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Having gone through an accelerated parliamentary process, the Corporate Insolvency and Governance Act 2020 came into force on 26 June, 2020 having been given Royal Assent on the 25 June, 2020. It introduces the most significant changes in corporate insolvency law for nearly 20 years and has been introduced in response to COVID-19. Its main aim is to assist companies and directors by providing businesses with the flexibility and breathing space they need to continue trading during the difficult time caused by COVID-19. The key insolvency related reforms included in the Act are: - New moratorium outside of a formal insolvency process - New restructuring plan - Prohibition on issuing statutory demands and winding up petitions in connection with Covid-19 related debts - Retrospective suspension of wrongful trading - Protection of supplies of goods and services
Having gone through an accelerated parliamentary process, the Corporate Insolvency and Governance Act 2020 came into force on 26 June, 2020 having been given Royal Assent on the 25 June, 2020. It introduces the most significant changes in corporate insolvency law for nearly 20 years and has been introduced in response to COVID-19. Its main aim is to assist companies and directors by providing businesses with the flexibility and breathing space they need to continue trading during the difficult time caused by COVID-19. The key insolvency related reforms included in the Act are: - New moratorium outside of a formal insolvency process - New restructuring plan - Prohibition on issuing statutory demands and winding up petitions in connection with Covid-19 related debts - Retrospective suspension of wrongful trading - Protection of supplies of goods and services
The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
Cross-Border Insolvency, 4th edition provides a comprehensive and up to date consideration of the topic of cross border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law. The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off. The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including: The impact of the Supreme Court decision in Rubin v Eurofinance; The revised UK Insolvency Rules; Proposals for revision of the EC Insolvency Regulation; Scope of section 426 – HSBC v Tambrook Jersey; Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI); Kelmsley v Barclays Bank PLC. Previous print edition ISBN: 9781845921040
Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.
Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.
This fully updated new edition covers important new case-law and recent developments
The UK Anti-Bribery Handbook, Second Edition (formerly Bribery: A Compliance Handbook) is a guide to the Bribery Act 2010 and related cases, and acts as a reference point for those concerned with the risks arising from corrupt activities. Covering each of the principle offences, it enables the reader to implement adequate procedures to prevent bribes being paid. It contains practical guidance for those who are either conducting or facing investigations, and for those who may become the subject of a prosecution. The Second Edition includes: A revised internal investigations chapter co-authored by Sam Tate and Stephen Storey, Group Head of Ethics & Integrity at Compass Plc A new chapter by the former global head of anti-corruption at HSBC, Susan Scott, on corruption risk in regulated entities An updated chapter on Adequate Procedures setting out the latest compliance trends and expectations The UK Anti-Bribery Handbook provides checklists, case studies and relevant forms. It helps the reader to understand the key requirements of an internal investigation, to make practical updates to a corporate compliance program, and to review policies and procedures including those relating to gifts and entertainment. This is essential reading for in-house lawyers, compliance professionals and Board members who, post-Bribery Act, are ever more likely to be engaged with difficult practical issues and choices. Sir Keir Starmer, in the Foreword to the 1st edition, highlighted that: 'One of the great strengths of this book is the way the authors blend good practical legal advice, genuine insight about the attitude and approach to the authorities in the UK, and off-the-shelf polices to help corporate bodies navigate their way through theses often difficult waters...The game has changed and those who ignore the practical advice offered in this book do so at their own peril'.
The Law of Assisted Reproduction, Second Edition examines the impact of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and the ongoing controversial issues that surround it from legal, ethical, moral, social and medical points of view. It also examines the contribution of Parliament in fashioning the legal provisions in the amended legislation. The second edition is updated to cover: - Abortion controversy and the current law in England and Wales - New case law on parentage of children born from IVF - ECHR case law concerning embryo research and fertility treatment - The Human Fertilisation and Embryology Act 1990 - the birth of the Human Fertilisation and Embryology Authority - The NHS IVF postcode lottery - Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 - The Supreme Court case (In the matter of an application by the Northern Ireland Human Rights Commission for Judicial - Review (Northern Ireland) [2018] UKSC 27) on NI abortion law compatibility with ECHR - Sarah Ewart case - Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) - Parillo v Italy - Re A and others (Human Fertilisation and Embryology Act) - Consideration of ECHR dimensions The second edition also contains new chapters on: - Abortion law developments in Northern Ireland and the Republic of Ireland - Controversies relating to fertility treatment, embryonic research and abortion - Three parent Children-Mitochondrial Donation - Consideration of the key changes to the Code of Practice, (9th Edition), January 2019 This is an essential title for practitioners in medical/healthcare law and ethics, as well as national and international law libraries and students.