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NEWS
The Insolvency Service has reported that Artwork Holdings Ltd, formerly Yield Gallery Limited, has been wound up by the High Court following an investigation that began in October 2023. The company, which operated two London galleries claiming to sell works by prominent artists, was found to have provided conflicting accounts of its trading status, maintained inaccurate financial records showing £4.2m in sales but only £2m in bank deposits, and potentially underpaid VAT and corporation tax. Investigators also found the company had improperly obtained a £50,000 coronavirus bounce back loan and failed to register as an art market participant under money laundering regulations. The Official Receiver has been appointed as the liquidator.
NEWS
The Insolvency Service has reported that Ricky Harrison was sentenced to three years and two months in prison and faces a ten-year director disqualification after fraudulently obtaining £200,000 in coronavirus bounce back loans (BBL). Harrison secured maximum-value loans for three dormant companies and overstated turnover for a fourth company when entitled to only £16,000 in total. The director used the funds for personal purposes, including £85,000 for vehicle purchase, contrary to scheme requirements. The prosecution followed the Insolvency Service's investigations into applications made across his four education support companies in 2020.
NEWS
Transparency International UK has published an analysis titled, 'Behind the Masks: Corruption red flags in COVID-19 public procurement', analysing public procurement and contracts issued during the coronavirus (COVID-19) pandemic. Transparency International has identified 135 high-risk contracts with three or more corruption red flags, totalling £15.3bn. Transparency International has proposed that those charged with protecting the purse, including the proposed COVID-19 Corruption Commissioner, should investigate these high-risk contracts identified in the report, as well as proposing that the UK government changes how it does procurement and strengthens its institutional safeguards against impropriety.
NEWS
The Insolvency Service has reported that, Shaun David Dixon, a self-employed electrician, has been subjected to seven years of bankruptcy restrictions after he fraudulently claimed two coronavirus Bounce Back Loans (BBLs) amounting to £23,750 for his company. Dixon also exaggerated his turnover to receive £16,250 more than what he was entitled to. Bankruptcy restrictions now prevent Dixon from acting as a company director without the court's permission and from borrowing more than £500 without disclosing the sanctions—which will be enforced until 16 October 2031.
Q&As
The adjournment at short notice of court hearings is a source of extreme frustration and usually financial hardship for litigants. Where a case is vacated at the last minute, which has become increasingly frequent due to the shortage of district and deputy district judges and the coronavirus (COVID-19) pandemic, a litigant will have spent significant sums to engage counsel and for the preparation of the hearing. This is particularly problematic in family proceedings where the general outcome is that each party bears their own costs. HM Courts & Tribunals Service (HMCTS) does not offer compensation in circumstances where a case is vacated at short notice, and there is no formal application process for such compensation.
NEWS
MLex: The role of UK anti-corruption champion is 20 years old this year, but anniversary celebrations would be out of place: No one has been in post for more than two years, and the new Labour government has been silent on the matter after almost two months at the helm. The government-appointed role has remained empty since June 2022, when John Penrose stepped down after more than four years in the post, as a protest at former prime minister Boris Johnson's rule-breaking during the coronavirus (COVID-19) lockdown.
NEWS
The Parliamentary and Health Service Ombudsman (PHSO) has published a report calling for urgent improvements to the process and communications regarding ‘Do Not Attempt Cardiopulmonary Resuscitation' (DNACPR). The PHSO’s casework and research demonstrates that whilst the coronavirus (COVID-19) pandemic highlighted problems, these continue to persist. Key findings include: (1) a lack of accessible information given at the time or before DNACPR conversations take place; (2) issues with record-keeping and documenting decisions, with up-to-date information not following a patient through the medical system and, (3) a lack of public awareness about CPR and who is responsible for making a DNACPR decision.
NEWS
Hitachi has confirmed that it will end business operations on the Horizon Project which, would have seen nuclear power stations comprising of two units of UK advanced boiling water reactor be developed at Wylfa Newydd in Anglesey, North-West Wales. It was hoped that the Horizon Project would ‘develop Hitachi's nuclear business in the UK and contribute to the energy policy of the UK government, as well as maintaining the business foundation that supports the nuclear industry in Japan’. The project was initially suspended in January 2019 and will now no longer continue due to ‘economic rationality’ and the investment environment becoming ‘increasingly severe’ due to the impact of coronavirus (COVID-19).
