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Civil way: 17 July 2020

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15 July 2020 / Stephen Gold
Issue: 7895 / Categories: Features , Civil way , Procedure & practice
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Company wind ups wound down; Wrongful trading rightful; More time for companies registration; 
PD51Z back in Court of Appeal

Draftsmen exhausted

Well, they must be, mustn’t they? So long as they don’t take a day off on Bournemouth Beach. And the only thanks they get is from the human rights lobby who tell them their secondary legislation is unenforceable. Their latest marathon is the 50 section 14 schedule fast-tracked Corporate Insolvency and Governance Act 2020. Imagine composing a mix of the Finance Bill and the Commonhold and Leasehold Reform Bill before explosion of a time bomb. The bone dry Pension Protection Fund (Moratorium on Arrangements and Reconstructions for Companies in Financial Difficulty) Regulations 2020 (SI 2020/693) and Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) Regulations 2020 (SI 2020/710) made under the Act are also in force.

Winding down If you can move a job lot of company statutory demands, then go for it. Winding up orders

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NEWS
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NLJ this week: Law Society calls for clarity on AML
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
NLJ this week: Turning corporate liability into opportunity
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
NLJ this week: A prince no more?
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
NLJ this week: Shareholder secrecy sunk
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
NLJ this week: The expanding remit of national security law
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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