Ince Podcasts: Recent Episodes

Ince

Welcome to Ince Podcasts - a series of podcasts presented by various members of our legal teams. These podcasts include industry insights into a range of different sectors and services as our experts delve deep into current issues.

Welcome to the sixth edition of Smart Talk. In this podcast, Colette Kelly, Partner, Regulatory Solutions, and Sophia Arshad, Professional Support Lawyer discuss Sir David Calvert-Smith QC’s report into the failings of the Serious Fraud Office (SFO) in its handling of the Unaoil case.

The podcast discusses the lead-up to the review including Mr Ziad Akle’s grounds for appeal and the conviction being quashed, the failings identified and the recommendations for change suggested by Sir David Calvert-Smith QC.

Smart Talk provides busy professionals operating within the Energy sector short and frequent updates on topical issues and points of law affecting the Energy industry. The talks are hosted by our Energy specialists and other leading experts.

Please do keep an eye out for further mailings in relation to our "Smart Talk" and “Smart Contracting” under English law events. Should you have colleagues that would be interested in this content, please feel free to forward the mailing to them.

In our latest 'Smart Talk' energy sector podcast, Chris Kidd, the Joint Head of Energy and Infrastructure at Ince, is joined by Tarek Taha to shed light on avoiding key pitfalls when drafting payment deferral clauses in the context of refund guarantees.

In our latest 'Smart Talk' energy sector podcast, our experienced partners Chris Kidd and Stuart McAlpine discuss the global trends in climate change litigation, the legal and practical significance of these trends and the impact on oil and gas companies as well as those in the renewables sector.

In this case, the Sellers were able to claim payment for goods delivered, notwithstanding that they were alleged to be defective and the sale contract contained a retention of title clause.

In this podcast, Monika Humphreys-Davies, Senior Associate, discusses the decision.

The Court has considered which time zone applies to determine the date of completion of discharge for the purposes of deciding whether notification of a demurrage claim was made too late.

In this podcast, Monika Humphreys-Davies reviews the decision and explains why the Court held that it was the time zone at the place of discharge.

Speakers

Gillie Belsham, Joint Head of the Energy & Infrastructure
Colette Kelly, Financial Crime Partner

Our first session in the Smart Talk series features Gillie Belsham, Joint Head of the Energy & Infrastructure, and Colette Kelly, Financial Crime Partner. In this episode, they review the Serious Fraud Office's recent conviction of Petrofac Limited for failing to prevent bribery, and examine the possible implications of the conviction for other companies in the energy market.

Guest Starring: Susan J Williams

Host: Mili Sandifer-Smith

Topics: Divorce; Dissolution; Parental Responsibility; Child Arrangement Orders; Children; Separation; Mediation; Court Applications; Custody; Residence and Contact; Marriage; Civil Partnership; Mothers and Fathers; Private Law; Welfare Checklist; Child Maintenance; Relationships; Co-Parenting; CAFCASS

In the fifth episode of “Family Matters” we are joined by Susan Williams who sheds light on agreements between separating couples regarding their children.

We start by breaking down the concept of Parental Responsibility in order for separating couples to start their journey to co-parent their children effectively. For those who opting for the Court route in order to obtain a Child Arrangements Order, there are many factors to be considered known as the ‘welfare checklist’; whereby decisions are made in the best interest of the child or children. We discuss how gender may play a role in these decisions and the importance of early advice.

Useful Links:

https://www.gov.uk/parental-rights-responsibilities
https://www.gov.uk/looking-after-children-divorce
https://www.lawsociety.org.uk/topics/family-and-children
https://childlawadvice.org.uk/information-pages/explaining-the-legality-of-a-child-arrangements-order/
https://www.lawgazette.co.uk/commentary-and-opinion/supporting-families-in-conflict/5110584.article

Guest Starring: Sharon Priday and Andrew Williams

Host: Mili Sandifer-Smith, Ince

Topics: Divorce; Matrimonial Finances; Private Wealth; Matrimonial Assets; Asset and Financial Protection; Financial Disclosure; Separation; Wills; Income Tax; Inheritance Tax; Capital Gains Tax; Property

In the fourth episode of “Family matters”, Sharon Priday, Managing Associate, and Andrew Williams, Managing Associate come together to bring you both the family and the private wealth legal perspective on matrimonial finances.

