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According to Government statistics, between January and May 2021, 171,169 UK companies have been dissolved and removed from the Register. The number of dissolutions increased by 34,191 (25.0%) compared to the last quarter of 2020. Furthermore, by the end of March 2021, there are 299,799 companies in the course of dissolution or liquidation in the UK.
The numbers above also include companies that we compulsory struck off the Companies Register. This process is also known as Compulsory Strike Off.
A Compulsory Strike Off happens when Companies House has reasonable grounds to believe that a limited company is no longer trading.
Once a limited company has been removed from the Register, it will cease to exist as a business entity.
Companies House may start the process of compulsory strike-off for reasons of non-compliance. Common examples include:
· Failing to submit your annual confirmation statement (Form CS01);
· Failing to file accounts on time;
· Failing to notify Company House about a change to your official registered office address.
It is essential for director(s) to act and not to allow the company to be struck off. That is because the director(s) will not claim redundancy pay and other entitlements. They can also face director disqualification and personal liability issues.
Compulsory Strike off Process:
Firstly, Companies House sends at least two formal letters of non-compliance. It is crucial to keep the registered address up to date to avoid missing these communications.
Suppose Companies House receives no reply to its letters. In that case, it will then publish a first ‘strike off notice’ in the Gazette, which is the official journal of public record (also known as the ‘First Gazette Notice for Company Strike Off’). The notice declares that the company will be struck off the Register in two months unless there are objections from company directors, shareholders, creditors or suppliers.
There are a number of serious consequences of Compulsory Strike Off:
· The company no longer exists as a legal entity;
· Company’s assets (including cash) will automatically transfer to the Crown (become ‘bona vacantia’);
· The company cannot secure the finances needed;
· Relationship with customers and suppliers can be undermined;
· Director(s) may face disqualification due to wrongful trading;
· If the company continues trading after being struck off, director(s) and shareholder(s) do not have limited liability and will be personally liable for any debt.
Suspension applications to Companies House should be sent to object/prevent compulsory strike-off. If applicable, missing accounts and/or confirmation statements will be required.
If the company is struck off, the creditor(s) have to write off the owed money as a bad debt. Alternatively, a creditor can resurrect the company via a court order, which can be costly. The company will be reinstated and go through formal liquidation proceedings. A lengthy investigation into the running of the company may be undertaken, exposing potential wrongdoing leading to director disqualifications and personal liability.
If you are a director, shareholder, or creditor of a company which has been served its First Gazette Notice or has been struck off the Register and would like assistance or advice, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.. and we will be happy to help.
Roman Egorov (author).
De Jure Chambers can be contacted on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..
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Japanese Knotweed spreads alarmingly quickly and has deep roots which make it almost impossible to remove once it has set in. It has a reputation for destroying the foundations of buildings and drastically decreasing their value. Homeowners are terrified that it might make its way from a neighbour’s garden into theirs: no wonder that, according to GoodMove’s 2020 study, the third most common cause of neighbour disputes was ‘plants’. All of this makes it a little ironic, therefore, that Japanese Knotwood is also an anti-inflammatory and can be used to treat the uncomfortable symptoms of joint disease, burns, and sore throats. In other words, while homeowners regard Japanese Knotwood warily for its propensity to inflict pain, the plant itself can actually relieve it.
Many disputes begin when a homeowner refuses to pay for the treatment or containment of their Japanese Knotweed and thus allow it to spread into their neighbours’ gardens. What happens, however, when you actually foot the bill for the treatment of your neighbour’s Knotweed, only for that neighbour to begin acting in a hostile manner? The previous negligence of the Japanese Knotweed problem is compounded with your neighbours’ active spreading of the Knotwood seed into your garden, along with pouring concrete into it and dumping building materials into it. What do you do when your neighbour has damaged your roof, fence, telephone line, felled your trees, and even acted in a violent manner towards you?
Unfortunately, this is the current situation for one of our clients. Whilst it sounds shocking, contentious neighbourly disputes are sadly quite common and have only been exacerbated by Covid-19 necessitated lockdowns. Several organisations which deal in mediating disputes between neighbours, like Calm Mediation and Scottish Mediation, launched hotlines to deal specifically with arguments resulting from coronavirus lockdowns.
The Guardian ran an article in peak lockdown last year titled, ‘Like the English Civil War’, quoting one ‘concerned retiree’ on strained community relations. If your neighbour was intentionally damaging your property and becoming physically violent with you, it could indeed feel like someone was waging war on you, especially within the restrictive conditions of lockdown.
The important thing to remember is that no-one should have to put up with abuse. Everyone has the right to feel safe, especially in their own home. No matter the demand of lockdown or the expenses incurred by removing Knotweed, aggression is never the answer.
