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Civil Way: 2 October 2020

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01 October 2020
Issue: 7904 / Categories: Features , Procedure & practice , Civil way
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Winding down; Taxman to retake priority; Possessions: very latest; Mauve is in

LAWBITES

* An extension from 30 September 2020 to 31 December 2020 of winding up petition restrictions is among the measures provided for by the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2020 (SI 2020/1031). Further regulations (SI 2020/1033) bring certain temporary moratoria provisions to a summary end on 01 October 2020.

* The Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020 (SI 2020/983) restore to HMRC some respectability in individual and corporate insolvencies in the UK as from 1 December 2020—and some cash. The loss of the crown preference in 2003 has led to HMRC writing off around £3.5bn per annum. Under the regulations it will rank as a secondary preferential creditor, below fixed chargees but above unsecured creditors and floating chargees, for tax deducted under PAYE and the construction industry schemes, employee national insurance contributions and student loans. The Finance Act 2020 gave it the same ranking for VAT.

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NEWS
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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'
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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
NLJ this week: Trauma-informed pro bono
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
NLJ this week: When leases last hours
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
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RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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