Sharon provides us with an overview of the matrimonial financial process to include when you could be protecting your wealth and how best to do this. We discuss the financial disclosure of pensions, medical records, business records, and inheritance. Andrew delivers persuasive points for separating couples to consider in terms of their Wills and how they hold their property. He also gives us an overview of how Capital Gains Tax and Income Tax can play an important role in the matrimonial financial process.

Useful Links:
Ince – https://www.incegd.com/en/services/family-matrimonial
Ince - https://www.incegd.com/en/news-insights/family-demystifying-wills
Ince - https://www.incegd.com/en/news-insights/married-separated-or-divorced-how-does-your-marital-status-affect-your-tax-treatment
Citizens Advice - https://www.citizensadvice.org.uk/family/sorting-out-money/benefits-and-help-with-council-tax-when-you-separate/
Divorce Online - https://www.divorce-online.co.uk/blog/tax-rules-on-divorce/
HMRC - https://www.gov.uk/tell-hmrc-change-of-details/relationship-or-family-changes

In our second CSR podcast, Ince Impact members Alex Davidson, Hope Wilkins, and Francesca Jus-Burke talk us through the CSR initiatives Ince volunteers have been involved with over the past few months.

Speakers:

Chris Kidd, Head of Shipbuilding and Offshore Construction, Joint Head of Energy & Infrastructure, Partner London
Stuart Mcalpine, Global Head of Marine Projects, London

Climate change litigation is a growing trend; and the legal industry bears witness to a rise in claims brought against both governments and private corporations for either failing to prevent, or contributing to, harmful carbon emissions across the world.

In this podcast, our Energy team considers the landmark decision from the District Court of The Hague in the matter of Milieudefensie et al. v. Royal Dutch Shell PLC, how a national court’s decision can impact the global market, and why this ruling is not to be ignored.

Host: Mili Sandifer-Smith, Ince

Guest Star: John Burrell, Ince

Topics: Divorce; Divorce proceedings; Divorce, Dissolution & Separation Bill

In this episode, we kick off by discussing the most talked about area of family law: divorce. With particular emphasis on the changes in legislation to divorce which will be coming into force next year, having been delayed while the UK government works to implement these changes.

We listen to the first-hand experience of John Burrell, Consultant for the Ince London Family Department and his thoughts on this new legislation: the Divorce, Dissolution and Separation Bill. We re-cap on the current ways in which divorce has been processed within and outside of the Family Courts and how this is likely to change. For individuals not working within family law, we touch on the current system of blame and fault; together with the social stigma of divorce in general.

Useful Links:

No fault divorce – possible from Spring 2022
UK Government
Law Society
Law Gazette

Guest Starring: Jack Duffy, Queen Square Chambers

Host: Mili Sandifer-Smith, Ince

Topics: recap of non-molestation orders, domestic abuse, Domestic Abuse Bill, statistics of men & women domestic violence, DVPNs, DVPOs

In our second episode of the series brought to you by Ince, in any case, we re-cap from our previous episode and delve beyond non-molestation orders to domestic violence. Due to changes in the law there have been significant changes to the legal definition of domestic abuse.

Jack explains the way in which domestic violence affects legal proceedings within the family court. We touch on the gendered notion of domestic violence and highlight the importance for male victims of abuse as in the case of Jordan Worth and Alex Skeel. We review the significance of the Domestic Abuse Bill and how this will encourage further access for justice, for those who need it.

Useful Links

UK Government - https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

Citizens Advice - https://www.citizensadvice.org.uk/family/gender-violence/domestic-violence-and-abuse-getting-help/

Non-Molestation Orders - https://www.ncdv.org.uk/non-molestation-order/

Domestic Abuse Bill 2020 - https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-factsheet

In a commodities contract dispute, the Court of Appeal has taken a different view to the Commercial Court on whether the contractual terms were consistent and could be read together, or whether they conflicted. The difference of opinion on this key issue of contractual interpretation highlights the type of problem that can arise where industry-standard terms are incorporated into a bespoke contract.

