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Insolvency

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Sophia Purkis & Judith Davidge examine proposals to hold unscrupulous directors to account: do they go far enough?
Legislative proposals to hold delinquent company directors to account are a step in the right direction but do they go far enough?
Profession remains resilient in the face of COVID-19
HM Courts & Tribunals Service (HMCTS) has updated its Money Claim Online user guide.
The Conference on European Restructuring and Insolvency Law (CERIL) has reported that a CERIL Working Party conducted a survey on issues of international jurisdiction for individual legal cross-border actions that ‘derive directly from public collective insolvency proceedings and are closely linked with them’. 
The Parliamentary Under Secretary of State at the Ministry of Justice, Lord Wolfson, has approved and signed a temporary Insolvency Practice Direction (TIPD) on behalf of the Lord Chancellor.
An agreement scheduled to a Tomlin order can be a regulated consumer credit agreement and therefore unenforceable if there was non-compliance or the creditor was not authorised, the Court of Appeal has held.
Money owed to debtor can be set off against amount to be repaid
By Monica Barton, Lorène Sani and Delphine Zhuang of international law firm Winston & Strawn
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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