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2489 items

03 Jan 2025

Force majeure and alternative performance

Does a non-defaulting party have to accept an offer for alternative contractual performance where a force majeure clause is engaged?

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03 Jan 2025

Our top ten property law cases of 2024

We bring you our top 10 property law cases of 2024, carefully selected by our real estate disputes team.

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23 Dec 2024

The debate concerning Christmas Markets – should they fall within the scope of the proposed Protect Duty?

The tragedy at Magdeburg Christmas market in Germany on the evening of Friday 20 December 2024 took place over 3 minutes apparently by a lone attacker driving a rented car, who as a psychiatric doctor, did not fit a typical profile. The targeting of Christmas markets particularly in Germany and France over the last decade, highlights that venues where people gather during festival periods present a heightened risk.

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20 Dec 2024

Human says no, AI says more data please

Consultation proposes amendments to UK copyright and database right law to balance the interests of the AI and creative industries

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20 Dec 2024

UK Government publishes Clean Power 2030 Action Plan

The UK Government has published its Clean Power 2030 Action Plan. Building upon a key Labour Party Manifesto commitment, the Action Plan sets out a wide ranging and ambitious suite of measures aimed at ensuring that electricity will, by 2030, be generated entirely from “clean” sources.

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19 Dec 2024

Top business rates cases of 2024

After a dearth of cases in 2023, 2024 has proved to be a more fruitful year for litigation in the rating world.

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18 Dec 2024

The Supreme Court judgment in Hirachand v Hirachand and what it means for claims under the 1975 Act

After keeping the contentious probate world on the edge of its seat for many months, the United Kingdom Supreme Court (UKSC) has handed down its judgment in the Hirachand case. However, is it a confirmation of the new order or a return to the status quo? 

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17 Dec 2024

Mira wins patent infringement claim against Triton: a summary

Following Mills & Reeve’s successful representation of market leading shower manufacturer Kohler Mira (Mira) in its patent infringement claim against Norcros Group (Triton), this article provides a brief background and summary of the claim.

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16 Dec 2024

DORA: The countdown to 2025 for financial firms and ICT service providers

The new Digital Operational Resilience Act (Regulation (EU) 2022/2554) (DORA) framework focuses on ICT risk and maintaining operational resilience when information and communication technology (ICT) services are being delivered to regulated firms in the financial sector.

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16 Dec 2024

Injunction granted against presentation of winding up petition

Injunction granted against the presentation of a winding up petition where there was a genuine and substantial cross-claim, even though there was insufficient detail to allow the cross-claim to be properly pleaded.

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16 Dec 2024

Owner managed and family businesses: a cautionary tale

What happens to shares on the death of a shareholder can often quickly become contentious, and can cause significant disruption and associated expense for owner managed and family businesses.

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16 Dec 2024

Knowledge not relevant to transaction to defraud

The court rejected an argument that for a claimant to establish that a transaction was a transaction to defraud creditors, the transferor had to have knowledge of the claims of the “victims” at the time of the transaction.

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16 Dec 2024

Five-year extension for administration

The court grants five year extension for administration, deciding that it was in the best interests of the creditors where shorter, piecemeal extensions would likely increase costs of the administration.

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16 Dec 2024

Variation to convening meetings

The court approved a variation to a convening order to allow for four creditors’ meetings (rather than two) in circumstances when not all creditors had given written consent to the proposal.

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16 Dec 2024

Bankruptcy proceedings against non-dom debtors

The case of Jones v Aston Risk Management Ltd provides a handy reminder of conditions relevant to the service of statutory demands and bankruptcy petitions on those residing and operating outside of England and Wales.

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16 Dec 2024

Special administration distribution plan approved in part

A distribution plan proposed by the special administrators of an investment bank was approved to enable returns of client money, but the court did not approve a retention intended to act as a litigation reserve.

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16 Dec 2024

Restructuring plans: The Cineworld restructure

Applications for injunctions by two landlord creditors seeking to enforce undertakings given by Cineworld not to make further amendments to their leases through a future restructuring plan were rejected by the court.

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13 Dec 2024

Protection of workers and the public at premises and events (Martyn’s Law)

The threat level from terrorist acts in the UK is currently ‘substantial’, meaning an attack is likely. The government’s counter-terrorism strategy (CONTEST) recognises that a domestic threat ‘is less predictable and harder to detect and investigate’.

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