Despite the intimidation our client has faced, they still wish to resolve the matter through mediation, hoping they can find a way to see eye-to-eye with their neighbour. Conflict happens and communication breaks down; that’s just a part of life – but it doesn’t always have to be the end. The Centre for Alternative Dispute Resolution website says that ‘mediation provides an opportunity for people to communicate better, to understand one another’s concerns, and to jointly come up with ideas for how to end their dispute.’ In fact, mediation is rather like pain-relief; and just like Japanese Knotweed can reduce inflammation, mediation aims to take the fire out of difficult disputes. We hope our client’s neighbour comes to see the value of it too.
Author: Isobel Macleod
If you are seeking advice on any of the issues discussed in this article, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.
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De Jure Chambers has partnered with the Anglia Ruskin University Foundation to offer internships to the university’s law students. Paul Chiy, the principal of De Jure Chambers, says, ‘We are delighted to partner with our local university in supporting young graduates gain the experience to access the profession.’ The internship has already been very successful, with several ARU graduates currently working at De Jure Chambers, and we hope this relationship will continue to grow.
When Angelica Botta graduated from Anglia Ruskin University, she quickly found the job market to be extremely over-saturated. ‘You apply for job after job and you get endless rejections back, if they do get back to you at all,’ she said. ‘It can be disheartening. Nobody really says it, but at a lot of places it seems to be a lot more about who you know rather than what you know. I just wanted an opportunity to prove I could do it, as much to myself as to anyone else.’ She decided to use her university’s employability support network, and on their list of temporary vacancies found an eight-week Legal Administrator internship at De Jure Chambers. It looked like her opportunity had finally come: she applied successfully for the internship, and after the eight weeks was up she was given a one-year contract. This April she was promoted to Senior Paralegal after only five months working at the firm.
What makes the De Jure internship different from other work experience programs? According to Angelica, ‘the difference is that work experience is normally just reading documents, but with DeJure, I joined on Monday and had my first client on Tuesday. I had to find a solution. I had to learn how to draft documents, how to draft contracts, how to deal with the client, how to do my administration – I had to figure it all out straight away. That’s the difference, you don’t just observe other people doing the work, you do the work yourself right from the outset.’ In this way, the internship actually equips people for effective preparation for a career in law. When asked how the internship had helped her, Angelica said, ‘Quite frankly, it gave me a career. I was working at Debenhams at the time I started at De Jure. If it wasn’t for the internship I would probably still be in retail.’ This is because at De Jure Chambers we don’t value who you know, we value what you know. The internship gives brilliant people the opportunity to pursue their ambition.
De Jure Chambers is a progressive law firm committed to helping create a fairer society, whether that’s through supporting the development of our local communities, making sure high quality legal services are affordable for everyone and not just large corporations, or, as here, finding ways to level out the playing field and make this industry accessible to all new graduates.
The Anglia Ruskin University Foundation aims to advance the education of students attending the university through financing the provision of any facilities not normally provided to students.
To find out more, email This email address is being protected from spambots. You need JavaScript enabled to view it., telephone +44 2087980917, or visit the website at www.dejurechambers.co.uk.
De Jure Chambers has offices at 5 Chancery Lane, London WC2A 1LG, and F21 Stirling House, Waterbeach, Cambridge CB25 9QE.
Author: Isobel Macleod
If you are seeking advice on any of the issues discussed in this article, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.
Legal Disclaimer:
The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the Our Site Content.
We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
1. INTRODUCTION
1.1. As part of its support for businesses and self-employed people during the coronavirus pandemic, the Government, through the: Department for Business, Energy & Industrial Strategy, has set out the following 5 practical steps for businesses to take to ensure work is carried out safely during coronavirus (COVID-19) pandemic[1]:
1.1.1. Carry out a COVID-19 risk assessment;
1.1.2.Develop cleaning, hand washing and hygiene procedures;
1.1.3.Help people to work from home;
1.1.4.Maintain 2 m social distancing, where possible; and
1.1.5.Where people cannot be 2 m apart, manage transmission risk
1.2.This Briefing Note No. 3 outlines employers’ obligations in relation to the first of these steps, carrying out a COVID-19 risk assessment.
2. GOVERNMENT GUIDANCE ON COVID-19 RISK ASSESSMENT
2.1.Government guidance requires that before restarting work you should ensure the safety of the workplace by:
2.1.1. carrying out a risk assessment in line with the HSE guidance;
2.1.2. consulting with your workers or trade unions; and
2.1.3. sharing the results of the risk assessment with your workforce and on your website.