In her latest podcast, Natalie Jensen discusses the Court of Appeal’s decision.

In this podcast, Julian Clark, Ince Global Senior Partner and Deanna MacDonald, Founder & CEO of Bloc demystify exactly what Blockchain is.

Julian and Deanna discuss the role of blockchain in developing a system for electronic bills of lading, and take a deeper look at the systems that Bloc is developing to change the way in which the maritime industry deals with various issues, such as carriage of dangerous goods, crew welfare, resolving issues concerning ownership and quality of bunkers, and finally that all-important issue of helping the industry cope and address the demands of environmental social governance.

If you have any questions regarding this podcast you can contact either Julian or Deanna via their contact details below:

Julian Clark, Ince Global Senior Partner: JulianClark@incegd.com
Deanna MacDonald, Founder & CEO of Bloc: deanna@wearebloc.io

Guest Starring: Jack Duffy, Queen Square Chambers

Host: Mili Sandifer-Smith, Ince

Topics: Capacity; Non-Molestation Orders; Domestic Violence Protection Notices; Domestic Violence Protection Orders

Welcome to our first episode of Family Matters. In this first episode of our series, we explore what working in the legal profession has been like during the Covid-19 pandemic. This series is suitable for those with little to no knowledge of family law, as well as those who have made a career within this niche area of English & Welsh law.

We touch on the pros and cons of remote hearings and issues of capacity within legal proceedings, with which Jack has first-hand experience in his role as a Barrister. Our main area of discussion is the concept of a Non-Molestation Order; who can have them, what do they mean, and the effect of this on legal proceedings. This leads us to the recently introduced concept of Domestic Violence Protection Notices and Domestic Violence Protection Orders; and how these work in practice.

Useful Links

UK Government - https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

Citizens Advice - https://www.citizensadvice.org.uk/family/gender-violence/domestic-violence-and-abuse-getting-help/

Non-Molestation Orders - https://www.ncdv.org.uk/non-molestation-order/

The case of Armada Ship Management(s) Pte Ltd v. Schiste Oil and Gas Nigeria Ltd (Armada Tuah 101) [2021] EWHC 1094 (Comm), highlights the importance of revising standard form terms carefully to avoid any subsequent confusion as to what was actually agreed. Upon the claimant making an application under s.32 Arbitration Act 1996 (“AA 1996”) for a declaration that a sole arbitrator had been validly appointed, the Court held that such applications are inappropriate where the defendant fails to participate in the arbitration.

Natalie Jensen, Managing Associate, discusses why the Court would not grant the declaration sought. Please read the original article here: https://fal.cn/3fNww

This podcast by Chris Kidd, Joint Head of Energy & Infrastructure, and Tarek Taha, Associate, addresses the recent case of Apache UK Investment Limited v. Esso Exploration and Production UK Limited [2021] EWHC 1283 (Comm), where the High Court considered liability for decommissioning costs, in the context of a Sale and Purchase Agreement.

The content of the podcast was first published as an article, which you may access by clicking here.

This UK Volunteers’ Week, we are pleased to launch the first in a new series of Ince Impact podcasts about CSR at Ince. In this first podcast, Ince CSR committee members Donal Keaney, Francesca Jus-Burke, Alex Davidson and Rachel Bennion, provide an overview of CSR at Ince and give an insight into the types of projects that our volunteers have been involved with over the past few months. Thank you to the CSR Committee, Ince’s volunteers and Ince’s charity partners for making all this possible. Stay tuned for the next podcast in two months’ time.

In the context of a post-pandemic and post-Brexit world, Lola Akinloye, Associate in the London Real Estate team and Africa Practice Group, discusses the key considerations for Africans and other overseas persons contemplating moves to and investment into the UK property market.

