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In contrast to non-solvency non-payment of rent, in insolvency situations the landlord must prove for rent he is owed.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
Why are you creating that pre-action document? More on litigation privilege (especially if you are a liquidator) download
The Court of Appeal has had the opportunity to review litigation privilege again in the appeal of the decision in Tchenguiz v Director of the Serious Fraud Office.
In a group action for damages for defects in breast implants, the claimants were concerned about the financial position of the lead defendant.
The Court of Appeal has found a director personally liable for the legal costs of an action brought against his company.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
The Court of Appeal has delivered its judgment in the eagerly anticipated Game administration.
An administrator, liquidator or receiver must make a ‘prescribed part’ of the company’s net property available for the satisfaction of unsecured debts.
If an individual borrower is made bankrupt or dies or if a corporate borrower goes into liquidation, any receiver appointed loses the agency relationship they would have previously had.
Steve Webb has confirmed that the government is ‘actively exploring’ if it can amend the Pension Protection Fund (PPF) legislation in regard to employer insolvency.
The Court of Appeal has accepted the arguments of Bank of Scotland in the first reported case to analyse the proper content of a unilateral notice registered in the charges register to a property.
A recent case has emphasised the importance of getting the drafting of loan agreements right.
Public companies and large private companies that have been incorporated a number of years are likely to have accumulated a number of subsidiaries, some of which will be defunct.
On 5 November 2013, the European Commission published draft revised guidelines on state aid for rescuing and restructuring firms (non-financial firms) in difficulty.
HMRC has updated Notice 700/56 (the Notice), sections 2 and 17 of which refer to LPA receivers.
‘Conversion’ consists of an act of deliberately dealing with goods in a manner inconsistent with the owner’s rights to use the goods, thereby depriving the owner of those rights.
The current position is that rent and service charges payable in advance and which fall due before the appointment of an administrator are not considered an expense of the administration.
The FCA has proposed to extend eligibility to claim on the Financial Services Compensation Scheme to all unincorporated associations and certain large partnerships.
The recent case confirms that the holder of security by way of a bill of sale can enforce its security in respect of lending regulated by the CCA where the customer is declared bankrupt.
The Court of Appeal has held that a lender with defective security over property was entitled, through subrogation, to an unpaid vendor’s lien over that property.