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Crimes, fines and penalties under PSA 2021 – Information to trustees

05.08.21: David Pollard‘s fifth video in a series on “Fines, Crimes and Penalties” under the new Pension Schemes Act 2021. A discussion of the new “financial penalty” (of up to £1m) in relation to providing information to pension scheme trustees (of a DB scheme). When it comes into force, a penalty can be charged by the Pensions Regulator if information is “knowingly or recklessly” provided which is “false or misleading in a material respect”. The new financial penalty can apply to any information provider. Slides available here.

S Franses Round 2: A Return to the County Court

23.06.21: Joanne Wicks QC and Benjamin Faulkner discuss the recent lease renewal decision in the second round of S Franses Ltd v The Cavendish Hotel (London) Ltd. Joanne acted for the successful claimant, instructed by David Cooper & Co.

 

Let’s talk about trusts law: A discussion on the future of trusts law and upcoming trends

10.06.21: Brian Green QC interviews Emily Campbell about her experience as a trusts law barrister as they look to the future and consider and predict what might change in the private client area.

 

Highlights from a recent unopposed lease renewal claim

02.06.21: Ben Faulkner presents his 4 highlights from a recent decision of HHJ Dight in an unopposed lease renewal case.

 

 

Crimes, fines and penalties under PSA 2021 – Financial penalties

01.06.21: In the fourth of his series entitled “Pension Law Technical Bites: Crimes, fines and penalties under PSA 2021”, David Pollard takes an in-depth look at financial penalties. David has put together some helpful slides to go along with this video which can be accessed by clicking here

 

 

Let’s talk about trusts law: A look back at the development of trusts law and what has changed over the years

27.05.21: Emily Campbell interviews Brian Green QC about his experience as a trusts law barrister as they look back over the years and consider what has changed in the sector.

 

 

Bank of NY Mellon v Cine-UK  Part 2: Part (failure of) consideration

21.05.21: Mark Wonnacott QC and Ben Faulkner discuss the failure of consideration defence in landlords’ claims for rent arrears against tenants affected by Covid-19. What do you think? Let us know!

 

 

Bank of NY Mellon v Cine-UK  Part 1: What’s the damage? Construing rent cesser clauses

06.05.21: Joanne Wicks QC and Daniel Petrides argue for different sides on the rent cesser point arising from this significant case. Does the concept of damage extend beyond “physical damage”? Should one start by looking at the definition of insured risk? Joanne and Daniel cover the arguments from both the landlord’s perspective and the tenant’s perspective in the video below.

 

 

The new pre-pack regulations

04.05.21: Marcia Shekerdemian QC and Thomas Robinson discuss the new pre-pack regulations that came into force on Friday 30 April! Thomas Robinson has also written an Insolvency Commentary on this topic which can be found here.

 

 

Pensions Law Technical Bites: Crimes, fines and penalties under PSA 2021 – Reasonable excuse

20.04.21: In the third of his series entitled “Pension Law Technical Bites: Crimes, fines and penalties under PSA 2021”, David Pollard looks at “reasonable excuse”, focusing on the new crimes. David has put together some helpful slides to go along with this video which can be accessed here.

 

 

Pensions Law Technical Bites: Crimes, fines and penalties under PSA 2021 – Elements of a crime

06.04.21: In the second of his series entitled “Pension Law Technical Bites: Crimes, fines and penalties under PSA 2021”, David Pollard looks in more depth at the elements of a crime: the causation and intention (or knowledge) elements of the main two new criminal offences (avoidance of employer debt and conduct risking scheme benefits). David has put together some helpful slides to go along with this video which can be accessed here.

 

Pensions Law Technical Bites: Crimes, fines and penalties under PSA 2021 – Overview and TPR Choices

30.03.21: In the first of his series entitled “Pension Law Technical Bites: Crimes, fines and penalties under PSA 2021”, David Pollard gives an overview and looks at TPR choices. David has put together some helpful slides to go along with this video which can be accessed here.

 

Top 5 trusts cases for the 2020/21 legal year

13.10.20: Fenner Moeran QC and Simon Atkinson walk you through their top 5 trusts cases for the 2020/21 legal year.

