Aynel Hamid

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ICC confirms that section 108 (1) of the Insolvency Act 1986 can be used to retrospectively appoint liquidators in the same way that administrators are retrospectively appointed to avoid the issues of validating acts undertaken whilst there are incurable defects in their appointment.  Ruhi Sethi-Smith, instructed by Ollie Fitzpatrick & Jenna Poynter at Boyes Turner LLP, successfully obtained the retrospective appointment of joint liquidators pursuant to section 108 (1) of the Insolvency Act 1986 in circumstances where the directors had failed to re-appoint them following the restoration of the company to deal with a £7m claim issued by HMRC. All of the existing authorities on retrospective appointment of office holders relates to administrators but ICC Judge Baister accepted the argument put forward by that it should apply in the same way to liquidators pursuant to section 108 (1) of the Insolvency Act 1986. In his very short but helpful judgment, ICC Judge Baister confirms that this section of the Insolvency Act 1986 can be used to retrospectively appoint liquidators and found that this was 'plainly a case where it is to the benefit of creditors and all concerned that the previous liquidators be restored to office'. Whilst this case focused on the re-appointment following the restoration of the company, it is helpful precedent for the retrospective appointment of liquidators in other situations where it would be beneficial to creditors to do so. Please see the judgement below. For more information on this matter or on applications for the retrospective appointment of office holders, please contact Ruhi Sethi-Smith at  [email protected]. 

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Legal recruitment… it’s a bit like selling a house 🏡 Hear me out…. Imagine this – You see a house for sale with two estate agent boards outside. What’s your immediate thought of the property? 🤷‍♂️ Answer – “It’s struggling to sell, there must be something wrong with it” In reality there’s probably nothing wrong with it. But as a buyer the perception is that something’s wrong. It’s lost its premium, and the property is devalued. Now imagine this – A Partner at a law firm receives the same Lawyer’s CV from 5 different recruiters. What do you think comes to their mind? Answer – “Why am I receiving the same CV time and time again, there must be an issue with this person” Again in reality there may be nothing wrong with a Lawyer’s application, but as soon as duplicate applications are made then you’ve lost your premium and the negative perception kicks in. So how do we resolve this? Speak to recruiters and understand how they work. Recruiters work with the same firms, so you only need one to make the introduction. Take back control, and work with the recruiter who best represents you.

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Struggling with a family law matter and feeling overwhelmed? We've got your back! Download our Free Family Law Guide, "Who Gets What?" 🤝 Don't let legal jargon hold you back—simplify the process and take control of your situation. Download our free guide today! Click the link below👇👇👇 https://bit.ly/46uFkpB #familylaw #divorcetips #goldcoast #brisbane #freedownload

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Undertakings are an established feature of the legal landscape. The courts have recognised them as vital in conveyancing transactions and of much wider application. Richard Senior has undertaken a review of the law relating to lawyers’ undertakings. #professionalindemnity #undertakings #conveyancing

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Supercharge your Immigration practice in 2025 with HJT’s Birmingham Immigration Law Conference. Join (in person) Mark Symes David Jones Adam Pipe Sacha Wooldridge true titans of immigration law, who will share their winning strategies and insider knowledge. Got challenging cases? Our expert panel has you covered. From business immigration to human rights claims, our experts will walk you through practical solutions for your most complex cases. Master the art of successful appeals, learn fool proof strategies for visitor refusals, and get up to speed with the latest developments in PBS cases. You'll walk away with practical techniques that you can implement immediately, proven strategies for challenging cases, and a deeper understanding of recent landmark decisions that are reshaping UK immigration law. At only £75! You will not want to miss this conference 📍 Location: Birmingham – Venue TBC 📅 Date: Thursday 16th January 2025 (12pm – 4pm) Space is strictly limited to ensure maximum interaction and room capacity. https://lnkd.in/dGqRDsDG For enquiries contact us on [email protected] or call us on 075 4416 4692 #ImmigrationLaw #LegalConference #CPD #Birmingham2025 #UKImmigration #LegalEducation #ProfessionalDevelopment #asylum #humanrights #businessvisa #sponsorlicence #skilledworkervisa #spousevisa #eVisa #ETA #EUSS #appeals #oisc #lawsociety #barcouncil  #migration #sponsorlicence #illegalworking #compliance #highnetworth #globalbusinessmobility #asylum #familyvisa # #righttoworkchecks #detention #refugees #humanrights #migrant #channelcrossing #smallboats #rwanda #globalmobility #recruitment #internationalrecruitment

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This week’s Top Tip focuses on newly enacted Texas Disciplinary Rule of Professional Conduct 1.18, regarding a lawyer’s duty to prospective clients, with guidance on who is and who is not considered a prospective client. Read our TLIE Top Tip this week to learn more. https://lnkd.in/eUeD7KHi #TexasAttorneys #TexasLawyers

