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

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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

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Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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