 

Top 5 trusts cases of the past legal year

27.10.20: Michael Furness QC and Elizabeth Houghton walk you through their top 5 trusts cases of the past legal year!

 

Top 5 property cases for the 2020/21 legal year

23.10.20: Joanne Wicks QC and Zoë Barton QC gaze into the future to walk you through their top 5 property cases for the 2020/21 legal year!

 

Top 5 pensions cases for the 2020/21 legal year

19.10.20: Jonathan Hilliard QC and James Walmsley walk you through their top 5 upcoming pensions cases!

 

Top 5 pensions cases of the past legal year

16.10.20: David Pollard and James Walmsley walk you through the top 5 pensions cases of the past legal year!

 

Top 5 property cases of the past legal year

12.10.20: Jonathan Seitler QC and Harriet Holmes “count down the charts” as they walk you through the top 5 property cases of the past legal year!

 

Time for a wealth tax?

18.08.20: Emily Campbell and Simon Atkinson discussing some of the issues relating to wealth taxes and how one might be applied in the United Kingdom.

 

Property in the pandemic: Force Majeure

11.06.20: Jonathan Davey QC and Julian Greenhill QC speak about Force Majeure clauses in a property context against the backdrop of the C-19 lockdown and the lifting of said lockdown.

 

Is this the vaccine? The Corporate Insolvency and Governance Bill

26.05.20: Marcia Shekerdemian QC and Rachael Earle discuss the bill.

 

Business interruption claims – are they spreading?

22.05.20: Two of our commercial silks, Stuart Isaacs QC and Terence Mowschenson QC, discuss the key issues arising at the moment in insurance claims resulting from the interruption to businesses due to the Covid-19 situation.

 

Property in the pandemic: Possession proceedings (Follow-up video)

20.05.20: Francesca Mitchell and Daniel Petrides revisit PD51Z in light of the Court of Appeal’s recent decision in Arkin v Marshall [2020] EWCA Civ 620.

 

Adoption by administrators after Carluccio’s and Debenhams

15.05.20: David Pollard, Thomas Robinson and Tara Taylor discuss the adoption of contracts by administrators following the decisions in Carluccio’s and Debenhams.

 

Property in the pandemic: Impact on 1954 Act proceedings (Part II)

06.05.20: Benjamin Faulkner and Harriet Holmes return with their discussion focusing on the the effects of C-19 on 1954 Act proceedings. In Part II, they consider the effects on upcoming unopposed lease renewals.

 

Property in the pandemic: Impact on 1954 Act proceedings (Part I)

01.05.20: In the first of a two-part discussion of the impact of COVID-19 on 1954 Act proceedings, Benjamin Faulkner and Harriet Holmes, look at issues in upcoming opposed renewals, particularly on ground (f) cases.

 

Property in the pandemic: Possession proceedings

24.04.20: Daniel Scott, Francesca Mitchell and Daniel Petrides discuss the scope and application of Practice Direction 51Z in light of both its recent revision and the forthcoming appeal concerning its legality.

 

Requests for contribution breaks: issues for trustees to consider

22.04.20: Paul Newman QC and Simon Atkinson discuss some of the issues facing trustees of occupational pension schemes who are asked by employers for contribution holidays. They consider issues such as reporting requirements, actuarial input and membership concerns, and how trustees might deal with them.

 

Property in the pandemic: Insurance and rent suspension

17.04.20: Jonathan Seitler QC and Joanne Wicks QC discuss insurance and rent cesser in the pandemic.

 

Property in the pandemic: Supervening illegality

16.04.20: Martin Hutchings QC and Tiffany Scott QC discuss supervening illegality in landlord and tenant relationships.

 

Property in the pandemic: Break clause conditions during lockdown

09.04.20: Benjamin Faulkner, James McCreath and Jonathan Chew discuss the difficulties tenants may have in exercising break clauses in light of the Covid-19 pandemic.

 

Insolvency proceedings and remote hearings

08.04.20: A practical solution for extraordinary times? Marcia Shekerdemian QC and Rachael Earle discuss the new “Temporary Insolvency Practice Direction” (TIPD) and remote hearings.

Property in the pandemic: Frustration

06.04.20: What arguments exist on frustration of leases in these difficult times? Jonathan Seitler QC and Joanne Wicks QC debate the approaches that could be adopted