Medicines and Healthcare Regulatory Agency

With the growth of the internet a wide variety of goods and services are available on line that would otherwise be difficult or expensive to get hold off. One particular area that has seen significant expansion is the availability of drugs that would have otherwise only been available on prescription. And now with Covid-19, we have been asked to advise on the importation of materials such as sanitisers that potentially will help the population.

The Medicines and Healthcare Regulatory Agency regulates the importation of all drugs into the UK, as any medicine purchased outside the regulated supply chain cannot be guaranteed to meet standards of quality, safety and effectiveness meaning they can present a real risk to public health. Some may contain dangerous ingredients which can have devastating consequences for patients who use them.

It is obviously very important that illegal imports are policed very closely to ensure that people don’t unsuspectingly purchase drugs that may do them harm, or think they are saving money by buying on line from unverified sources.

You might be surprised to find you can legally buy many drugs online in the UK, and that’s because although their purchase requires a consultation with a doctor, this meeting does not need to be face to face. An online consultation might be sufficient.

There are examples of people innocently ordering medicines from US websites on the advice of a doctor, only to receive a Notice of Seizure from Border Force stating it was a controlled drug and was liable to forfeit.

A couple had been undergoing costly, private IVF Treatment and there doctor had advised them to obtain a supplement on line that would help the process and would also be cheaper than buying in the UK.

On investigation it transpired that the medicine was perfectly legal to buy for personal use in the UK, but Border Force had interpreted the guidelines based on it being an unlicensed drug in the UK.

This illustrates what a complicated area this is with many grey areas and pitfalls.

We continue to be contacted by both individuals and companies who have had valuable goods confiscated by UK Border Force and face prosecution by the The Medicines and Healthcare Regulatory Agency and HMRC.

If you need to discuss concerns on importation and licenses, or have any issues in relation to HMRC, MRHA or UK Border Force you can contact me at ph@rogers-norton.co.uk or on 01603 675639.

Litigation Team Successfully Oppose Winding Up Petition for client

Our litigation team successfully defended and opposed a winding petition for a company, having been instructed on a Monday night for a hearing on Wednesday. We opposed the winding-up petition as the debt was disputed and there was a genuine dispute. The dispute related to business rates.

The Law

The court’s powers are set out in section 125 IA 1986. The court may: Dismiss, Adjourn, Conditionally or unconditionally Make an interim order Or any other order that it thinks fit.

The court will generally not make a winding up order against a company where a debt is genuinely disputed on substantial grounds. Dispute must be real as opposed to frivolous (Commissioners of C&E v Arena Corporation Ltd [2004] EWCA Civ 371.

If there is a genuine dispute the court can carry out what is in effect a summary assessment of the debtor’s dispute to the petition (D&D Marketing Ltd [2002] EWHC 660 (Ch). The evidence must be sufficient to persuade the court objectively that there is a genuine dispute as to the company’s liability to pay the debt. If the Court is not willing to dismiss the Petition today, it can make directions for the issue to be considered and assessed at a future date. Where the petition is opposed on grounds that require consideration of evidence, the practice of the insolvency and Companies Court is to adjourn the hearing to allow it to be argued before the Judge in Chambers.

However, If a substantial dispute to the debt is established the court should not go on to consider the prospects of success of either party [Abbey National v JSF Finance & Currency Exchange Co Ltd [2006] EWCA Civ 328]. The dispute should be resolved outside the scope of insolvency proceedings. It is the Respondent’s position that there is a substantial dispute.

Other grounds to challenge include establishing that the company may or will be able to pay its debts in the future. [Minrealm Ltd [2007] EWHC 3078 (Ch)]. The court accepted that our client was solvent and in a position to pay any sum that is found to be due and owing. The court accepted that in light of the witness evidence and documents that we produced and our skeleton argument, a winding up order should not be made. We can assist on all insolvency matters including advising on presenting and opposing winding up petitions. In this case, we had less than 48 hours to prepare for the hearing and we are always able to act at short notice.

Coronavirus: Mandatory Business Closures

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

The government has made The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. They came into force at 1pm yesterday. It broadly reflects the Prime Minister’s statement on Monday (which, until yesterday, had no legal force). businesses in part 1 of Schedule 2 (restaurants, cafes, canteens) must close, except for the purpose of takeaway food businesses in part 2 of Schedule 2 (cinemas, beauty parlours, outdoor parks – about 20 categories in the list) must close. any shops not listed in part 3 of Schedule 2 (a list of 18 categories, including food shops, newsagents, pharmacies, petrol stations and vets) must close.

Please see the link to the full Regulations.

Legal update for Wills/Powers of Attorney during Covid-19 period

In this current period of uncertainty with the lockdown of people inside their house for a period of time and with vulnerable people being told to stay in their properties for 12 weeks we understand that this is an unsettling time. Here at Rogers & Norton we are able to continue to support you with your legal affairs in particular the making of Wills, Lasting Powers of Attorney and any queries regarding a loved one’s death.

Solicitors dealing with the execution of Wills are considered key-workers by the government, this means we can continue to carry out our services throughout this period of time. We are contactable on our normal telephone numbers and email addresses and will be pleased to assist you.

