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How Do You Define the ‘Limits’ of a Port? Court of Appeal Guidance

Anyone involved in international trade will know that ports get busy and that vessels are often required to anchor offshore and wait for a berth. Such delays can have serious financial consequences and, in an important decision, the Court of Appeal has given guidance on what exactly is meant by the ‘limits’ of a port. By the terms of a charterparty, the...

Bankrupt Handed 15-Year Ban

Following an investigation by Insolvency Service (IS) specialists, a director has been given the maximum bankruptcy restriction order of 15 years after he was found to be acting as a director of a limited company despite having previously agreed to a 10-year disqualification order and that order still being in force. The undertaking, which was given in 2008,...

Immigration Skills Charge About to Come Into Force

Employers who sponsor employees from outside the European Economic Area under a Tier 2 visa will have to pay the ‘immigration skills charge’ from 6 April 2017. The charge will be levied at £1,000 per employee per year, but small organisations and charities will pay a reduced rate of £364 per year. Surprisingly for such a significant change, the...

Insolvency – Court Delves Into Alleged ‘Spinning Top’ Tax Avoidance Scheme

Insolvency professionals are familiar with so-called ‘spinning top’ schemes, whereby money is moved in a perpetual circle to create an illusion of loss or investment with the sole objective of avoiding tax. The High Court delved into one such alleged scheme but rejected claims that it was unconscionable or in breach of trust. The case concerned an insolvent...

Entrepreneur Wins Right to Pursue £4 Million Professional Negligence Claim

An entrepreneur who claims that he missed out on a £4 million business opportunity due to a law firm’s negligence in drafting a company sale agreement has had fresh life breathed into his compensation claim by the Court of Appeal. The man was the sole shareholder of a company (company A) that had developed an innovative range of products. His intention had...

English Judges Will Enforce Arbitrators’ Decisions To The Hilt

One of the principal reasons why commercial arbitrators so often sit in London is that the English courts are well known for enforcing their decisions to the hilt. In one case that proved the point, a businessman who utterly ignored an arbitration award and a string of court orders was sentenced to 18 months’ imprisonment for his defiance. Company A, a...