Articles
April 2013
Rubin and New Cap
In the final analysis, it is considered that these cases should not be a fundamental problem for IP’s as the issues highlighted can be avoided. Indeed, the recent case of “Bilta (UK) Limited v Nazir” [2012] shows this issue in stark contrast where the High Court was willing to apply the scope of section 213 in an extra-territorial context.
What is, however, probably more relevant in the international context, is the proposed amendments to the Regulation. Amongst these are:-
To include “hybrid” (debtor in possession e.g. CVA) and “pre-Insolvency” schemes (restructuring e.g. Schemes of Arrangement) within the scope of the Regulation.
Foreign Creditors are given the right to challenge a decision regarding a company’s COMI.
Secondary proceedings will no longer have to be winding up proceedings, and the Court will be obliged to consider the views of the office – holder in the main proceedings.
There will be a greater obligation on office-holders to consult and coordinate in cases involving the Insolvency of a group of companies in different jurisdictions.
There is to be an internet-based register available to the public regarding insolvencies in each EU Jurisdiction, probably via the European e-Justice Portal (ec.europa.eu.civiljustice)
On 15th April 2013 the UK announced its intention to opt-in to the proposed amendments albeit that it is understood that Schemes of Arrangement will be excluded from the amendments to the Regulation.
For further information, please contact Chris Millar either by telephone on 01306 502225 or by email [email protected]
April 2013
Dismissals by Administrator Were Unfair under TUPE
In Kavanagh and others v Crystal Palace FC (2000) Ltd the Employment Appeal Tribunal found that an employment tribunal had erred by finding that dismissals by an administrator were fair because they were for an ETO reason.
February 2013
Ways to Help Your Care Home Business Grow
Are you are turning residents away because you don’t have enough beds? Extending your care home could be a cost effective option. However, there are many things to consider before embarking on any building project.
February 2013
Claims to the NI Fund: Insolvency is a single event
In the Secretary of State for Business –v- McDonagh & others, the Employment Appeal Tribunal (“EAT”) had to consider when “insolvency” occurred under the Employment Rights Act 1996 (“ERA”) in respect of claims for arrears of pay and holiday pay from the National Insurance Fund (“NIF”).
February 2013
Same Sex Marriages and Pre Nups
With the passing of The Marriage (Same Sex Couples) Bill, which will allow same-sex couples to marry, an important consideration is what happens if they separate and/or divorce? A pre-nuptial agreement between same-sex couples will help to prevent ugly breakups.
February 2013
Prescribed Information Needed for Tenancy Deposit Schemes
A recent Court of Appeal decision acts as an important reminder that a landlord must actually give a tenant all the information prescribed by a tenancy deposit scheme (TDS) and that it is not enough that the information is freely and easily available.
January 2013
More Flexibility For Parents - Are You Ready?
Towards the end of 2012, the Government announced its intention to allow more flexible and family friendly working practices.
January 2013
Promoting Employees - How Restrictive are Restrictive Covenants?
Restrictive covenants that limit what an employee can do after leaving an employer are extremely difficult to get right, especially non-compete clauses, where the employee is limited in competing with the business for a fixed period after termination.
October 2012
Intellectual Property Update
Software Licences - who game is it?
October 2012
Tenancy Deposit Scheme Rules
In April 2007, measures were introduced under the Housing Act 2004 which meant that any Assured Shorthold Tenancy (AST) deposit had to be paid, by the landlord, into one of three Government approved holding schemes within 14 days of receipt and the landlord had to provide the tenant with certain prescribed information regarding the deposit within the same time period.
