News & Events
News & Events
The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive the economic shock caused by Covid-19, together with important reforms to insolvency. In this article Saaman Pourghadiri of Outer Temple Chambers and Meriel Hodgson-Teall and Daniel Mills of Enyo Law consider what those measures mean for directors and suppliers to companies. This article updates a note Saaman, Meriel and Daniel wrote when measures to assist businesses were first announced. That note can be found here. Overview of the Bill The Corporate Insolvency and Governance Bill (the “Bill”) introduces temporary measures to respond to the Covid-19 crisis and permanent additions to the UK insolvency regime. As at the…
Covid-19, Commercial during Covid-19 3 Jun, 2020
In more Covid-19 related business news, the Government will amend the UK Insolvency Act 1986 to temporarily suspend provisions relating to wrongful trading by UK directors to help them to tackle these extreme trading conditions without the threat of personal liability. Saaman Pourghadiri has collaborated with Meriel Hodgson-Teall and Daniel Mills of Enyo Law to analyse the proposed suspension of wrongful trading provisions & Directors continuing liabilities and duties. Amongst a set of far-reaching new measures designed to ease the pressures and impact of the COVID-19 pandemic on UK businesses, the UK Government recently announced its intention to temporarily suspend provisions relating to wrongful trading by directors of UK companies. The measures, implemented by way of amendment to the UK…
Covid-19, Commercial during Covid-19, Commercial, News 28 Apr, 2020
Despite working tirelessly in the current crisis, families of locum doctors could miss out on death benefits if they die on a much needed day off. A quirk in the rules of the NHS Pension Scheme 1995, as interpreted by the High Court in Sanderson v NHSBA [2019] EWHC 2900 (Ch), means that the relatives of locum doctors may suffer from significantly reduced death benefits if they die on a day they are not in fact working. Given the enormous contribution NHS staff are making in the current crisis, Keith Bryant QC and Saaman Pourghadiri summarise the Sanderson decision and explores the extent to which the same conclusion would apply to the 2008/2015 NHS Pension Schemes. The Problem – The…
Covid-19, News, Private Client & Trusts during Covid-19 7 Apr, 2020
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses Read the full guidance…
Covid-19, Commercial during Covid-19, Commercial, News 1 Apr, 2020
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact of Covid-19 is enormous but the pandemic will also have profound short and long-term economic effects. In response to various enquiries over the last few days, Andrew and Saaman have constructed a guidance note looking at some key elements in construing Force Majeure (FM) clauses and the common law doctrine of frustration before considering Material Adverse Change (MAC) clauses. Whether Covid-19 and the global response to it fall within FM or MAC…
Covid-19, Commercial during Covid-19, Commercial, News 30 Mar, 2020
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