Commercial Client

  • Government Proposals on Employment Law Reforms

    November 2011 After a number of months of speculation the Government has announced its proposals for the biggest shakeup of employment law for many years. The main proposals (as anticipated by commentators recently) are:- unfair dismissal qualifying...

  • "No Win No Fees" No More

    It is going to be much more difficult to find Legal Advisors who are prepared to act on a "no win no fee" basis from (it is anticipated) April 2012, when the rules regarding the recovery of success fees and ATE premiums are highly likely to change...

  • Do you have a claim against a solicitor?

    Are you a disappointed claimant? Did you lose at trial? Have you been ordered to pay the other party's costs? If so, you may have a claim against a solicitor . It will be of no surprise to anyone that solicitors have certain obligations to their...

  • Flying the Challenge Flag - CVAs and MK Airlines

    Company Voluntary Arrangements (CVAs) have been in the spotlight recently particularly with the recent, well-publicised decision of Miss Sixty UK (Mourant & Co Trustees Limited v Sixty UK limited (in administration) 2010) . In this case, the High...

  • Administration expenses time-barred in favour of a final distribution of assets

    Re WW Realisation 1 Ltd (in administration) 2010 EWHC 3604 (ch) The High Court exercised its power pursuant to Paragraph 63 of Schedule B1 of the Insolvency Act 1986 to give directions to the administrators which permits them to make a final...

  • Clarity around Pre-packs and the Application of TUPE Reg 8(7)

    Oakland v Wellswood In OTG Ltd v Barke and others UKEAT 0320/09 the Employment Appeal Tribunal (EAT) declined to follow its earlier decision in Oakland , preferring an "absolute approach" that administration proceedings will not attract...

  • Administrators denied ability to recover costs as administration expense

    (Capitol Films Ltd (in administration) [2010] EWHC 3223 (Ch)) In correlation with the principles applied by the Courts in liquidation cases, the High Court recently prevented administrators from recovering their remuneration and costs as an expense of...

  • Workplace pensions revolution

    From October 2012, there will be a big change to employee pension schemes – with significant financial and administrative implications for employers . The Pensions Act 2008 means that employers will have to enrol jobholders into a pension scheme and...

  • Employment law update - Abolition of default retirement age - 6 April 2011

    Julia Stirling of Healys LLP employment law team in London summarises the latest news The Government has now (1 March) issued draft regulations on the abolition of the retirement age (a second draft after problems with the first draft were spotted): The...

  • Update TUPE will apply to administration sales/ pre-pack sales

    In respect of TUPE – Transfer of Undertakings (Protection of Employment) Regulations – insolvency and pre-pack administrations the Employment Appeal Tribunal has held in the case of: OTG Ltd v Barke and...

  • Healys challenges MK Airlines

    Healys LLP recently successfully challenged the approval of a Company Voluntary Arrangement (CVA) which was proposed by directors of a cargo freight airline – MK Airlines Limited. Healys’ insolvency team, lead by Melanie Badain, advised a...

  • Risk of Fraud set to Increase

    According to a recent publication by PwC (PricewaterhouseCoopers), we may see an increase in fraud as a result of the proposed cuts in public sector spending. Employees facing the threat of redundancy and suppliers who risk losing their contracts are more...

  • Challenging CVAs

    Melanie Badain, of Healys' insolvency law team in London , looks at a High Court judgement regarding Company Voluntary Agreements and the successful challenge of a CVA put forward by directors of an East Sussex-based airline.   (London December...

  • Office party pitfalls in employment law

    The legal pitfalls of the office Christmas party and how employers can avoid later repercussions. Minimising the Risks of Mistletoe Minefields! As Christmas approaches, many Companies have decided to arrange a party for staff. However, whilst some...

  • Cyprus Property EU Unfair Commercial Practices Directive

    London November 2010 Healys' international law partner Chris Christofi discusses Cyprus property law. International law – Cyprus property problems The provisions of The Unfair Commercial Practices Directive 29/2005/EC, which was introduced...

  • Default Retirement Age to be scrapped

    Healys' specialist employment law solicitors in London and Brighton take a look at the law surrounding retirement age and the proposed phasing out of Default Retirement Age. Currently (October 2010), employers can retire employees at age 65 by giving no...

  • Dispute resolution case stemming from transfer of assets

    The Healys dispute resolution team in London recently acted for a minority shareholder of an estate agency business in relation to a potential claim against the company's directors and other shareholders following the transfer...

  • Have you been let-down?

    If you consider that you have been let down by a professional (whether that be your solicitor, accountant, architect, valuer or by someone practising in any other profession), you may have a claim in professional negligence. If so, you may be able to...

  • E-Litigation in Commercial Law

    Healys' commercial litigation solicitor, Carolyn Wilson, explores how hopes of the "paperless Court file" are progressing. The English Court has taken a long-awaited step into the 21st century by enabling parties to commence and progress...

  • VAT on Business Assets With Private Use

    It is very commom for a smaller business to have assets which have been acquired which are used for both business and private use. Traditionally, this could be dealt with either by claiming only the percentage of the input VAT which corresponded to the...

  • Tips for Business Borrowers

    With the economy seeming to be slowly improving, businesses will be thinking about financing the expected expansion of trade. Borrowing cost often dominates the thinking, but it isn’t all about the cost of the loan. In order to negotiate the right...

  • Companies Act Model Articles - Think First

    Since the Companies Act 2006  came into effect, the incorporation of a company has been straightforward as the Act provides an easy to use set of model articles of incorporation. However, before you rush off and buy an ‘off the...

  • Registering a Trade Mark

    Your business has its own unique brand and reputation and it is vital in a competitive marketplace to ensure that these are protected from unscrupulous third parties. Some business owners do not believe there is any point in registering their trading or...

  • Sham redundancy can't hide age discrimination

    "younger, entrepreneurial profile" = age discrimination Mr Achim Beck, a 42 year old banker, has won an age discrimination claim against the Canadian Imperial Bank of Commerce (CIBC) after the firm made him ‘redundant'. Mr Beck was head of...

  • Stigma damages possible in discrimination proceedings

    In Chagger v Abbey National plc the Employment Appeals Tribunal handed down guidance when calculating financial loss in discrimination cases. The Court of Appeal held that when an employee is dismissed on discriminatory grounds, the dismissing employer...
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