2.2.The government guidance references The Health and Safety Executive Guidance on “Managing risks and risk assessment at work[2]” (“HSE Guidance”) as a standard for risk assessment. Following an overview, the HSE Guidance outlines:
2.2.1. the steps needed to manage risk;
2.2.2. provides a risk assessment template and examples; and
2.2.3. further detail on managing risk.
3.THE LAW - CIVIL AND CRIMINAL LIABILITY
3.1. Employers have specific statutory duties under the 1992 ‘six pack’ of health and safety regulations implementing the EU health and safety regime in the UK[3]. At the heart of this regulatory regime is the obligation on employers under Regulation 3 of the Management of Health and Safety at Work Regulations 1999 to carry out risk assessments (See De Jure Chambers Briefing Note No. 1).
3.2. Employers also owe their employees a common law duty of care to provide a safe place and system of work, safe equipment and safe staff. Both criminal and civil law are available for breach of these obligations. An employer found to commit a criminal offence may receive verbal or written advice; get an improvement or prohibition notice or be be prosecuted.
3.3. Regulators such as the Health and Safety Executive (HSE) or local authority may bring a criminal prosecution and any person has been injured or made ill through your negligence as an employer, may be able to make a compensation claim against employer.
3.4. The employer may also be found liable if an employee or anyone who works for the employer has been negligent and caused harm to someone else.
3.5. If a claim is successful, a court may make a judgment against the employer, and award money (‘damages’) to compensate for the pain, losses and suffering caused. If HSE have to help you put things right, you’ll need to pay for their time. This is called a ‘fee for intervention’ (FFI).
3.6.Please note:
3.6.1. No one has to have been harmed for an offence to be committed under HSWA – there only has to be a risk of harm.
3.6.2. If you meet your responsibilities under health and safety law you will considerably reduce the risk of being found negligent under civil law. Your starting point is a risk assessment and Health Surveillance under the “The Management of Health and Safety at Work Regulations 1999”
3.7.Risk Assessment
3.7.1. Under paragraph 1 of Regulation 3, The Management of Health and Safety at Work Regulations 1999 (“MHSAWR”), every employer must complete a suitable and sufficient assessment of
3.7.1.1.“the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
3.7.1.2.the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997”.
3.7.2.Paragraph 2 of Regulation 3 MHSAWR provides similar specification for self-employed persons: “ Every self-employed person shall make a suitable and sufficient assessment of
3.7.2.1.the risks to his own health and safety to which he is exposed whilst he is at work; and (
3.7.2.2.the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions”.
3.7.3.Paragraph 3 of Regulation 3 MHSAWR is of particular relevance to the COVID-19 pandemic. It requires that all prior risks assessments must be reviewed by the employer or self-employed person who made it if
3.7.3.1.there is reason to suspect that it is no longer valid; or
3.7.3.2.there has been a significant change in the matters to which it relates; and
3.7.3.3. where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned must make them.
3.8.Health Surveillance
3.8.1.Every employer must ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by a risk assessment: Regulation 6 MHSAWR.
Please contact us if you would like a briefing on Zoom or with any issues you would like further advice on issues identified.
[1] https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/5-steps-to-working-safely
[2] https://www.hse.gov.uk/simple-health-safety/risk/index.htm
[3] The regulations are: The Management of Health and Safety at Work Regulations 1999 (MHSWR); The Provision and Use of Work Equipment Regulations 1998 (PUWER); The Manual Handling Operations Regulations 1992; The Workplace (Health, Safety and Welfare) Regulations 1992; Personal Protective Equipment at Work Regulations 1992; Health and Safety (Display Screen Equipment) Regulations 1992.
SUMMARY
This is a briefing note on key COVID-19 issues for Directors, Chief Executive Officers and In-house lawyers to consider. We expect the Board to have considered the following COVID-19 related issues and taken steps to mitigate the risk:
Update: Employer must have created and started a PAYE payroll scheme on or before 19 March 2020 instead of February 2020 and 2) on 17 April 2020, Chancellor extended furlough scheme by 1 month to end of June 2020. to reflect continuing social distancing measures.
The UK Government introduced the Coronavirus Job Retention Scheme on 26 March 2020 and it was subsequently updated on 9 April to include information on eligibility and pension contributions.
The scheme is a financial package designed to help UK employers whose operations have been severely affected by the current coronavirus pandemic (COVID-19). It enables employers to retain employees and so protect the UK economy. It is currently in place for three months from 1 March 2020.
The scheme is open to any legal entity including businesses, charities, recruitment agencies and public authorities that meet the following key criteria:
The scheme is open to office holders (including company directors), salaried members of Limited Liability Partnerships (LLPs), agency workers (including those employed by umbrella companies), limb (b) workers, apprentices, individuals and administrators. Public sector organisations may use the scheme to furlough employees if they meet specified criteria.
