Monthly Archives: December 2011

A very merry Christmas to all our clients, contacts and visitors. We hope that you all have a peaceful break and look forward to making contact with you all shortly

From everyone at Druces LLP

Confirming the approach taken by the Employment Appeal Tribunal in OTG v Barke, the Court of Appeal decided in the case of Key2Law (Surrey) LLP v De’Antiquis on 20 December 2011 that administration proceedings under Schedule B1 of the Insolvency Act 1986 cannot  constitute “insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor” within the meaning of regulation 8(7) of the TUPE Regulations 2006. The decision means that in a sale of business by administrators the employees rights under TUPE should not  be ignored or discounted.  This decision is clearly as significant  for buyers of business as for administrators.

The Court of Appeal has confirmed in Solomon v Cromwell and Oliver v Doughty that steps taken by parties before proceeding are started are to be treated as proceedings under Part 36 of the Civil Procedure Rules, whether or not a claim is ultimately issued. This important clarification means that a party who accepts a Part 36 offer before a claim is issued will become liable for any costs consequences arising out of that acceptance, even though proceedings have not been issued. We will file a full briefing note shortly

A decision of the High Court last week has largely dispelled the uncertainty about the process by which directors make out of court appointments of administrators. In the case, called Bezier Acquisitions Ltd, the court held that an out of court appointment was valid, even though the directors did not comply with the provisions of Rule 2.8 Insolvency Rules by serving the insolvent company with notice of their intention to appoint administrators. The uncertainty about this had come about as a result of another High Court judgment earlier this year, known as the Minmar case. If you require further information, please speak to Richard Baines, Partner, Turnaround, restructuring & insolvency

The trial of the Corporation of London’s application to clear areas of its land around St Paul’s occupied by Occupy London’s tented protest settlement is due to start on Monday 19 December and is projected to last 4 days. The Corporation will allege that the the protest settlement is a public nuisance and that the right to protest does not amount to create a permanent or semi-permanent settlement. The Corporation’s claim documents and evidence have been filed online on the Corporation’s website. Judgment is not expected until 2o12 and an appeal is almost certain

The Information Commissioner’s Office has revised its guidance on complying with new laws on the use of cookies by website owners. The new guidance contains more detail on the meaning of consent and other practical steps which can be taken, but also a warning that the ICO expects website owners to be able to demonstrate the steps they are taking and the timescale for compliance.