Insights & News

Directors and their general duties

Inbrief

02 December 2021

English law imposes on company directors high standards of behaviour and they must put the interests of the company before their own. Their duties are derived from both statute and case law. In addition to general duties, there are extensive specific duties. This is an introductory guide to those general duties.

Enforcing arbitral awards in England & Wales

Inbrief

29 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Droit du travail dans le cadre des fusions et acquisitions — réponses à dix questions

Inbrief

11 October 2021

Dans les fusions et acquisitions (F&A), il peut être difficile de s’y retrouver entre les exigences et les ramifications juridiques de la transaction. Cette publication répond aux dix principales questions que les vendeurs et les acheteurs doivent prendre en compte en matière du droit du travail dans les transactions F&A.

Enforcing a Russian Judgment in England

Inbrief

15 September 2021

It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Russian proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Russian judgment in their favour.

Taxation of payments in lieu of notice

Inbrief

10 September 2021

In April 2018 new rules took effect to ensure that all payments in lieu of notice (PILONs) are subject to income tax and NICs in full. Although the rules emerged from a Government consultation on the simplification of the tax treatment of termination payments, the rules are complex and in many cases increase the costs of both employers and employees.

Hybrid working arrangements

Inbrief

09 September 2021

Following the widespread experience of employees working from home during the Covid-19 pandemic, some employers are starting to implement hybrid working arrangements on a longer-term basis.

Whistleblowing in Northern Ireland

Inbrief

07 September 2021

Workers who “blow the whistle” on their employers have the right not to be dismissed or otherwise penalised as a result.

Termination of employment in Northern Ireland

Inbrief

31 August 2021

Terminating employment can create a plethora of unwanted issues for the employer, including claims of wrongful or unfair dismissal.

Remuneration codes - For banks, building societies and investment firms

Inbrief

20 August 2021

Since the 2007/08 financial crisis, the financial services industry has been the focus of wide-ranging reform as a result of both UK government and European initiatives. For banks, building societies and designated investment firms the latest reforms, implementing the fifth set of amendments to the EU Capital Requirements Directive (CRD V), took effect for performance periods beginning after 28 December 2020.

Frequently asked questions on termination payments

Inbrief

19 August 2021

Our FAQs Inbrief looks at some of the common tax questions that arise on termination of employment

Protected and without prejudice conversations

Inbrief

13 August 2021

Employers may want to have “off the record” conversations with employees, especially in relation to a potential ending of employment. It is important to remember that “off the record” is not a legal term.

Misrepresentation: the pitfalls of pre-contract statements

Inbrief

22 July 2021

Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.

Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction

Inbrief

22 July 2021

Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.

A guide to the litigation process in England and Wales

Inbrief

20 July 2021

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

A guide to the litigation process in England and Wales including guidance on the disclosure pilot scheme

Inbrief

20 July 2021

If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute, what litigation involves, the steps from the start of proceedings to trial, what parties to proceedings have to do, the fundamentals of court procedure, how to use legal advisers efficiently and cost effectively, and what happens after judgment.

Adjudication

Inbrief

09 July 2021

Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).

Staffing solutions and the supply of labour

Inbrief

29 June 2021

The supply of labour is a growing area of the UK economy. As employers require more flexible staffing solutions, new business models have emerged offering a range of labour-supply options.

Agency workers

Inbrief

21 June 2021

The Agency Workers Regulations 2010 (“the Regulations”) have had a significant impact on the temporary working industry in the UK .

RE: Occupy - Real Estate FAQs for Tenants during Covid-19

Inbrief

17 June 2021

The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.

Insolvency issues for directors

Inbrief

01 June 2021

All directors owe duties to their companies. When a company is solvent, those duties are paramount but once insolvency is pending, directors must act in the creditors best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.