Avoidance of Unregistered Company Charges (Companies Act 2006, Section 859H)

2018 ◽  
Author(s):  
Rebecca Parry
Keyword(s):  
England And Wales ◽  
A Charge ◽  
The Uk ◽  
A Company ◽  
Separate Scheme

The presence of a charge over a company’s property will reduce the likelihood of an unsecured creditor obtaining payment, or at least a substantial dividend, in the insolvency of the company. The prudent unsecured creditor will bear this in mind in assessing whether to advance credit to a company, and at what level. For this reason a system of charges registration has long been employed, initially with a separate scheme for England and Wales and another for Scotland, in order that unsecured creditors can be aware of the presence of charges. This system has recently been revised and simplified and a single scheme now applies in the UK with effect from 6 April 2016. Charges created by UK companies prior to that date remain subject to the previous regime.

10 Company Subject to Another Insolvency Procedure

2021 ◽  
Author(s):  
French Derek
Keyword(s):  
United Kingdom ◽  
Financial Market ◽  
England And Wales ◽  
The United Kingdom ◽  
The Law ◽  
The Uk ◽  
Default Rules ◽  
Building Societies ◽  
A Company

This chapter sets out who can apply for a winding-up order and when a winding-up order can be made where a company is already subject to an insolvency procedure. This chapter discusses the insolvency procedures under the law of England and Wales, other parts of the United Kingdom and outside the UK. A supervisor of a company voluntary arrangement (CVA) approved under IA 1986, part 1, may petition for the compulsory winding up of the company, and the court may appoint the supervisor to be liquidator of the company. IA 1986, part 1, is applied with modifications to building societies by the Building Societies Act 1986. When a company is in administration, no petition for it to be wound up may be presented without the administrator’s consent or the court’s permission, unless it is presented for the purpose of proceedings under the default rules of a recognized body in a financial market.

I. Jurisdiction

1999 ◽  
Vol 48 (4) ◽  
pp. 966-969
Author(s):  
Wendy Kennett
Keyword(s):  
Great Britain ◽  
Civil Procedure ◽  
Not Given ◽  
England And Wales ◽  
The Uk ◽  
A Company ◽  
Court Of Appeal ◽  
Proper Interpretation

The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the branch”.2 The new rules did not purport to change the situation in relation to a place of business falling short of a branch, and thus created the anomaly that it was apparently easier to serve a place of business than a branch. The proper interpretation of these rules arose in Saab v. Saudi American Bank (Court of Appeal, 2 July 1999).3 Before the case was heard by the Court of Appeal, the new Civil Procedure Rules entered into force on 26 April 1999. Under Part 62(2):A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—(a) section 725 of the Companies Act 1985 (service by leaving a document at or posting it to an authorised place);(b) section 695 of that Act (service on overseas companies); and(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).Under Part 6.5(6) where a party has not given an address for service, a document may be served on a company not registered in England and Wales at “any place of business of the company within the jurisdiction.”

TBE in United Kingdom

2020 ◽  
Keyword(s):  
United Kingdom ◽  
Clinical Disease ◽  
England And Wales ◽  
Probable Case ◽  
The United Kingdom ◽  
South West ◽  
Louping Ill ◽  
The Uk ◽  
North And South ◽  
South West England

Until 2019, TBE was considered only to be an imported disease to the United Kingdom. In that year, evidence became available that the TBEV is likely circulating in the country1,2 and a first “probable case” of TBE originating in the UK was reported.3 In addition to TBEV, louping ill virus (LIV), a member of the TBEV-serocomplex, is also endemic in parts of the UK. Reports of clinical disease caused by LIV in livestock are mainly from Scotland, parts of North and South West England and Wales.4

HIV and other STIs in the United Kingdom: further increases

2003 ◽  
Vol 7 (48) ◽  
Author(s):  
◽  
Keyword(s):  
United Kingdom ◽  
Disease Surveillance ◽  
Communicable Disease ◽  
People Living With Hiv ◽  
Health Protection Agency ◽  
Protection Agency ◽  
England And Wales ◽  
The United Kingdom ◽  
The Uk ◽  
Living With Hiv

The Health Protection Agency Communicable Disease Surveillance Centre for England and Wales and others have reported that the number of people living with HIV in the UK has increased

Funding Local Political Parties in England and Wales: Donations and Constituency Campaigns

2007 ◽  
Vol 9 (3) ◽  
pp. 365-395 ◽  
Author(s):  
Ron Johnston ◽  
Charles Pattie
Keyword(s):  
Political Parties ◽  
England And Wales ◽  
Liberal Democrats ◽  
Using Data ◽  
The Uk ◽  
The Impact

The funding of political parties is an issue of considerable contemporary concern in the UK. Although most attention has been paid to the situation regarding national parties, the new funding regime introduced in 2001 also applies to constituency parties, and some concerns have been raised regarding the limits on spending and expenditure there. Using data released by the Electoral Commission on all donations above a specified minimum to constituency parties, this article looks at the pattern of donations over the period 2001–05. It then analyses the impact of spending on the 2005 constituency campaigns, showing that for the Conservatives and Liberal Democrats substantial donations enhanced their vote-winning performances in seats where their candidates were challengers whereas for Labour substantial donations aided its performance in marginal seats that it was defending.

