Karen Collins

Solvency considerations for purposeful businesses

A coronavirus guide. If you’re a social enterprise, a B Corporation (B Corp) or another profit-with-purpose business and you have concerns about the solvency of your business through the Coronavirus crisis, we’ve prepared this guide. Lenders to such businesses may also find it useful. If you are a charity, please read our guide on Charity Insolvency …
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Coronavirus: New approaches to procurement and contracting from the Cabinet Office

The government has issued two Procurement Policy Notes in quick succession as part of their response to the ramifications of COVID-19. Whilst they are relevant primarily for those providing goods, works and services to government, there are perhaps lessons for businesses more generally in terms of engagement with their supply chains / value circles, particularly …
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COVID-19 and EU State Aid: The Coronavirus Business Interruption Loan Scheme

In this short article we look at the Coronavirus Business Interruption Loan Scheme, and how this has been approved under the rules on EU State Aid. Whether you work for a commercial business, a social enterprise or a charity, we’d be happy to help you consider how State Aid and the wider rules on competition …
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Directors’ duties for B Corporations: A Coronavirus Guide

During the coronavirus crisis, the directors of certified B Corporation (“B Corp”) companies will want to be sure they are complying with their duties. This quick guide aims to help them to do so, however it is not a comprehensive guide to directors’ duties. Some of the issues considered below may apply to other forms …
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First GDPR fine from the ICO

So you might have missed it in the run up to Christmas but, on 20th December 2019, the ICO issued its first GDPR fine. Due to a number of serious breaches of the GDPR, the ICO fined a London pharmacy £275,000. This is a reduced sum from the original ICO’s intention to fine of £400,000. …
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Economic migration and salary thresholds: could an Australian-style points based system work in the UK?

The Migration Advisory Committee (“MAC”) has published its review of salary thresholds for economic migration and how an “Australian-style” Points Based System (“PBS”) could work in the UK. The MAC’s review of how salary thresholds are calculated for Tier 2 applicants was initially commissioned by Theresa May’s government in June 2019. Subsequently, in September 2019, …
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Trust Registration Service: update for charities

In June 2019 we responded to HM Treasury’s consultation on the transposition of the Fifth Money Laundering Directive and, in particular, the proposed requirement for all charitable trusts to register with the Trust Registration Service (regardless of whether or not they incur a tax liability). In our response we expressed concerns about the implications of …
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ICO publishes new draft Code on Direct Marketing

The ICO has published a draft Code of Practice on Direct Marketing. The Code is out for consultation and will replace the previous ICO guidance on Direct Marketing. The Code is a statutory code of practice and as such must be taken into account by the ICO when assessing compliance with direct marketing obligations under …
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Is there a legal strategy to tackle the biodiversity crisis?

With the rapid decline of biodiversity worldwide, Bates Wells is working with Michelle Meagher to consider how the law can be used and advanced to provide solutions. In this article, Michelle sets the scene. Nature is our refuge, our strength, our spirit, our history.  It is how we feed, clothe, heal, warm, and house ourselves.  …
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Data Privacy, International Data Transfers and Brexit: what next in 2020?

Throughout 2019 we did our best to keep up with Brexit (Would it happen? When would it happen? What form might it take?). You can read our attempts here. Since the result of the UK general election on 12 December 2019, we have a much clearer idea of how Brexit will impact on data privacy, …
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The Times: Lindsay Draffan comments on the future of EU state aid rules post-Brexit

In the aftermath of the UK government’s decision to save stricken airline Flybe, Lindsay Draffan in our Corporate & Commercial team addressed the future of state aid post-Brexit in commentary for The Times. With the Flybe case prompting claims from the airline’s competitors that the government’s measures are an unfair intervention from the state, many …
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When to disapply subordinate legislation: Melanie Carter & Alistair Williams write for Law Society Gazette

In a blog for the Law Society Gazette, Melanie Carter and Alistair Williams examine the case of RR v Secretary of State for Work and Pensions, and the court’s judgment that ‘it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a human right’. In summary, this …
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