Yearly Archives: 2020

Coronavirus: Court confirms administrators may adopt contracts of furloughed employees

Background Under the Scheme, furloughed employees, whose services cannot be used due to the current COVID-19 pandemic, will not be permitted to work for their employer during the period of furlough but the employer will be able to apply for …

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Immigration – New Guidance on The Points-Based System

Despite an overhaul of the UK’s immigration policy being a cornerstone of Boris’ Brexit strategy, details on a new system have so far been few and far between. However, the government has now released a new guidance note (9 April …

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Coronavirus: How is the payments sector reacting to the fall-out from Covid-19?

Payments for goods and services which are made by credit or debit card are generally processed by one or more financial intermediaries prior to the funds being settled in a merchant’s bank account.   These intermediaries, sometimes known as payment processors, …

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Banks’ refusal to reimburse victims of fraud

In May 2019, many of the UK’s largest banks and building societies signed up to a voluntary code requiring them to reimburse customers who are victims of fraud except where the customers have been grossly negligent.However, according to the Payment Systems Regulator (PSR), it now appears that many of the banks are taking a very restrictive approach to their obligation to reimburse defrauded customers. From the PSR’s data, it appears that the most generous bank has provided full refunds to 6% of its defrauded customers and partial refunds to 93% of them (rejecting 1% of claims). Whereas the least generous bank has only fully refunded 1% of its customers and given a partial refund to 3% of them, meaning that it has rejected 96% of the claims.This is disappointing news at a time when authorised push payment fraud is on the rise. It also flies in the face of the obligation which the banks themselves signed up to last year. As a result, the PSR is calling for reform of the code. This call for reform also comes on the heels of comments made by the Treasury Committee in November 2019 expressing their view that the code should be made compulsory for all banks and should have retrospective effect back to 2016 meaning that customers could claim a refund for frauds which were carried out up to four years ago.

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Landlord advice following retail tenant CVA

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Fraudulent trading and misfeasance claim

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High-net worth individuals with complex off-shore interests defending bankruptcy petitions

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Coronavirus: Key Employment Considerations for Private Households

As the COVID-19 pandemic develops, employers face the ongoing challenge of ensuring compliance with the latest government guidance. This requirement doesn’t just apply to large organisations but affects employers of all sizes, including private households. We take a look at: …

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Flexible approach taken by Court under Remote Hearings Protocol (COVID-19)

In circumstances where an application was made for an adjournment of a four-day trial involving cross-examination of witnesses, the court showed extraordinary flexibility in seeking to accommodate parties’ circumstances and ensure the proper administration of justice. Hilary Stonefrost (instructed by …

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Coronavirus – HOW WILL IT IMPACT LOAN-TO-VALUE COVENANTS?

Drastic measures implemented to curb the COVID-19 pandemic and the resultant economic disruption are poised to impact a wide range of contractual arrangements, including loan agreements and the covenants contained within them. One of the covenants particularly impacted by any …

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