NEWS
The European Commission has released guidance for European contracting authorities on using EU law to tackle suspected cases of collusion in public procurement. There has been an increased danger of this during the coronavirus (COVID-19) pandemic, as public authorities have had the need to urgently procure vast quantities of supplies for health services—some companies may attempt to use this to their advantage and artificially control procurement and restrict competition. The guidance provides a concise and ready to use tool for national authorities to combat those issues, and aims to raise awareness among authorities and businesses to show policies and regulations should still be respected.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of Capital Housing v Ealing LBC on landlord overpayment and recovery of housing benefit; Mitterhuber v Hernandez, in which the Upper Tribunal set aside the making of a rent repayment order concerning an HMO; and Bunyan (VO) v Fridays Ltd, in which the court considered whether a free-range egg producer could take advantage of the agricultural exemption from business rates. Case reports include Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point Court, in which the court considered whether BSA 2022 prevented the appellant from recovering service charges concerning liability for safety defects under qualifying leases. It also includes coverage of updated social housing guidance in relation to lifting local connection tests for vulnerable groups, updated guidance on procurement oversight, paused Grenfell supplier debarment investigations on CPS advice, guidance on the English Devolution and Community Empowerment Bill and updated RSHE guidance following consultation. It includes further coverage of Social housing, Public procurement, Governance, Coronavirus (COVID-19), Education, Children’s social care, Social care and Healthcare.
NEWS
This edition of Employment weekly highlights includes: (1) analysis from Nick Chronias, Partner at DAC Beachcroft LLP, David Reade KC and Joseph Bryan, barristers at Littleton Chambers, and Jonathan Tuck, Partner at Baker McKenzie of a Supreme Court decision on rectification of mistakes in collective agreements, (2) an Order setting pay and conditions of school teachers in Wales from 1 September 2024, (3) an employment tribunal decision finding that Bolt app drivers have worker status, (4) the coming into force of the Platform Work Directive, (5) a Court of Appeal decision concerning civil penalty notices under the Immigration Asylum and Nationality Act 2006, (6) the Department for Business and Trade consultation report following consultation with devolved governments on UK-Switzerland professional qualifications recognition implementation, (7) HMRC guidance for employers on reporting the apprenticeship levy and employment allowance, (8) an Equality and Human Rights Commission checklist and action plan for preventing sexual harassment at work, (9) a Financial Reporting Council consultation on updates to the UK Stewardship Code, (10) plans for an ‘omnibus’ EU Regulation to simplify EU sustainability reporting duties, (11) regulations bringing into force the offence of failing to prevent fraud provisions under the Economic Crime and Corporate Transparency Act 2023, (12) lessons for lawyers from the Home Office guidance on the offence of failing to prevent fraud, (13) an EAT judgment on the admissibility of pre-termination negotiations in ‘ordinary’ unfair dismissal claims, (14) Regulations extending temporary justice measures introduced in Scotland during the Coronavirus pandemic for an additional 12 months, (15) an important message from the Employment Tribunal President’s Support Office on the Notice of Change (Notice of Acting) functionality on MyHMCTS for claimant representatives, (16) updated agenda templates for Scottish employment tribunals, (17) a new tracker for employment-related legislation in force in 2023, (18) dates for your diary, (19) updates to our case, consultation and legislation trackers and horizon scanner, and (20) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) a review of what to expect from the new Labour government on employment law, (2) an EAT judgment looking at Coronavirus and Shimizu carry-over claims, (3) the Working Time (Amendment) Regulations (Northern Ireland) 2024, (4) analysis of the proposed changes by the Equality and Human Rights Commission to its technical guidance on sexual harassment and harassment at work, (5) analysis by Elizabeth Ovey at Radcliffe Chambers of an EAT decision about whether fee-paid judges had been treated less favourably in terms of their access to a judicial pension scheme, (6) an EAT judgment about a claim of indirect discrimination concerning the employer’s use of text with small font size, (7) the Co-op’s first pay gap report based on socioeconomic background, (8) an EAT judgment about changes to HSBC’s European Works Council following Brexit, (9) the Working Time (Amendment) Regulations (Northern Ireland) 2024, (10) an update that the Solicitors Regulation Authority has removed the updated guidance on non-disclosure agreements, which we previously reported, and reinstated the previous version, (11) the response of the Senior President of Tribunals to the consultation on panel composition in employment tribunals and the Employment Appeal Tribunal (EAT) and a draft Practice Direction, (12) an EAT judgment about an unless order that wrongly required the claimant to pay an outstanding costs order, (13) a response by the Senior President of Tribunals to the consultation on panel composition in the Employment Tribunals and EAT, accompanied by a draft of the Practice Direction, (14) a Supreme Court judgment about the status of accrued EU law rights (15) the employment priorities of the Hungarian Presidency of the Council of the EU, (16) the EU Corporate Sustainability Due Diligence Directive, (17) updates to our consultation and legislation trackers and our horizon scanner, and (18) new Q&As.