Employees eligible to be furloughed
There are some employees that are not eligible to be furloughed:
There is no advice for companies on how to select staff to be furloughed. However employment and equality law still apply.
It is up to an employer whether or not to furlough, which employees to furlough and when. However, the decision and selection of employees must be structured, formal and comply with direct or indirect discrimination and equality law. An employer must create an objective selection procedure to decide which employees to furlough. This will ensure they are fair and consistent, limiting the risk of falling foul of discrimination law.
Employers should discuss the plan and process with employees and come to an agreement with the worker if the employment contract needs to be changed. Employers must confirm the agreement to furlough in writing to their employee and a record of this communication must be kept for five years.
Employers who furlough employees can apply for a grant that covers 80% of their usual monthly wage costs up to £2,500 a month from the date that the employee starts furlough. The £2,500 cap includes associated Employer National Insurance contributions and pension contributions (up to the level of the minimum automatic enrolment employer pension contribution) on that subsidised furlough pay.
Any regular employer payment like wages, past overtime, fees and compulsory commission payments is eligible. However discretionary payments must be excluded. Employers can choose to top up employer's employee’s salary, but are not mandated to do so.
In order to make a claim, employers must provide:
HM Revenue & Customs (HMRC) is creating an online claims portal for the scheme which is expected to be available by the end of April 2020.
When it becomes available and an employer makes a claim, HMRC will check the claim, and if an employee is eligible, the grant will be paid by BACS to a UK bank account.
This is a brief summary of De Jure Chambee's view on the Job Retention Scheme as at 14 April 2020. It is not legal advice. If employer wish to use the scheme employer should read all the government guidance before deciding how best to proceed. To seek independent legal advice from our CORVID-19 Team of specialist employment, health and safety, insurance, personal injury, Health and Social Care and regulatory/local authority lawyers, please contact our offices:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: +44 2087980917 (Chancery Lane Office) Or +44 1223 643580 (Cambridge Office)
Mobile/Text/WhatsApp: +44 7964825381
Many clients tend to rely solely on their own hard-earned income to fund their legal cases. This is particularly true for those from low-income backgrounds. The already rich rarely fund their cases from their own income. This places those from low-income backgrounds at a disadvantage as the already-rich clients can afford to further exploit most legal channels sometimes against the low-income owners who rely on their hard-earned salaries, families and friends. It is NOT that many from low-income backgrounds do not have access to this funding for their legal matters. They do. Rather, it is because most are not aware and, therefore, cannot access alternative sources of funding. This immediately places them at a disadvantage at the outset.
This month, De Jure Chambers is offering FREE legal advice anyone who wishes to exploit alternative funding available to them. Now is a good time to establish what is available to you. It is not when a matter becomes contentious or you have to attend court because the steps you take prior to and right at the outset can jeopardise access to funding which will be otherwise available.
To register your interest, Please email This email address is being protected from spambots. You need JavaScript enabled to view it. or telephone +44 208 798 0917 | Mobile: +44 7964825381 to establish what alternative funding sources are available to you.
Non-UK Nurses fall short of new revalidation compliance compared to their UK counterparts.
Terms of Business June 2015
We will, however, always carefully consider our professional obligations in relation to instructions from you or any other client. We have rigorous procedures in place to identify conflicts of interest and to preserve the confidentiality of information we receive.
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Telephone outside the UK: + 44 12245 3050
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Appendix 1 - Money laundering
If we have been unable to confirm your individual or corporate identity, or the beneficial ownership of your company, through searches of public records, we will write to you to ask for the information below:
Corporate clients
In common with banks, building societies and others, we are required by law to obtain evidence of the identity of company clients and at least one active director - preferably the person who instructs us.
Please could you confirm that the enclosed copy documents and information in relation to the company, which has been taken from documents and information available from Companies House at today's date, are complete and up-to-date:
Please let us have a certified copy of any updated documents under (a) or (b) above or details of any differences to the information referred to at (c) and (d).
To comply with money laundering regulations, could a director of the company also provide evidence of their own identity and address, by producing the original of their passport and of a recent (last 3 months) gas, electricity, water or council tax bill or a bank statement addressed to them at their home address. If not able to produce these items personally, please let us have copies certified as correct by a solicitor, bank manager or chartered or certified accountant.
Individual clients
In common with banks, building societies and others, we are legally required to obtain evidence of an individual client's identity and address. This is because criminals wishing to launder money can use solicitors who deal with money and property on behalf of clients.
Please could you provide evidence of your identity, by producing the original of your passport and of a recent gas, electricity, water or council tax bill or a bank statement addressed to you at your home address. If you cannot produce these items personally, please let us have copies certified as correct by a solicitor, bank manager or chartered accountant.