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NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: the launch of a consultation by the Insolvency Service as part of the second post-implementation review of the Insolvency Rules, an analysis of payment of administration expenses and priority of moratorium debts in administration (Re Cross Transport Ltd), a discussion on the Supreme Court decision that the good-faith requirement under section 172 of the Companies Act 2006 extends to a director’s conduct (Saxon Woods Investments Ltd and others v Costa), plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of the significant reforms for tackling fraud proposed by the Crime and Policing Bill, of a judicial review challenging an inquest conclusion of unlawful killing, of the government’s upcoming review of money laundering and terrorist financing risks and of the effectiveness of recently announced measures by the COVID anti-fraud squad. Also included is news of the recently launched consultation by the MoJ proposing significant reforms to private prosecutions and the single justice procedure, of the Sentencing Council’s revised guidelines on imposing community and custodial sentences, of the DBT’s updated guidance on applying for a trade sanctions licence and of the FSA’s updated industry guidance requiring food businesses to provide written allergen information to consumers. All this, and more, in this week’s Corporate Crime highlights.
PRACTICE NOTES
This Practice Note looks at what employers need to do in order to carry out a ‘right to work check’ correctly, including the main steps that should be taken for both online and manual checks, record-keeping requirements and preparing for repeat checks. It also looks at right to work checks for British and Irish nationals using Identity Document Validation Technology via a Digital Verification Service. A right to work check must be carried out before employment commences, to ensure that the employee is allowed to do the work in question. If carried out correctly, an employer will have a statutory excuse against a civil penalty. For further information, including which workers should be checked, see Practice Note: Right to work checks: when and why. This Practice Note sets out the procedure for right to work checks in accordance with the relevant Home Office guidance which came into effect on 26 June 2025. To review whether a historical check was conducted correctly,
PRACTICE NOTES
Background to the client money rules The rules governing how a firm must safeguard and handle client money held in relation to its investment business are found in chapter 7 of the Clients Assets sourcebook (CASS 7), which forms part of the Financial Conduct Authority’s (FCA) Handbook. These rules provide more detail on the FCA's overarching requirement in Principle for Business 10 that 'a firm must arrange adequate protection for clients' assets when it is responsible for them'. This Practice Note describes what does and does not amount to client money, the requirements contained in CASS 7 to pay client money into particular accounts, the need for segregation of that money, and for due diligence in relation to the entities with whom it is placed. It does not cover the way in which client money will be distributed on the event of a firm's insolvency (or 'pooling event'). These issues, which are dealt with by the rules in CASS 7A, are covered in Practice Note: Client money distribution and transfer. Major changes to the client money rules
NEWS
Life Sciences analysis: The In Vitro Diagnostic Medical Devices Regulation (IVDR) (Regulation (EU) 2017/746) becomes applicable on 26 May 2022. Lisa Page, partner, and Mary-Clare Palmer, associate, at Penningtons Manches Cooper take a deep-dive into what changes are introduced, discuss serious challenges to and impact of its implementation on the heels of last year’s Medical Devices Regulation (MDR) (Regulation (EU) 2017/745) and analyse the wider sector impact for EU medical device access and innovation. They also provide a helpful breakdown of the recently amended transitional provisions further to its guidance and consider what next for manufacturers with devices on the market in Europe and the UK.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: COVID-19 business insurance litigation returns with test case appeal; the case of Tyson International Company Ltd v GIC RE, India Corporate Member Ltd (sued as the sole corporate member for Syndicate 1947 at Lloyd's of London for the 2021 and 2022 years of account); UK property insurance claims highest since 2007; an update to the Flood Reinsurance (Amendment) Regulations 2025; UK insurance premium tax haul up 10%, hits record £6.7bn; BoE delivers speech on new stress test approach for banks and other parts of the financial sector; FCA and PRA respond to UK government’s call for regulators to support economic growth; FCA urged to act against high insurance claim rejections; Insurance brokers call for reduced regulatory burden; Why non-financial misconduct should be on firms’ radar; Insurance Europe submits responses to EIOPA's Solvency II review consultations; Closing the gap–EIOPA and ECB announce proposals to close insurance protection gap; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
PRACTICE NOTES
This Practice Note provides guidance on subrogation in the context of insurance. It explains the legal basis, purpose and practical application of subrogation, and outlines how to distinguish rights of subrogation from other rights such as assignment or contribution. It also examines common scenarios, including subrogation against co-insureds, the application of express subrogation clauses and waivers of subrogation. In addition, it addresses the allocation of recoveries and the insured’s duty to co-operate with insurers. What is the right of subrogation? In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose of this Practice Note, ‘insurer’ should be taken to mean ‘(re)insurer’ and ‘insured’ should be taken to mean ‘(re)insured’. The insurer can then exercise any of the insured’s rights or remedies against third parties in respect of the insured event. Once the insured has been indemnified by the insurer,
NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of the Financial Conduct Authority's approach to anti-money laundering compliance failures, of the new tranche of Russia sanctions and the effectiveness of sanctions enforcement, and of the Serious Fraud Office’s agreement to pay out £9 million in damages to ENRC. Also included is news of the new whistleblowing portal launched by the Environment Agency which will allow water industry workers to report serious environmental wrongdoing by their water companies, of the National Crime Agency’s guidance on how to submit suspicious activity reports on the new portal and of the latest prosecution news from the Serious Fraud Office. All this, and more, in this week’s Corporate Crime highlights.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20 October 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Costs Qualified one-way costs shifting (QOCS) The issue before the Supreme Court in Ho v Adelekun was whether it is permissible in claims to which qualified one-way costs shifting applies to order set off of a defendant’s costs against a claimant’s costs. The court unanimously held that, as a matter of construction, set off in this context was a species of enforcement and therefore precluded where it exceeded the cap reflecting the sum of any orders for damages and interest made in favour of the claimant. Therefore, where there is no such order (eg because the claim concludes by settlement rather than by order, or is dismissed), a defendant cannot recover any of its costs absent some other exception
PRACTICE NOTES
Pre-emption rights on allotment give each of a company's shareholders a mechanism to protect themselves from the dilution of their percentage shareholding in the company, where that may result from an allotment of shares, the grant of rights to subscribe for, or to convert securities into, shares or a sale of treasury shares in that company. This Practice Note covers the pre-emption rights that apply to an allotment of equity securities by an AIM company or a listed company, with a particular focus on those with a listing of equity shares in the equity shares (commercial companies) category. There are statutory pre-emption rights, which apply to all companies and are set out in the Companies Act 2006 (CA 2006). In addition, there are pre-emption rights set out in the UK Listing Rules (the UKLRs), which apply to certain listed companies, including a company listed in the commercial companies category. There may also be pre-emption rights set out in a company’s articles of association or any shareholders’ agreement to which the company is a party. It
NEWS
This week's edition of Public Law weekly highlights features enhanced coverage of the Attorney General’s new legal risk guidance for government lawyers. It also includes selected Brexit headlines, including analysis of the Supreme Court’s ruling in SkyKick, updates on progress made by continuing UK-EU workstreams, as well as post-Brexit guidance and SIs. Case analysis this week includes details of the latest judicial review, equality and human rights and information law cases. This edition further includes updates on constitutional and administrative law, subsidy control and State aid, and State security and intelligence.
NEWS
Welcome to this week’s edition of the In-house weekly highlights, a curated summary of news analysis and new content from across the legal landscape. These highlights focus on key risk & compliance, commercial, corporate, information law and employment developments that will be relevant to most in-house lawyers.