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Legal Partner Lateral Hire Activity September - October This between September and October there has been 124 recorded partner moves—a 3% increase from the 120 recorded in the same period last year, remarkable when considering the same period last year surged due to the sudden collapse of Axiom Ince, a national law firm with over 100 partners whose London team had to swiftly find new homes. Reflecting broader trends in 2024, partner recruitment continues at record levels—27% above the five-year average (97) and 38% higher than the ten-year average (90) for this period. The most covetous firm this edition was Bristol headquartered firm TLT which hired eight partners, followed by Eversheds Sutherland which welcomed five. Next up were Addleshaw Goddard, Cooley, Fox Williams, Howard Kennedy, Hunton Andrews Kurth and Mishcon de Reya which hired four partners apiece, then Goodwin, Greenberg Traurig, McDermott Will & Emery and Morgan Lewis which all hired three. What does this information reveal? It shows that firms are actively pursuing growth, recognizing that staying stagnant is equivalent to falling behind in today’s fast-paced world. Law firms see the opportunities ahead and are eager to invest in top senior legal talent to drive their desired growth. #PartnerMoves #LondonLegalMarket #LateralHires

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The Upper Tribunal (Lands Chamber) has recently given a judgment which will be of great significance to property lawyers - Bradley and Others v Abacus Land 4 Limited [2024] UKUT 120 (LC). The decision gives guidance to the tribunal as to the correct approached to apportionment challenges in service charge disputes, and has reconciled the decisions in Braganza v BP Shipping Ltd and another [2015] UKSC 17, Williams and others v Aviva Investors Ground Rent GP Ltd [2023] UKSC 6 and Hawk Investment Properties Ltd v Eames and others [2023] UKUT 168 (LC) James Sandham of Selborne Chambers appeared for the successful appellants. Facts: The appellants were leaseholders of a mixed-use block and were required to pay a service charge in the manner designated and apportioned by the respondent landlord. In 2013, the landlord’s predecessor in title had granted a lease of the communal gym to a third party (‘the gym tenant’) for a term of 999 years without a repairing covenant. Significantly, unlike the residential leases, the gym lease did not require the gym tenant to contribute to the maintenance costs. The respondent landlord’s predecessor and, later, the respondent therefore apportioned all of gym costs, including the costs of major works carried out at the behest of the gym tenant, solely to the residential leaseholders. From 2013 to 2020, the service charges included the entirety of the gym costs. However, that was not without demure from the residential leaseholders, as those charges were partially offset by a contribution from the landlord reflecting rent received from the gym tenant. The situation escalated after 2020 when the landlord, due to a dispute with the gym tenant that involved refurbishment of the gym and a rent holiday for the gym tenant, indicated its intention to charge to the residential leaseholders the costs occasioned by that dispute together with the costs of the refurbishment works agreed in settlement of it. The First-tier Tribunal’s decision The leaseholders applied to the FTT for a determination under s.27A of the 1985 Act. The FTT held that the respondent had followed a rational process. As a result of the terms of the gym lease, there was no way of the respondent landlord could recover the costs that might otherwise have been paid by the gym tenant. Accordingly, the decision to allocate 100% of the gym maintenance and refurbishment costs to the residential leaseholders was rational and therefore reasonable as it was not one that no reasonable landlord properly directing itself could have reached: Braganza v BP Shipping Ltd and another [2015] UKSC 17 and Williams and others v Aviva Investors Ground Rent GP Ltd [2023] UKSC 6 applied. The Upper Tribunal has overturned that decision. To read why, and to learn what this means for the future, please visit our website: https://lnkd.in/ezzakzgq

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Here are our top three tips to help you get started as a #Paralegal 💻 ~Get relevant #Education and #LegalQualifications 💌 ~Gain experience👍 ~Keep #networking and working on your professional development 🤝 Do you agree? What would your top tips be?

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Feeling overwhelmed by the fine print in contracts? You're not alone. The legal jargon can leave even the savviest consumer scratching their head. Thankfully, the Competition and Consumer Act 2010, has been updated to introduce the new unfair contract term regime. In this article, our commercial law team discusses the unfair contract term regime and its impact on consumers and small businesses. Click the link to find out more! https://lnkd.in/gZw7-fKa #RamsdenLaw #RamsdenLawyers #CommercialLaw #CommercialAgreement #CommercialContract #SmallBusinesses #SmallBusiness #UnfairContractTerms

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Choosing the right solicitor can make all the difference in dealing with legal proceedings. Here are a few factors to consider when selecting your legal advisor: - Ensure they have experience in the area of law relevant to your needs. - Check reviews, and see how satisfied their previous clients are. - Consider their style – you need a solicitor who keeps you informed and involved. At Bowling & Co, our team brings expertise and dedication to every situation. You can find the details of each and every one of our lawyers below. https://bit.ly/3JCul2m #LegalAdvice #Solicitor #BowlingLaw

