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The Government is starting to pull off the debtor protection plaster

Author headshot imagePosted by , Senior Associate

orporate Insolvency and Governance Act 2020

Throughout the pandemic, the Government put into place legislative measures with the enactment of the Corporate Insolvency and Governance Act 2020. The aim of the legislation was to help and protect businesses and commercial tenants struggling financially due to Covid-19 by preventing the use of certain remedies.

As of 1 October 2021, some of that protection will be gone.

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The tell-tale signs your business has been mis-sold an energy contract

Author headshot imagePosted by , Partner
Contributing authors: Nicola Radcliffe

Commercial energy brokers are not regulated meaning their conduct is not controlled by legal guidelines or codes of conduct. While many brokers do help companies to manage and improve their energy consumption at competitive prices, some “rogue” brokers are encouraging businesses to enter into poor-value deals with suppliers.

The suppliers then pay the brokers substantial commission which can be significantly above the market rate or stated commission rates.

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Data breach litigation – What now for claims management companies?

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Contributing authors: Tom Llewellyn

The High Court has recently handed down judgment in the case of Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may reduce the growing number of data breach litigation by claims management companies (“CMCs”).

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Consumer protection from misleading advertising – the Brewdog gold can controversy

Author headshot imagePosted by , Partner

Last month it was reported that the Scottish brewer “Brewdog” had got itself into a potential pickle following its “solid gold” beer can promotion.

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Too late to challenge a solicitor’s costs?

Author headshot imagePosted by , Associate

For a client facing a summary judgment application in relation to unpaid solicitor’s costs, the fact that they have lost the opportunity for a Solicitors Act assessment is not necessarily the end of the road.

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Restructuring Plans and Bluecrest stays

Author headshot imagePosted by , Senior Associate
Contributing authors: Paola Cuffolo

Restructuring

Throughout the pandemic, the Government put into place legislative measures with the enactment of the Corporate Insolvency and Governance Act 2020 to help and protect businesses and commercial tenants struggling financially due to Covid-19 by preventing the use of certain remedies.

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Injunctions – what they are and when they’re used

Author headshot imagePosted by , Senior Associate
Contributing authors: Josh Craig and

Injunctions are the “nuclear weapons” in the armoury of the court. This note aims to provide a brief overview of what they are, and when they might be used.

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Playing the game – the Monopoly trade mark that is!

Author headshot imagePosted by , Partner

Monopoly needs no introduction. Who hasn’t played the internationally recognised board game, whether the original version set around the streets of London (UK version) or one of the many reincarnations thereof?

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What does ‘Breathing Space’ mean for debt recovery?

Author headshot imagePosted by , Senior Associate
Contributing authors: Paola Cuffolo

Breathing spaces

On 4 May 2021, the Government will be launching the Debt Respite Scheme (Breathing Space) in order to grant those with problem debt the right to some protection from creditors. While this is timely in terms of those for whom Covid has seriously impacted their finances, the scheme is actually part of a much wider picture of helping debtors to pay off their creditors under less stress.

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Monitoring staff at work and at home

Author headshot imagePosted by , Partner
Contributing authors: Josh Craig and John Nevin

Banking and financial services businesses have for many years monitored the work patterns and behaviours their staff. Since the coronavirus pandemic and the subsequent seismic shift in working patterns, we are now seeing an increasing number of employers monitoring their staff in their own homes.

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Business interruption insurance (BII) update: Covid-19 not classed as ‘a plague’ for the purposes of insurance cover

Author headshot imagePosted by , Partner
Contributing authors: Tom Llewellyn

We have now seen the judgment in the FCA’s test case applied in practice. Businesses with insurance policies with Travelers Insurance Company should beware.

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Shellfish, ham sandwiches, or court documents: which can you take into the European Union post Brexit?

Author headshot imagePosted by , Trainee Solicitor

What can you bring into the EU?

From the vote on 23 June 2016 to the end of the transition period on 31 December 2020, it took three and a half years, but Brexit has happened. With the no deal scenario prevented at the last minute, what has the fallout been so far?

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