal confirmed that while the first instance judge was wrong to split the average consumer into subsets in the way she did and to consider the likelihood of confusion from the perspective of an intoxicated consumer, her overall conclusion as to the likelihood of confusion was correct. The Court of Appeal upheld her findings that the Defendants had infringed Morley’s registered trade marks pursuant to section 10(1) and 10(2)(b) of the Trade Marks Act 1994 (TMA 1994). Written by Nicole Bollard, barrister at 3PB Barristers.

We have assumed that: • relevant documents disclosed include personal data as defined by the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime and the disclosure was subject to the UK GDPR regime • the question, in so far as it relates to data protection, is in relation to the UK GDPR only • the personal data does not include special categories of personal data (as defined in the UK GDPR, Retained Regulation (EU) 2016/679, Art 9) Position under the UK GDPR The UK GDPR regime governs the 'processing' of 'personal data' that is otherwise within material and territorial scope of the UK GDPR regime. For an introduction to the UK GDPR, including its scope, see Practice Note: The UK General Data Protection Regulation (UK GDPR). For the purposes of this

The written statement of particulars of employment issued to a worker to comply with section 1 of the Employment Rights Act 1996, which usually forms part of a contract of employment, must include details of the worker’s place of work or, where the worker is required or permitted to work at various places, an indication of that, and the address of the employer. For more detailed information, see: • the section of Practice Note: Written statements of employment particulars entitled ‘What the written statement must cover’ • Practice Note: Place of work and mobility clauses It may be a term of an employee’s contract that they are permitted to work remotely, or this may have been agreed on an informal or temporary basis (eg where the employer is trialling remote working). In order to establish that an employee who is

The potential breach of the Legal Services Act 2007 (LSA 2007) The ‘conduct of litigation’ is a reserved legal activity for the purposes of the Legal Services Act 2007 (LSA 2007). It is an offence under LSA 2007, s 14 for a person to carry out a reserved legal activity if they are not entitled to do so or if they are not exempt. This question therefore turns on whether any of the specific tasks identified amount to conducting litigation. LSA 2007 contains some guidance on what amounts to the conduct of litigation at LSA 2007, Sch 2, para 4(1): 'The “conduct of litigation” means – (a) the issuing of proceedings before any court in England and Wales, (b) the commencement, prosecution

Under the Data Protection (Charges and Information) Regulations 2018, SI 2018/480, data controllers are required to pay an annual charge (a ‘data protection fee’) to the information commissioner unless otherwise exempt. There are three charging rates and the data protection fee depends on the size of the organisation: Tier Applies to Fee Tier 1 (micro organisations) Organisations with:• turnover of £632,000 or less, or • ten or fewer members of staff Also: Charities and small occupational

The general provisions relating to a gift with reservation of benefit are set out in section 102 of the Finance Act 1986 (FA 1986). Section 102(1) sets out the conditions required for there to be a gift with a reservation of benefit: '(1) Subject to subsections (5) and (6) below, this section applies where, on or after 18th March 1986, an individual disposes of any property by way of gift and either— (a) possession and enjoyment of the property is not bona fide assumed by the donee at or before the beginning of the relevant period; or (b) at any time in the

Parliament is at present considering the draft Fire Safety Bill which is aimed at providing greater clarity over responsibility for fire safety in buildings containing more than one home. However, until new law is passed, a landlord’s obligations in relation to the safety of the external walls of a residential building will be those which are specifically agreed in the lease or which are imposed by the general law. It is unlikely today (by reason of the way that the drafting of covenants in leases has developed in the UK) to find a covenant which imposes a specific obligation on a landlord to address fire hazards. That may change in the light of the Grenfell disaster and the new requirements on landlords in respect of fitness for habitation in short residential leases. It is unlikely that any implied term can be said

The Companies Act 2006 (CA 2006) requires that the accounts of a company be approved by the board of directors and signed by a director on behalf of the board. The CA 2006 does not prescribe how the board of directors must approve a company’s accounts, but it is market practice for it to be done by a formal decision to approve them being made by a majority of the directors at a board meeting. This practice is consistent with the usual provisions of a company’s articles of association relating to decision-making by directors (eg, see article 7 of the model articles for a private company limited by shares). It is also common for a company’s articles to permit directors to make decisions by unanimous written resolution (eg, see article 8 of the model articles for a private company limited by shares) and, therefore, it may be possible for them to approve a company’s

What legislation governs the running of free prize draws? The Gambling Act 2005 provides for the regulation of lotteries, betting and gaming, but activities such as free prize draws and competitions involving an element of skill do not fall under its ambit. For advice on whether a prize promotion activity constitutes an activity which falls under the Gambling Act 2005 or not, see Q&A: What rules should I be aware of when running a prize promotion?. The British Code of Advertising, Sale Promotion and Direct Marketing (CAP Code) sets out the rules for running prize promotions, including free prize draws; it applies to all marketing communications in print, cinema, video social media and paid online advertising.  What is a free prize draw? In a traditional free prize draw, there must be a free entry route and the winner must be chosen at random or by chance from all valid entries. What is the CAP

Approved Code of Practice (‘ACOP’) L144, entitled ‘Managing Health & Safety in Construction’, is published by the Health and Safety Executive (HSE) and sets out practical advice on how to comply with the Construction (Design and Management) Regulations 2007, SI 2007/320 (‘CDM Regs’). It provides recommended methods of achieving compliance with the CDM Regs, and standards