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𝐓𝐡𝐞 𝐍𝐐 𝐦𝐚𝐫𝐤𝐞𝐭 𝐢𝐧 𝐄𝐚𝐬𝐭 𝐀𝐧𝐠𝐥𝐢𝐚 The newly qualified (NQ) market in East Anglia has slowed down over the last couple of years. So it has become harder for newly qualified lawyers to find jobs. Anecdotally we’re hearing stories of firms not retaining many of their NQs this year (2024). We think the main causes are: (1) 𝑻𝒉𝒆 𝒓𝒊𝒔𝒆 𝒐𝒇 𝑵𝑸 𝒔𝒂𝒍𝒂𝒓𝒊𝒆𝒔 𝒉𝒂𝒔 𝒍𝒆𝒅 𝒕𝒐 𝒇𝒆𝒘𝒆𝒓 𝒋𝒐𝒃𝒔 𝒂𝒕 𝒕𝒉𝒊𝒔 𝒍𝒆𝒗𝒆𝒍. NQs are expensive to hire and many don’t offer much more than six months’ experience in their qualification practice area. (2) 𝑳𝒂𝒓𝒈𝒆𝒓 𝒇𝒊𝒓𝒎𝒔 𝒕𝒆𝒏𝒅 𝒕𝒐 𝒓𝒆𝒄𝒓𝒖𝒊𝒕 𝒇𝒓𝒐𝒎 𝒕𝒉𝒆𝒊𝒓 𝒐𝒘𝒏 𝒕𝒓𝒂𝒊𝒏𝒆𝒆𝒔, and only look outside as a last resort. (3) Shifts in the way solicitors qualify means 𝒑𝒂𝒓𝒂𝒍𝒆𝒈𝒂𝒍𝒔 𝒊𝒏𝒄𝒓𝒆𝒂𝒔𝒊𝒏𝒈𝒍𝒚 𝒔𝒆𝒄𝒖𝒓𝒆 𝒓𝒐𝒍𝒆𝒔 𝒕𝒉𝒂𝒕 𝒊𝒏 𝒕𝒉𝒆 𝒑𝒂𝒔𝒕 𝒘𝒐𝒖𝒍𝒅 𝒉𝒂𝒗𝒆 𝒃𝒆𝒆𝒏 𝒆𝒂𝒓𝒎𝒂𝒓𝒌𝒆𝒅 𝒇𝒐𝒓 𝑵𝑸𝒔. When jobs do arise, typically there are a few applications. It’s been our observation that most firms favour experience over qualification. However, smaller firms in the region still experience difficulty in recruiting NQs. Many junior solicitors gravitate towards larger firms. It’s because the pay, work quality and supervision is or perceived to be “better”. NQs prefer to be surrounded by experienced lawyers, which some smaller firms can’t offer. Due to these market conditions, some NQs are making compromises to remain in the sector. They’re joining smaller firms than desired, working further afield, or accepting a job in their second/third choice practice area. Happily we would report though, most NQs are finding NQ jobs, rather than dropping out of the sector. It’s worth a brief mention that, by three years’ PQE, in many practice areas the market is buoyant and candidate-led (and we think this will remain the case - after all solicitors in this bracket are typically profitable hires). If you’re an NQ and you want help in navigating the NQ market get in touch. Whilst we can’t magic up NQ jobs, we can make sure your approach and CV is in the best possible shape to secure interviews. We can also help you prepare for interviews, to give you the edge. #NQs #recruitment #lawyers #solicitors

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🎉 Celebrate with us! Folgate Legal has achieved an average 5-star rating! ⭐⭐⭐⭐⭐ This incredible team of specialists in #PersonalInjury litigation is truly doing wonders for their clients. Keep up the amazing work! 👏💼 #legal #uklaw #solicitors Vicky-Louise Chapman Marc Folgate

We hear from Director, and Solicitor-Advocate Asif Robbani about Civil Litigation...if you have a civil litigation enquiry please do get in touch with Asif who will be able to advise you on your situation. https://lnkd.in/eYYjj3Nc #francisgeorgesolicitoradvocate #civillitigation #legaladvice #solicitorswindon #solicitorwitney

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Did you know?  The SRA Transparency Rules aren't just about compliance—they're an opportunity to build trust and attract clients. Since 2018, law firms have been required to publish clear pricing and service information for common legal services like: • Residential conveyancing • Probate • Motoring offences • Immigration • Employment tribunals • Licensing applications • Debt recovery Are you leveraging transparency to its full potential? Access The Members Area to learn more: https://bit.ly/3JiqQiN #transparency #lawfirms #legal