Recent News

Points to Consider if you Work Within the So-Called "Gig-Economy"

Addison Lee Ltd are the latest in an increasingly long line of so-called “gig-economy” companies that have fallen foul of the principles set out by Lord Clarke in Autoclenz v Belcher [2011] ICR 1157.

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Case Note

The case of Marex Financial Ltd v Garcia [2017] EWHC 918 (Comm) arose following a judgment made in the Marex’s favour against two companies of which Mr Sevilleja was a director. Rather than satisfy the judgment debt, Mr Sevilleja allegedly transferred some US$9.5 million held in his company’s name out of the companies’ bank accounts and into his own. The result was that, when Marex applied to freeze the companies’ bank accounts, the companies disclosed assets of only US$4,392.48.

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What You (and Your Business) Should or Should Not Be Doing

On 27th April 2017, the Criminal Finances Act 2017 (“the Act”) was given Royal Assent. Part 3 of the Act, when it comes into force on 30th September 2017, will create two new offences under the heading “corporate offences of failure to prevent facilitation of tax evasion”, which will apply in respect of corporate bodies and partnerships (wherever incorporated or formed) and will cover circumstances facilitating tax evasion in the UK and overseas.

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Four Principles to Guide Sole Practitioners Through the Minefield

The Money laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“the Regulations”) came into force on 26 June 2017, and impose a number of obligations on solicitors’ firms. The following are four principles, which appear to set out the intentions underpinning many of the Regulations, that sole practitioners may wish to consider when putting in place the various measures required by the Regulations.

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Why Analysis of Section 2(1) of the European Communities Act 1972 is Fundamental to Determining the Limits of the Exercise of Prerogative Powers

The media has recently been sent into a whirlwind of Brexit speculation following the handing down of the judgment of the High Court of Justice on 3rd November 2016 (“the Judgment”). The Court ruled that it is not within the prerogative powers of the government to serve a notice under Article 50 of the Lisbon Treaty (a procedure which would commence the two-year withdrawal of the UK from the EU), and that Parliament must give its approval before such action is taken. To some, this is the death knell for Brexit that they have been hoping for. To others, it is an example of the judiciary stifling the stated will of the people.

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Guide to What Lawyers Should Be Telling Their Clients - Our Expertise As Lawyers Pre And Post Brexit

It is vitally important that lawyers, and clients, are able to be as proactive as possible in preparing for Brexit. Leaving things too late may result in, at best, playing catch up with the rest of the field. At worst, it may cause irreparable damage to the business of both the firm, and of the clients. In any event, Brexit is an opportunity for the country and therefore, for us as lawyers.

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The EU Succession Regulation (EU/650/2012) (“the Regulation”) came into force on 17th August 2015. The purpose of the Regulation is to harmonise the way in which member States resolve conflict of laws issues when dealing with succession and inheritance matters. The Regulation will apply to Estates where the deceased died on or after 17th August 2015. Although the UK has opted out of the Regulation, it is still vitally important that practitioners and clients alike have regard to it when dealing with an Estate where a person has connections with a country governed by the Regulation. It also hints at a change in the way that habitual residence is to be rationalised.

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