“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
1 High PavementAccess all documents on Server
The Corporate Insolvency and Governance Act 2020 introduced, on a temporary footing, substantial restrictions on a creditor’s ability to pursue a winding-up order against a company. For guidance on the position prior to 1 October 2021, see Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived]. For the regime applying from 1 October 2021 to 31 March 2022 (which included a higher threshold for petition debts and required a creditor to give 21 days’ notice of an intention to present a winding-up petition), see Practice Note: Corporate Insolvency and Governance Act 2022—winding-up petitions from 1 October 2021 to 31 March 2022 [Archived]. Serve statutory demand Prepare a statutory demand that contains the particulars mandated by rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 (see Practice Note: Company statutory demand), and instruct a process server to effect service...
In October 2020, the claimant played the defendant’s Wild Hatter, a two-part game combining a fruit machine with a wheel of fortune. After triggering and completing the jackpot spin, her on-screen display announced a win of the ‘Monster Jackpot’, shown as £1,097,132.71. The case in Durber centred on the mismatch between what appeared on her screen and the operator’s server logs, resulting in a drastic downgrade in the payout from a purported Monster Jackpot exceeding £1m to a far smaller Daily Jackpot of £20,265.14. The claimant pursued the shortfall between that figure and the Monster Jackpot. The defendant maintained that a random number generator had in fact awarded only the Daily Jackpot, and that a fault affected the game’s animations, erroneously presenting an incorrect outcome. It relied on its terms and conditions and pointed to prior rulings in Parker-Grennan v Camelot UK Lotteries Ltd, [2024] EWCA Civ 185, and Green v Petfre (Gibraltar) Ltd (trading as Betfred), [2021] EWHC 842 (QB). What did the court say?...
The consumer groups claim that Meta, parent company of Facebook, violated the EU's General Data Protection Regulation (GDPR) by creating a smokescreen to obscure its data harvesting. Groups within BEUC (the European Consumer Organisation) — which represents 45 independent consumer groups across 31 countries — have submitted complaints to their national data protection authorities. A ‘consent-or-pay’ paywall enables internet users to access a website free of charge if they consent to the use of cookies — blocks of data generated by a web server. Users who refuse consent can visit the site only if they pay...
Peter Carter KC of Doughty Street Chambers, who headed the FCA prosecution, obtained the guilty verdict against Mohammed Zina, sentenced to 22 months’ imprisonment in February. The matter carried notable intricacies, particularly because Goldman Sachs’ server sat in the US, which influenced the timing of transactions. From April 2019, Carter devoted over 800 hours to preparation and spent ten weeks before the court, supported by his junior counsel, Rachel Barnes KC of Three Raymond Buildings. Carter has tried other prominent insider‑dealing prosecutions for the FCA and its precursor. He has handled similar high‑profile insider‑dealing matters for the FCA and its predecessor body before, and knows their challenges. He understands how hard it is to secure a conviction, and tells Law360 how, for all the government’s lip service, it gives inadequate backing to the FCA’s related enforcement work. As every major bank, insurer, wealth manager and asset manager in the UK scrutinises the Zina case, Carter sets out who is drawn into insider dealing, how financial institutions must guard against rogue...
Once a bankruptcy petition and its supporting documents have been presented (or issued) at court, the petitioning creditor’s initial step is to ensure the documents are served on the debtor. This Practice Note outlines the methods by which a petitioning creditor must serve the bankruptcy petition on the debtor. It does not cover service of any other documents within insolvency proceedings. For further guidance on issuing a bankruptcy petition or what to expect at the bankruptcy hearing, see: Creditors’ bankruptcy petitions—grounds and documents required for presentation Bankruptcy petitions—process and procedure post-presentation of the petition The general rule—personal service of the bankruptcy petition on the debtor The general rule is that a sealed copy of the bankruptcy petition must—unless the court orders substituted service—be served on the debtor personally by an officer of the court, the petitioning creditor, the creditor’s solicitor, or a person instructed by the creditor or their solicitor. In practice, most bankruptcy petitions are personally served on the debtor by...
CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware (M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for developing and certifying third-party FC HBAs; a commitment to ensure interoperability with VMware’s server virtualisation software,...
This guidance addresses the collection and examination of electronic devices, raising issues such as identifying who controls a device and, where the controller is not the party to the litigation, whether they can be required to provide it to the litigating party. How data on a device is searched, and how it is assessed for disclosure in the case—versus protection by legal professional privilege or another exception—is vital. It also considers the rights of third parties in relation to data on such devices. Why devices are potentially important in disclosure In Pipia v BGEO Group Ltd, Mrs Justice Cockerill considered whether a personal mobile phone used by a witness who had been a senior executive at the defendant company should be searched to meet the defendant’s disclosure duties. She concluded that it could be, on the facts—see: Are any devices exempt from searching?—and outlined in her judgment why device contents are regarded as valuable sources of information in disputes, especially in the business context. She stated: ‘I accept...
1 Introduction We have carried out a firm-wide evaluation of the likelihood that our systems and/or services could be affected by cybercrime. This appraisal took account of: our key IT assets; the likeliest targets; possible attack types; our protective measures. 2 Critical IT/data assets We have identified our vital IT and data holdings. These comprise: client information; [ staff data; ] [ website; ] [ IT server; ] [ email server; ] [ transaction data; ] [ sensitive details about our business. ] 3 Likely targets We recognise that our organisation is highly appealing to cybercriminals, in particular because of the confidential information we hold—about our clients, third parties, [ transactions, ] employees and the business itself. We also acknowledge that certain attacks are...
Q&A For this Q&A, we take 'email journaling' to mean a method whereby messages entering or leaving a server are duplicated and sent to a single designated mailbox, creating a record of every message in and out, arranged in a user-selected order (typically by date/time). We have limited this response to circumstances that fit those assumptions, and to cases where the journal mailbox cannot be changed or interfered with by any server user holding normal privileges...