Keeping children safe in education – revised statutory guidance
On 5 September 2016, the Department for Education’s revised guidance, ‘Keeping children safe in education’, came into force. The document is the Government’s statutory guidance which all schools, academies and colleges must have regard to when carrying out their duties to safeguard and promote the welfare of children.
Dixon v Radley House Partnership (A Firm) [2016] EWHC 2511 (TCC)
The claimant (D) brought negligence proceedings against the defendant (R) a firm of architects, for refurbishment works.
In the draft claim form, D had referred to a loss of £35,894.00 allegedly caused by negligent misrepresentation on the part of R, who had been instructed on 27 October 2007.
The draft claim form and the fee were prepared up to a value of £50,000.00 and were received by the court on 25 October 2013, less than six years after the cause of action arose.
Introduction
Summary
- The farming and agricultural sector continues to experience financial pressures.
Hanjin Shipping's collapse
In order to protect its assets from creditors following its financial collapse, Hanjin obtained a rehabilitation order in Seoul on 1 September.
Different jurisdictions / approaches
One of the main difficulties arising out of the Hanjin collapse is that whilst those administering Hanjin's rehabilitation may have taken steps internationally to protect its assets, different jurisdictions have different approaches.
Het hof Amsterdam heeft in het voorjaar van 2016 een uitspraak gedaan over het ontstaansmoment van vorderingen van zorgaanbieders op patiënten en/of zorgverzekeraars. Het ontstaansmoment van een vordering is relevant om in geval van een faillissement van de pandgever te kunnen bepalen of een vordering (reeds) bestond – en dus geldig kan zijn verpand – of dat een vordering nog niet bestond – en dus niet geldig kan zijn verpand.
Feitencomplex
Vanquish Properties (UK) Ltd Partnership v Brook Street (UK) Ltd [2016] EWHC 1508 (Ch)
Vanquish, a developer, was a Limited Partnership under the Limited Partnerships Act 1907 with one General Partner, liable for all obligations of the business, and four Limited Partners.
It was granted an overriding lease by the City Corporation in the name of the Limited Partnership, “acting by” its General Partner. There was no mention of the four Limited Partners.
Introduction
The government has commenced a consultation exercise on its proposals to introduce procedures for further education and sixth-form colleges which become insolvent.
The proposed regime would include a Special Administration Regime, aimed at protecting learners from disruption to their courses, helping the rehabilitation of a college where this is possible or providing an orderly wind-up procedure.
The effect of EU law on UK insolvencies is, as a general rule, limited to cross-border issues. Within the EU, the EC Regulation on Insolvency Proceedings governs all the main jurisdictional and choice of law questions that arise in international insolvencies (with the exception of the insolvencies of banks, insurers and certain investment companies).