Whether you are in the process of making a Will or are considering making a Will or Lasting Power of Attorney please do get in touch as we can help.

We want to let you know that our team are able to assist you in the below ways:

• Telephone appointments
• Video conferencing
• Emailing
• Letters

Usually the signing of a Will or Lasting Power of Attorney requires a face to face meeting, however we understand that our clients will not simply wish to wait for our offices to re-open, although of course we will be pleased to assist you when we do.

In the meantime and in other urgent situations we are happy to send your legal documents out to you so that you can arrange for these to be signed using independent witnesses – we will be happy to talk you through how you can legitimately do this during this period. Alternatively, we understand that it might not be possible to find independent witnesses at this time and are therefore happy to attend you at your property and without coming into your property and whilst staying a safe distance will allow you to stay in your property at your front door and execute your Wills or Lasting Powers of Attorney.

There may be some circumstances in which we are not able to assist but we will of course advise you of these situations on the telephone and this is likely to be where you are experiencing symptoms of COVID-19 or are in a hospital or care home where visitors are not allowed to visit.

Please call us on 01603 675645 to discuss how our Norwich office can assist or 01953 458162 where we can talk through your requirements and the way we can proceed with your instructions.

During this uncertain time the most important thing is to work together and we thank you for all your support and understanding.

Extra Protection for Business Tenants who miss Rent Payments

As the coronavirus continues to tighten its grip around the global economy, the UK Government has announced an unprecedented series of measures to support businesses which have been affected by this international crisis.

It has now published the landlord and tenant law amendments to the emergency Coronavirus Bill 2019-21 (“the Bill”). These cover both residential and commercial lettings and apply to England and Wales.

In the current economic uncertainty, commercial landlords and tenants alike will have concerns as to the widespread effect the coronavirus is having.

Today is a quarter day, being the rent payment date for many business tenants. Hopefully, therefore, many landlords and tenants will already have had conversations about reaching voluntary arrangements for deferring the rent or payment by instalments. However, the Bill, if passed in its current form, will provide the following additional measures for commercial tenants:

• No right of re-entry or forfeiture for non-payment of rent under a commercial lease will be enforceable between the day after the day on which the Bill is enacted until 30^th June 2020 (“the relevant period”).
• The Secretary of State (or, in relation to Wales, the Welsh Ministers) will be able to extend the relevant period in regulations made by statutory instrument.
• For existing litigation based on forfeiture for rent arrears, the tenant cannot be evicted until the end of the relevant period.
• Failure to pay the rent during the relevant period is not to be treated as persistent delay in paying rent for the purposes of section 30(1)(b) of the Landlord and Tenant Act 1954.
• During the relevant period no conduct by or on behalf of a landlord, other than an express waiver in writing will be regarded as waiving a right of re-entry or forfeiture for non-payment of rent.

It should be noted that commercial tenants will still be liable for the rent after this period, so parties to commercial leases are still encouraged to enter into dialogue to agree how any missed rent payments are to be repaid.

It is hoped that the new measures will provide peace of mind to many small businesses that are struggling with their cash flow during these unprecedented times.

If you are a commercial landlord or tenant and would like to discuss how these new measures may affect you please contact Elizabeth Gibson on (01603) 675641 or eg@rogers-norton.co.uk.

Protecting Your Business

It has been accepted that the COVID-19 pandemic will have a serious adverse effect on all economies in the world, with many businesses unable to continue to meet their obligations and will be forced to close or even liquidate. It has been suggested However, that normal economic conditions will return in 6 to 12 months’ time.

Now is the time to protect the core assets and competencies of your businesses and make arrangements with employees, suppliers, landlords and other creditors to give the business breathing space while the virus passes. The Government is of course helping businesses but it will take time for cash and confidence to return. It may be appropriate to seek a Creditors Voluntary Arrangement, which is a mechanism that allows companies who face financial distress to make a deal with their creditors so as to delay payments, pay reduced payments or prioritise critical creditors over others so the business can survive

Other options include undertaking a pre-packaged administration where the assets are sold to a connected party or unconnected third party.

We can also assist to negotiate time to pay arrangements with the HMRC and undertake informal work out agreements with you clients creditors. We are very experienced at these issues especially dealing with a vast range of HMRC cases and issues, opposing petitions and seeking validation orders. The Government has indicated HRMC will be lenient on tax liabilities and this crisis maybe an opportune time to deal with them.

Please email web@rogers-norton.co.uk if we can assist you in these difficult times.

New Managing Director Appointed

Rogers & Norton are delighted to announce the appointment of Bruce Faulkner as our new Managing Director.

After many years, initially as Managing Partner and since the practice incorporated as a limited company as Managing Director, Richard Etheridge has decided that the time is right for him to step down. During his tenure, Richard has seen Rogers & Norton grow and evolve, particularly with the addition of our office in Attleborough.

Richard will continue to be very much involved as Chairman of the Board giving the benefit of his considerable experience to Bruce and his fellow Directors.

Bruce has been a Partner and Director at R&N for many years and will bring a wealth of experience and knowledge to the role and with the help and support of his fellow directors will ensure that the company continues to successfully grow and expand for the future.