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Legal update

29 November 2022 Coming of Age

Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021. The figure is more than double the number of disability discrimination claims (the next highest discrimination claim) and is a remarkable six-fold increase on the number of age discrimination claims presented the previous year.

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Published articles

24 November 2022 EU banks show slow progress on gender diversity

Recent research by DBRS Morningstar has shown that, on average in 2021, using a sample of 43 European banks, gender diversity at board level was found to be gradually improving but is inconsistent across different countries.

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Published articles

24 November 2022 Starling Bank employment tribunal

The outcome of the Employment Tribunal claim brought by Gulnaz Raja against Starling Bank Limited and Matthew Newman was reported last month. The Judgment which is available online should be of significant interest to employers, including regulated organisations, in relation to Covid and medical conditions in general.

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Legal update

9 November 2022 Five “takeaways” in claims against mortgage brokers following Taylor v Legal & General Partnership Services Ltd [2022] EWHC 2475 (Ch)

Claims arising from interest-only mortgages have been farmed in volume. Many such claims to date have sought to drive a narrative that interest-only mortgages are an inherently toxic product and brokers were negligent simply for suggesting them. Taylor is a helpful recalibration, focussing instead on what the monies raised by the mortgage product were being used for and whether the client understood the inherent risks.

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Published articles

9 November 2022 Consumer duty - 'The drill-down' into the 'cross-cutting' rules

This article is the second in a series to help firms take a practical approach to complying with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ (CD) framework. The article summarises what it seems the Financial Conduct Authority (FCA) is seeking to achieve from the applicable rules (section 2 below) and potential complications arising from legal considerations (section 3).

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Legal update

20 October 2022 Trigger happy when directors’ duties are the target?

In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.

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Legal update

18 October 2022 The Retained EU Law

Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).

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Blog

6 October 2022 Sequana: Supreme clarification on the duty owed to creditors

The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.

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Published articles

5 October 2022 Consumer duty - 'The drill-down' into the 'cross-cutting' rules

This article is the first in a series aimed to help firms get to grips on a practical basis with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ framework.

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Blog

27 September 2022 IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

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