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06 November 2015
Issue: 7675 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 November 2015

Directorship less attractive;  final consumer dollop & pains in the neck

DIRECTORS BEWARE

Insolvency law changes which came into force on 1 October 2015 can be found where you would least expect them—in the Small Business, Enterprise and Employment Act 2015 with ss 104 to 106 and 108 to 110 (among others) activated by commencement order SI 2015/1689. The court is given a new power to order compensation in favour of a creditor who has been caused loss due to the conduct of a person for which, following a company’s insolvency (liquidation, administration or administrative receivership will do) they have been disqualified or given an undertaking under the Company Directors Disqualification Act 1986. Proceedings may be avoided or compromised if the person undertakes to pay the compensation. To be taken into account are the amount of the loss, the nature of the conduct and whether any other financial contribution has been made in recompense for the conduct. It is the secretary of state who must take the initiative to go after the compensation and he

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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