Articles
March 2016
Persons With Significant Control Register
Author: Neil Pfister
What is the PSC Register and why has it been introduced?
From April 2016, nearly all companies and LLPs in the UK will be required to keep a ‘PSC’ or 'persons with significant control' register to ensure that the individuals who are its ultimate beneficial owners and controllers are identified, and crucially that details of their holdings in these companies and LLPs are made public.
March 2016
Castlebridge Plant Ltd (In Administration)
Author: Nigel Cook
The Scottish Court rejected an application by administrators for an Order allowing them to avoid the need to set aside the prescribed part of the floating charge realisations.
March 2016
Five Star Properties Limited
Author: Nigel Cook
The company Fivestar had been placed into administration and owned a freehold property which had been charged to a secured lender. Following the administration the company was dissolved rather than being placed into administration.
March 2016
Armstrong Brands Limited (In Administration)
Author: Nigel Cook
Armstrong Brands Limited entered into a loan agreement to be supported by a debenture which, if properly executed, would be a “qualifying floating charge”. Both the loan agreement and debenture were signed by the then sole Director and the Company Secretary but left undated and undelivered for some months. By the time the debenture was actually delivered the director had resigned and been replaced.
March 2016
Why drafting your own Divorce proceedings is not always a good idea
Author: Nicola Conley
Divorce is one of the most stressful situations that you can go through. It is emotional, causes much anxiety and your mind is in turmoil so you may not be thinking rationally. Whilst a lot of people start their divorce proceedings themselves by completing the forms on line, we often speak to people who have completed the documents incorrectly, and then face the added stress and burden of trying to rectify the errors.
February 2016
How Effective Are Your Contracts of Employment?
At Downs, we regularly review and draft Service Agreements for Directors and contracts of employment (whether for full-time staff, part-time staff, fixed term appointments, home workers, zero hours etc). Doing so enables us to highlight some important areas for you to consider.
February 2016
Social Media Misconduct – Relying on Stale Information
Author: Keith Potter
It is frequently said that an employer ought to act promptly when made aware of information which may involve a breach of a disciplinary rule, particularly in cases where the possible penalty is dismissal.
February 2016
Dismissals and Inconsistency of Treatment
Author: Keith Potter
From time to time employers are faced with cases in which two or more employees have taken part in an instance of misconduct, often one involving violent or threatening behaviour. The employer may take the view that the conduct of one of the participants was more reprehensible than that of the other(s). Is the employer entitled to differentiate between the employees as regards the disciplinary sanctions that it imposes?
February 2016
Disability Discrimination and References
Author: Keith Potter
A further illustration of the pitfalls associated with allegations of disability discrimination arises from a recent Employment Appeal Tribunal (EAT) case involving the giving of a written and verbal reference.
February 2016
“Who would be a Landlord?: The trouble with buying to let”
Author: Ian Jones
As of 1 February 2016 the Government’s ‘Right to Rent’ law came into force. This requires private landlords to check, prior to the commencement of any new tenancy, that a tenant or lodger can legally rent a residential property in England and Wales.