Roger Harding, our Tax Director, runs through some key tax issues to consider when coming to live in the UK, in order to effectively plan for becoming UK tax resident.

Thinking of moving to the UK?

In the first episode of our 'Future of the UK post-Brexit/post-pandemic' series, Alan Platt, our Consultant Director of Immigration at Ince, runs you through some of the available immigration routes into the United Kingdom – Tier 1 (Investor), Innovator, Sole Representative and Skilled Worker.

In this podcast, David Owens discusses a recent decision that highlights the difficulties that can arise where the initially agreed terms of a commodities contract do not include an arbitration agreement.

You can also read the article here.

Are you seeing double? In this podcast, Eric Eyo explores a recent case, where the court decided to grant the Claimant an “anti-anti-suit injunction”, to counter a foreign anti-suit injunction obtained by the Defendant in breach of a London arbitration agreement. Please read the article here.

The Court of Appeal has confirmed that the words “clean on board” and “SHIPPED in apparent good order and condition” in a draft bill of lading do not amount to a representation or warranty by the shippers or charterers as to the apparent condition of the cargo. They are merely an invitation to the Master to make his own assessment of the cargo’s apparent condition on shipment and to make the appropriate representation in the bill of lading he signs and issues at the time of shipment.

In this podcast Natalie Nielsen discusses the significance of the Court of Appeal’s decision and how it reflects the general understanding of industry practitioners and commentators.

Please read the podcast in article format here.

In this podcast, Chris Kidd explains the recent Court of Appeal ruling in British Gas Trading Limited v Shell UK Limited, Esso Exploration & Production UK Limited concerning a “take or pay” arrangement, in which the British Gas, the buyers of natural gas were only entitled to nominal damages despite Shell's breach of their capacity obligations as sellers.

Please read the full article here.

The Court has granted a final anti-suit injunction, restraining a cargo claimant from continuing proceedings in the Chinese courts, in breach of a London arbitration agreement in the bills of lading. Despite the Chinese Court reserving jurisdiction over the dispute, the English Court granted the injunction because, importantly, the Shipowners had not unduly delayed in seeking relief and the Chinese proceedings were not very far advanced.

Please read the article here.

In the panel discussion ‘Shipping Finance: Trends, Products and Pricing’ at the Marine Money Ship Finance Forum in London on 27 January, the panel of experts reflected on the health of the shipping industry, and provided their insights into current trends in ship financing; including the diversification of capital and the growth in popularity and value of Chinese lease houses as alternative ship financing providers.

In this short podcast, Global Head of Marine Projects at Ince and panel moderator, Stuart McAlpine, is joined by Managing Director of Smarine Advisors Norway AS and panel speaker, Thor Erling Kylstad, to reflect on the panel discussion and discuss some of their key takeaways and thoughts.

To watch the full session, click here: https://www.youtube.com/watch?v=yA2czaT8e8Y

The Court has held that charterers were in repudiatory breach of charter by redelivering the vessel early. The Charterers claimed that they were entitled to rescind the charter because the Owners had misrepresented the vessel’s performance capabilities.

The Court, however, held that the Charterers had affirmed the charter by their conduct and had thereby lost the right to rescind it, even though they had continued to perform their charter obligations under a “reservation of rights”.

Please also read the article by Eric Eyo, here.

maritimelaw #shippingindustry #shippinglaw #charterers #SKShippingEurope #CapitalVLCC #CapitalMaritime #Rescission #Affirmation #Ince

The Brexit transition period came to an end on 31 December 2020, shortly before which the UK and the EU were finally able to agree a trade deal.

In this podcast, David Choy sets out key points to take into account when considering the recognition of law and jurisdiction clauses and the enforcement of English court judgments, as of 1 January 2021

For the second time in four years, a Conservative Government has begun consultation on ways to reform post-termination restrictions in employment contracts. In this podcast, Martin Pratt explores the latest UK government proposal to reform (or even abolish) post-termination non-compete restrictions.

Please read the accompanying article here.