Trust, efficacy and ethicacy when testing prisoners for COVID-19

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Steve Lambert ◽  
Dean Wilkinson
Keyword(s):  
Large Scale ◽  
Current System ◽  
Epidemiological Studies ◽  
Careful Consideration ◽  
Power Relationships ◽  
England And Wales ◽  
Content Type ◽  
Large Scale Testing ◽  
The Uk ◽  
The Impact

Purpose The outbreak of the severe acute respiratory syndrome coronavirus 2 virus and subsequent COVID-19 illness has had a major impact on all levels of society internationally. The extent of the impact of COVID-19 on prison staff and prisoners in England and Wales is unknown. Testing for COVID-19 both asymptomatic and symptomatic, as well as for antibodies, to date, has been minimal. The purpose of this paper is to explore the widespread testing of COVID-19 in prisons poses philosophical and ethical questions around trust, efficacy and ethicacy. Design/methodology/approach This paper is both descriptive, providing an overview of the widespread testing of COVID-19 in prisoners in England and Wales, and conceptual in that it discusses and argues the issues associated with large-scale testing. This paper provides a discussion, using comparative studies, of the issues associated with large-scale testing of prisoners across the prison estate in England and Wales (120 prisons). The issues identified in this paper are contextualised through the lens of COVID-19, but they are equally transferrable to epidemiological studies of any pandemic. Given the prevalence of COVID-19 globally and the lack of information about its spread in prisons, at the time of writing this paper, there is a programme of asymptomatic testing of prisoners. However, there remains a paucity of data on the spread of COVID-19 in prisons because of the progress with the ongoing testing programme. Findings The authors argue that the widespread testing of prisoners requires careful consideration of the details regarding who is included in testing, how consent is gained and how tests are administered. This paper outlines and argues the importance of considering the complex nuance of power relationships within the prison system, among prisoner officers, medical staff and prisoners and the detrimental consequences. Practical implications The widespread testing of COVID-19 presents ethical and practical challenges. Careful planning is required when considering the ethics of who should be included in COVID-19 testing, how consent will be gained, who and how tests will be administered and very practical challenges around the recording and assigning of COVID-19 test kits inside the prison. The current system for the general population requires scanning of barcodes and registration using a mobile number; these facilities are not permitted inside a prison. Originality/value This paper looks at the issues associated with mass testing of prisoners for COVID-19. According to the authors’ knowledge, there has not been any research that looks at the issues of testing either in the UK or internationally. The literature available details countries’ responses to the pandemic rather and scientific papers on the development of vaccines. Therefore, this paper is an original review of some of the practicalities that need to be addressed to ensure that testing can be as successful as possible.

scholarly journals The Office for National Statistics Longitudinal Study

2019 ◽  
Vol 4 (3) ◽  
Author(s):  
Alison Sizer ◽  
Oliver Duke-Williams
Keyword(s):  
Longitudinal Study ◽  
Census Data ◽  
Sampling Bias ◽  
Large Sample Size ◽  
England And Wales ◽  
Large Sample ◽  
Small Areas ◽  
Pension Age ◽  
The Uk ◽  
State Pension

Background and Rationale The ONS Longitudinal Study (‘the LS’) covers England and Wales and includes individual data from the 1971 – 2011 decennial censuses and linked information on births, deaths and cancer registrations. It is representative of the population of England and Wales. Aim This presentation describes the LS and the linked administrative data, and showcases recent/ prominent examples of research. Methods and Approach The LS is built around samples drawn from decennial censuses, with its initial sample drawn from the 1971 Census. It also contains information about other people living in a sample-member’s household. Substantial emphasis is placed on security of access to the data and its responsible use. All research outputs are checked and are only released to users once disclosure control requirements are met. Linkage of study members from one census to another and vital events is carried out by ONS. Results The LS has been used for a variety of research. Using linked census and death records occupational differences in mortality rates have been researched. Individual records from all five censuses have been used to contribute to research social mobility, and research has also investigated the effects of long-term exposure to air pollution. Research has provided evidence of impact for social policy issues, e.g. health inequalities and the State Pension Age Review. Discussion The main strength of the LS is its large sample size (>1 million), making it the largest nationally representative longitudinal dataset in the UK. This allows analysis of small areas and specific population groups. Sampling bias is almost nil, and response rates are very high relative to other cohort and panel studies. Conclusion The ONS Longitudinal Study is a vital UK research asset, providing access to a large sample of census data linked across five censuses. It is strengthened through linkage to events data.

scholarly journals Secondary traumatic stress in police officers investigating childhood sexual abuse

2018 ◽  
Vol 41 (5) ◽  
pp. 636-650 ◽  
Author(s):  
Amy-Kate Hurrell ◽  
Simon Draycott ◽  
Leanne Andrews
Keyword(s):  
Sexual Abuse ◽  
Childhood Sexual Abuse ◽  
Coping Strategies ◽  
Police Officers ◽  
Traumatic Stress ◽  
Secondary Traumatic Stress ◽  
Online Questionnaire ◽  
England And Wales ◽  
Content Type ◽  
The Uk

Purpose Previous research has indicated that helping professionals working with traumatised individuals are susceptible to adverse effects which can be recognised as secondary traumatic stress (STS). The purpose of this paper is to explore STS in police officer’s investigating childhood sexual abuse (CSA) in the UK. Design/methodology/approach This study employed a cross-sectional, quantitative design. An online questionnaire was completed by 101 Child Abuse Investigation Unit (CAIU) police officers in England and Wales. STS, coping strategies, anxiety, depression and demographic information was collected for all participants. Findings It was indicated that increased exposure to CSA, measured by number of interviews in the past six months, was associated with higher levels of STS. Positive coping strategies, negative coping strategies, anxiety and depression all had a strong, positive relationship with STS. Research limitations/implications This paper is a first step to understanding STS in CAIU police officers in the England and Wales. This area of research remains under-developed and would benefit from further attention in the future. Originality/value This is the first known study of its kind in the UK.

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