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Suspension of “Wrongful Trading” Provisions

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On 28 March 2020 the Secretary for Business, Alok Sharma, announced a suspension of the “wrongful trading” provisions to allow businesses to keep going during this crisis. Legislation is yet to be set out but it will be retrospective to 1 March 2020 and means that directors, who are often concerned about the liabilities they […]

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A sign of things to come – e-bundling

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The Family Court has issued recent guidance on the use of electronic bundles at https://www.judiciary.uk/announcements/financial-remedies-courts-e-bundles-protocol/ This is intended for financial remedies hearings but is useful guidance for anyone planning on working paperlessly or part paperlessly. Most usefully, it considers the perfectly reasonable situation where counsel and the judge may work paperlessly but there is still […]

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FCA v Avacade – promoting or introducing?

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The FCA is, unsurprisingly, pursuing significant proceedings against Avacade, a related company and its directors in relation to unregulated business. This is an important case as it relates to the responsibility of those unregulated introducers who claim to be “introducers” but the FCA is pursuing as “promoters”. The importance is that there is a narrow, […]

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Joining Trinity Chambers in Newcastle

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I am delighted to announce that I have joined Trinity Chambers in Newcastle. I’m joining the Business and Property Group and continuing with my work in relation to professional negligence, commercial disputes and property, along with my interest in financial services cases. My new profile can be found at https://www.trinitychambers.co.uk/people/barristers/chris-hegarty/ I am still available across […]

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Mason v Godiva – a mis-sold mortgage?

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(full case at http://www.bailii.org/ew/cases/EWHC/QB/2018/3227.html) Mr & Mrs Mason were misled by Martyn Balm into a disastrous mortgage. In 2008, they were sold on the idea of investing in property having sold up their family business and borrowed to obtain capital to start up this venture. Having obtained some funding and been advised (by Mr Balm […]