This podcast by Chris Kidd, looks at the recent Court of Appeal ruling in which a Farm-out Agreement and a Joint Operating Agreement were interpreted by the courts by reference to one another. The implications of this decision has wider application for interpreting related contracts and precedence clauses in general.

To listen to the podcast with the related slides, please click here.

For the final podcast in our anti-bullying week series, Fiona Young, Consultant at Ince in Gibraltar, details how to seek external assistance when necessary.

In the fourth podcast for our anti-bullying week series, Fiona Young, Consultant at Ince in Gibraltar, explores putting in place systems, mechanisms and procedures to eliminate bullying in the workplace.

In the third podcast for our anti-bullying week series, Fiona Young, Consultant at Ince in Gibraltar, talks about understanding the bully.

In the second podcast for our anti-bullying week series, Fiona Young, Consultant at Ince in Gibraltar, explores the impact of bullying in the workplace.

In the first podcast for our anti-bullying week series, Fiona Young, Consultant at Ince in Gibraltar, introduces herself and what the series is about.

Following the Corporate and Insolvency Governance Act (CIGA) brought in earlier this year, the ability for companies to convene meetings in a flexible way through using a range of technologies has been extended until 30 December 2020.

Elizabeth Callard from our Corporate team outlines how companies can hold shareholders' meetings virtually in this podcast and in her latest article: https://lnkd.in/dj8GBFT

In this podcast, our compliance experts Annette Fong and Michelle Walsh look at the AML regulatory aspects of cryptocurrency and in particular, discuss:

Why Now? An update on 5MLD and the new requirements for cryptoasset businesses.
Back to Basics: What are the fundamental basics in AML? Know Your Customer, Know Your Business, Know Your Transactions and how does this apply to cryptoasset activities?
How can the requirements of 5MLD be achieved? Quick overview of Regtech and what it can provide.
Challenges: The need to 'think outside the box' and go though some examples.

This podcast was originally recorded as a webinar on our Ince Presents channel: https://www.gotostage.com/channel/c7bad3e6d1594a92bd009c2d280afba9/recording/9fd9c9bf557c43ee80ed010cc206254f/watch

Blockchain has gone far beyond its beginnings in cryptocurrency and it is now transforming more and more industries. In light of the ongoing coronavirus pandemic, organisations need to rethink their business methodology and Blockchain can be the answer to many problems. In this podcast Edward Chapman will discuss how Blockchain technology is being used to digitise global supply chains.

This podcast was originally recorded as a webinar on our Ince Presents channel: https://www.gotostage.com/channel/c7bad3e6d1594a92bd009c2d280afba9/recording/03669d94df1f4fc8975282cc777067a1/watch

Peter Howitt, our crypto expert, discusses:

What is cryptocurrency?
How does cryptocurrency work?
Different types of cryptocurrency.
Why are cryptocurrencies disruptive?
What keeps cryptocurrency safe and secure?

This podcast was originally recorded as a webinar on our Ince Presents channel: https://www.gotostage.com/channel/c7bad3e6d1594a92bd009c2d280afba9/recording/98ed9a1a3c0e4dcf8e25f2a0af4a7c50/watch

In this podcast our crypto expert, Peter Howitt speaks with the CTO of Capitalgram, Mikko Ohtamaa, Vice President of Finance at Gnosis, Steven Borg and CEO of KR1 plc, George McDonaugh. This podcast covers:

Global use of cryptocurrency
Decentralised finance
Crypto-market & Regulations
Blockchain industry in Gibraltar

This podcast was originally recorded as a webinar on our Ince Presents channel: https://www.gotostage.com/channel/c7bad3e6d1594a92bd009c2d280afba9/recording/b4ccf5000dac4332b2c777ca1e39022c/watch

With businesses being given the green light to open up their doors to both customers and staff once again, employers are now faced with unprecedented staff issues; from employees who are scared about returning to the workplace, to those that can’t due to unforeseen childcare commitments, along with a sudden rush of holiday requests.

So what does an employer do? Listen to our Q&A with Laura Livingstone, Partner, Head of Employment and Rebecca Lynch, Partner, Group Referrals Director to find out.