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Civil way: 6 November 2015

06 November 2015
Issue: 7675 / Categories: Features , Civil way , Procedure & practice
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Directorship less attractive;  final consumer dollop & pains in the neck

DIRECTORS BEWARE

Insolvency law changes which came into force on 1 October 2015 can be found where you would least expect them—in the Small Business, Enterprise and Employment Act 2015 with ss 104 to 106 and 108 to 110 (among others) activated by commencement order SI 2015/1689. The court is given a new power to order compensation in favour of a creditor who has been caused loss due to the conduct of a person for which, following a company’s insolvency (liquidation, administration or administrative receivership will do) they have been disqualified or given an undertaking under the Company Directors Disqualification Act 1986. Proceedings may be avoided or compromised if the person undertakes to pay the compensation. To be taken into account are the amount of the loss, the nature of the conduct and whether any other financial contribution has been made in recompense for the conduct. It is the secretary of state who must take the initiative to go after the compensation and he

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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