Edwin Coe LLP's Podcast

In the first of a new series from the Arbitration team, Head of Commercial Disputes and Arbitration David Greene discusses the essential principles of domestic and international arbitration, why people choose to use arbitration in disputes, and the process involved.

David also covers issues around choosing the seat of arbitration and how enforcement works in international arbitration cases.

 For further information regarding this topic, please visit our dedicated page on Arbitration & International Disputes. 

Tax Partner Morag Ofili discusses how the uncertainty of the future of the non-dom tax regime is prompting many wealthy taxpayers to change their structures or leave the UK in a rush.

Morag explains the dangers of rushing, and sets out the CARE approach adopted by the Tax team to mitigate risk during times of change.

For further information regarding this topic, please contact Morag Ofili
on +44 (0)20 3974 8213 or email [email protected]

Head of Litigation and Insolvency Ali Zaidi discusses the case of Sequana (BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25) and the duties of directors when a company becomes insolvent. Ali also discusses issues of the creditor interest test, which a director will be subject to not only when a company becomes insolvent, but also when the company is likely to becoming insolvent.

For further information regarding this topic, please contact Ali Zaidi
on +44 (0)20 7691 4000 or email [email protected]

 Head of Insurance Litigation Roger Franklin explores the Covid-19 Business Interruption landscape and issues of Non-Damage Denial of Access (NDDA) clauses. Roger discusses the implications of recent cases that suggest that many policyholders who initially had their claims turned down may now have perfectly valid claims, depending on the specific form of policy wording, and advises policy holders to revisit their historic Covid-19 claims.

 For further information regarding this topic, please contact Roger Franklin
on +44 (0)20 7691 4000 or email [email protected] 

Partner Claire Lehr gives an overview of what brand owners can do to keep their trade mark portfolios in tip top condition.

Claire considers typical times in a company’s life when a trade mark audit might be appropriate, ranging from straightforward events, e.g. when a company moves offices or changes its name, to more challenging events, such as rebrands and product launches when a more complex trade mark audit and potentially new trade marks will be involved. Claire also examines how and why trade mark owners should maintain an “evidence bank” of their use of a mark and looks at the type of evidence which are acceptable in proceedings.

For further information regarding this topic, please contact Claire Lehr
on +44 (0)20 7691 4007 or email [email protected]

David Greene, Head of Commercial Disputes & Class Actions, explores the What, Why and How of litigation funding and the opportunity within this growing area of litigation practice.
For further information regarding this topic, please contact David Greene
on +44 (0)20 7691 4000 or email [email protected]

The Labour Party confirmed in its manifesto last week that it would ‘abolish non-dom status once and for all’. This follows the announcement in the Budget of drastic changes to the taxation of recent arrivals to the UK, and confirmation by Labour that it broadly supported these. In the midst of uncertainty about what the new regime will look like, many individuals likely to be affected may be tempted to ‘wait and see’. In this video, Lara Mardell, Of Counsel in the Private Client team, however, recommends seeking advice now.

For further information regarding this topic, please contact Lara Mardell.

Property partner, Katherine Simpson, explores the tax issues that can lurk where a leaseholder owns a share in the freehold company but the lease of their flat has not been extended. Katherine identifies the tax liabilities that might be triggered both for the freehold company and the shareholder/leaseholders on the grant of 999 year leases of the flats in the building, and puts forward a possible solution.

The Building Safety Act is the most transformative piece of legislation for the construction industry in over 20 years. While the Act imposes changes for the industry as a whole, the building control regime for higher-risk buildings are extensive.

In this video Edwin Coe’s Head of the Construction, Brenna Baye, discusses the new ‘gateway’ regime – in particular Gateways 2 and 3 – and the impact they have on procurement and construction contracts.

Brenna outlines how Gateway 2 is a stop/go point where building control approval from the Building Safety Regulator must be received before work starts, and how this change is leading to increased use of Pre-Construction Services Agreements.

Consideration is given to changes to a development made during the course of building works, with discussion regarding the impact on a construction contract of different types of variations to the development.

Finally, Brenna discuses Gateway 3 and the challenges developers and contractors face in determine what constitutes practical completion and who bares the risk if a completion certificate from the Building Safety Regulator is delayed or not received.

 In the third instalment in our Administration Explained series, Restructuring & Insolvency partner Simeon Gilchrist looks at developments in the administration of the  Matches Fashion group.

Looking at the sale of assets by administrators, Simeon sets out the effects on the different vested interests in the administration, and sets the scene for the next two episodes in which we will look at employee and trade creditor rights in administrations.

For further information on the topic of administration practice and procedure, please contact Simeon Gilchrist on +44 (0)20 7691 4166 or email [email protected]