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Author Archives: Alice Heathfield
HMRC and furlough fraud
The Coronavirus Job Retention Scheme (Scheme) has supported over nine million jobs in the UK and is due to end on 31 October 2020, having cost the Treasury over £30 billion. As the Scheme begins to wind down HMRC is …
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Another crypto-sham or simply a failed start-up?
On 28 July 2020, the High Court upheld a worldwide freezing injunction in a case of alleged investment fraud involving a Blockchain company and large volumes of crypto-assets. In the case of Blockchain Optimization S.A. and Petrochemical Logistics Ltd v …
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Beware the return of the Crown Preference
The Finance Act 2020, which received Royal Assent on 22 July 2020, will partially restore HMRC’s position as a preferred creditor in insolvencies from 1 December 2020. Crown Preference was abolished in 2002, leaving HMRC to rank equally with unsecured …
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Sanctions Update: Appeal dismissed in Lamesa Investments Limited v Cynergy Bank Limited
Background Last year, the High Court held that UK based retail bank Cynergy (“Defendant”) could cease to make interest repayments under a loan facility with Lamesa Investments (“Claimant”) due to the real risk of facing US secondary sanctions. The Claimant’s ultimate beneficial owner, Mr Vekselberg, had been placed on the US list of “Specially …
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Croudace Homes Ltd v PRB Wiring Solutions Ltd: Timing important when challenging adjudicator’s fees
The TCC has confirmed in Croudace Homes Ltd v PRB Wiring Solutions Ltd [2020] EWHC 2139 (TCC) that a party intending to challenge the reasonableness of an adjudicator’s fees, should take effective action to do so and in any event …
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Wirecard – has the German financial regulator lost its immunity?
Wirecard’s collapse – the activities of BaFin (and the FCA) Valued at over €20 billion less than 2 years ago, the financial technology group’s share price plummeted by a dramatic 95% in a matter of days in June this year, …
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Making an Impact – The value of a Data Protection Impact Assessment
Even the UK government has apparently overlooked the implications when designing its track and trace programme. Article 35(1) of the General Data Protection Regulation (GDPR), as applied in the UK under the Data Protection Act 2018, states: Where a type …
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CORONAVIRUS UPDATE: Returning to the workplace safely
1) Carry out a Covid-19 risk assessment You should identify work activity and situations that might cause transmission of Covid-19, think about who could be at risk, determine how likely it is that your workers could be exposed to the …
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Privacy Shield invalidated: what this means for your data flows to the US
Last Thursday, in a landmark decision, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield, the EU-US agreement that allows unrestricted transfers of personal data from the EU to over 5,000 certified organisations in the US. The …
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Brief update: Business Interruption Insurance – FCA files a Reply in the Test Case
The FCA has filed a very extensive Reply[1] (35 pages) to the insurers’ Defences in its business interruption (BI) insurance test case, alleging broadly that the eight defendant insurers are seeking to deprive BI cover clauses of their plain and …
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