Fresh Perspectives

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Fixing up the rules: changes to the fixed recoverable costs regime coming soon to a White Book near you!

Topic: Professional and Financial Risks 20.02.2024 Read more
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Vehicle finance – FOS driving review forward, but is anyone behind the wheel?

Topic: Professional and Financial Risks 08.02.2024 Read more
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Severe consequences: severance of success fee provisions in a CFA not allowed

Topic: Professional and Financial Risks 27.11.2023 Read more
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Navigating professional risks and opportunities facing the legal profession in an ever-changing legal and commercial landscape

Topic: Professional and Financial Risks 17.11.2023 Read more
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Key considerations crime and D&O insurers cannot a-fraud to ignore

Topic: Professional and Financial Risks 15.11.2023 Read more
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Overview of the key risks affecting the Professional and Financial Risks market

Topic: Professional and Financial Risks 11.10.2023 Read more
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What the fix?! Get up to speed in 10 minutes with our new video

Topic: Professional and Financial Risks 29.09.2023 Read more
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Blog

SRA fining powers – putting the SDT out of business?

Topic: Professional and Financial Risks

Published by Graham Reid, Partner and more.

The SRA is on a mission to increase its powers to levy financial penalties. The last 12 months have seen a substantial increase in its fining powers, and a grant of unlimited fining powers in matters relating to financial crime and SLAPPs is imminent. The SRA has now dramatically upped the ante, seeking the power to levy unlimited fines in all cases of serious misconduct. With the Legal Services Board appearing supportive, the proposal has the potential profoundly to affect the enforcement of professional discipline within the profession.

29.08.2023 Read more
Blog

AFMs receive B+ from the FCA: Good but could do better

Topic: Professional and Financial Risks 15.08.2023 Read more
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Directors' duties post Sequana – a differentiating factor?

Topic: Professional and Financial Risks

Published by Matthew Watson, Senior Associate

As expected, the scope of directors' duties whilst a company is in financial difficulties has been the source of further consideration by the Court. The recent case of Hunt v Singh [2023] EWHC 1784 raised the question as to whether, following the Supreme Court decision in BTI 2014 LLC v Sequana SA, a director's duty to take into account the interests of creditors arises where the company is at the relevant time insolvent if a disputed liability comes to fruition. In Hunt, the disputed liability was to HMRC where the directors (wrongly, as it later turned out) believed that the tax scheme they were involved in worked.

11.08.2023 Read more