Month: November 2021

25.11.21

SRA consults on drastically increasing its powers to impose financial penalties

The Solicitors Regulation Authority (SRA) has initiated a consultation into the use of its internal powers to issue fines to firms and individuals. Under the current regime, the SRA is able to impose a maximum fine using its internal powers of up to £2,000. If it considers that a greater financial penalty would be warranted…

Can I be forced to incriminate my loved ones?

One disturbing truth about violent offences is that, the majority of the time, they occur between two people who know each other. In 2019-2020, 43% of violent crime was committed by an acquaintance, 16% was categorised as domestic violence and only 41% committed by a stranger. Indeed, there were 200,000 of these ‘domestic’ violent offences…

24.11.21

Alistair Parker discusses ‘Harper’s Law’ on BBC Radio 5 Live Drive

Alistair Parker, a solicitor in Brett Wilson LLP’s Regulatory and Criminal Law Department, has been interviewed on BBC Radio 5 Live Drive about the government’s proposed introduction of life sentences for offenders who kill emergency services workers whilst committing crimes. The interview can be found here at 24’05”.

22.11.21

Should litigants in person get less leeway in libel cases?

The question of how much leeway a litigant-in-person should get when it comes to compliance with the Civil Procedure Rules (‘CPR’) and court orders is a long-argued and fraught one.  The concept of litigants-in-person being treated in the same way as those professionally represented has been eroded over time with concessions here and indulgences there….

‘Fresh Evidence’ in Regulatory Appeals

In Narayanasamy v Solicitors Regulation Authority Ltd [2021] EWHC 2918 (Admin), the Appellant exercised his statutory right of appeal against a decision by the Solicitors Disciplinary Tribunal (SDT) to strike him off following a finding of dishonesty and other serious misconduct. In seeking to overturn the judgment of the SDT, the Appellant was relying on…

19.11.21

Various Covid-19 restrictions on creditors taking corporate insolvency have ended

We have been monitoring the Corporate Insolvency and Governance Act 2020 (the “Act”) closely since it came into effect on 26 June 2020. Under the Act, as it currently stands, the relevant period of the temporary restrictions and moratorium periods can be extended pursuant to the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of…

An introduction to directors disqualification proceedings

Below we discuss common questions that arise when an individual faces the threat of directors disqualification proceedings. When do director disqualification proceedings arise? Below we discuss common questions that arise when an individual is threatened with disqualification proceedings by either the Secretary of State or a liquidator and following disqualification. When do director disqualification proceedings…

Service on directors of UK companies: a practical alternative to the Civil Procedure Rules

In Key Homes Bradford Ltd and others v Patel [2014] EWHC B1 (Ch), the High Court considered the validity of service of a claim form on the director of a UK company, pointing to a practical alternative for service found in the Companies Act 2006 (‘the Act’). In the decision, Master Marsh concluded that section…

9.11.21

Private prosecutions by animal rights charity criticised as ‘profoundly flawed’ by senior judge

A judge has admonished an animal rights charity and its solicitors for bringing a private prosecution ‘with no evidential basis’ and ‘for wholly improper reasons and purposes’ without any regard as to whether any offences had been committed purely to recover ‘grossly exaggerated fees’. The Honorary Recorder of Manchester Judge Nicholas Dean QC issued a…

A liquidator has been appointed to run my company. What does this mean?

What is a liquidator? A liquidator is either an Official Receiver or an authorised insolvency practitioner, who is appointed when a company either chooses voluntary liquidation, or enters compulsory liquidation following a winding-up order. The role of a liquidator is to deal with the affairs of a company that is in the process of being…