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NEWS
Law360, London: A London judge has ordered two companies controlled by Yodel's former director to pay £1.5m (US$2m) to the package delivery company as security in defending its claims of equity ownership, noting the stakes of the case were 'very high'.
NEWS
The Planning Inspectorate has announced that the Yorkshire GREEN development application has been granted consent, following the submission by the National Green Electricity Transmission (NGET) on 15 November 2022, which was accepted for examination on 8 December 2022. Recommendations were then made to the Secretary of State on 14 December 2023. The project is a proposed reinforcement project comprising a new 400kV and 275kV electricity transmission connection and associated development. This is also the 134th Nationally Significant Infrastructure Project and the 79th energy application to have been examined within the timescales in the Planning Act 2008.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the cancellation of the investigation on 2 November 2020 after the abandonment of the transaction; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated acquisition by Yorkshire Purchasing Organisation of Findel Education Limited. The parties overlap in the supply of a wide range of educational resources such as stationery, furniture and art and science materials to different types of educational institutions in the UK. Latest developments On 2 November 2020, the CMA formally cancelled its phase 2 investigation after Yorkshire Purchasing Organisation decided to abandon the proposed transaction. Parties • Yorkshire Purchasing Organisation (YPO): YPO is a public sector buying organisation which operates under the Local Authority (Goods & Services) Act 1970 and is governed by 13 ‘Founder Member’ local authorities which control YPO in equal parts. The Council of the City of Wakefield acts as the ‘Lead Authority’ of YPO. The other 12 Founder Member local authorities are: (i) Barnsley Metropolitan
NEWS
The Insolvency Service has announced the sentencing of a Yorkshire builder and a Devon builder for acting as a director while bankrupt and for forcing a couple to live in a mobile home respectively. Steven Kerrigan, from West Yorkshire, dissolved his company in February 2017 but failed to inform all creditors, who were unable to pursue the company for funds owed. Kerrigan was sentenced to a 12-month community order, 150 hours of unpaid work and has been disqualified as a company director for two years. James Prentice, from South Devon, took over £271,000 to build a retirement home for a couple despite Bankruptcy Restrictions Undertaking terms stipulating that he could not take more than £500. Prentice was later dismissed and the couple paid a further £256,000 to another builder to finish the job, while they resided in a caravan. Similar situations occurred several other times and Prentice did not tell any of his victims of his bankrupt status. Prentice was sentenced to six months imprisonment suspended for two years, 150 hours of unpaid work and ordered to pay £4,500 compensation to all his victims.
FLOWCHARTS
This flowchart replicates HMRC's flowchart 4 in paragraph 5.24 of the Guidance note on residence, domicile and the remittance basis: RDR1. It can be consulted where the taxpayer has a clear intention
GLOSSARY
A provision in a facility agreement under which the commitment of a lender that does not respond to a borrower request for a consent, amendment or waiver within a specific time period is discounted when calculating whether the necessary lender majority has been obtained.
FLOWCHARTS
This flowchart replicates HMRC's flowchart 3 in Guidance note on residence, domicile and the remittance basis: RDR1. It can be consulted where the taxpayer was born outside the UK and has no firm plans,
FLOWCHARTS
This flowchart replicates HMRC's flowchart in paragraph 5.24 in the Guidance note for residence, domicile and the remittance basis: RDR1 and follows on from Flowchart 1. It can be consulted where the taxpayer's father was not
NEWS
The Nigeria Very Young Arbitration Practitioners (VYAP) has launched in Lagos, Nigeria. The aim of VYAP is to bring together young arbitration practitioners with a maximum of five years’ post-qualification experience to assist each other with careers and professional development as well as to promote handing down of knowledge and industry experience from experienced arbitrators. VYAP already has in excess of 500 members and organises regular events and networking opportunities for them.
NEWS
Local Government analysis: The High Court held that, when exercising the discretionary power under section 24A(5) of the Children Act 1989 (ChA 1989), a local authority may, depending on the facts, take into account asylum support available under section 95 of the Immigration and Asylum Act 1999 (IAA 1999), departing from the categorical approach in R (AAM) v Bromley LBC. The court adopted a fact-sensitive framework to avoid statutory ‘deadlock’ between overlapping regimes, confirming that asylum support is only residual where the authority is legally required to act. Practically, authorities must first determine whether exceptional circumstances require support; only if not may IAA 1999, s 95 be considered, shifting strategic emphasis to rational decision-making and potential judicial review challenges. Written by Paul Ridout, partner of HCR Law.
NEWS
Law360, London: Nearly one in three young drivers have bought fraudulent car insurance from criminals on social media, Aviva has said, urging teenagers and early adults to treat 'too good to be true' deals with suspicion despite soaring costs testing consumers.