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Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt download
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
When considered practically, the logical approach would be that a property is worth however much people are prepared to pay for it.
A director of a company who has breached his fiduciary duties as a director could not then, in his capacity as the company’s sole shareholder, ratify the breach where the company was insolvent.
The CMA is to make a ‘Phase 2’ market investigation reference in relation to the supply of retail banking services to personal current account customers and SMEs.
The Pensions Regulator has finally reached a compromise in respect of the Financial Support Directions it issued in connection with the Lehman Brothers pension scheme.
On 29 May 2014, the Pension Protection Fund published ‘Consultation on the second PPF Levy Triennium — 2015–16 to 2017–18’.
The Court of Appeal has held that Olympic Airlines had not experienced an insolvency event for the purposes of section 121 of the Pensions Act 2004.
The government is seeking views on implementing enhanced powers to ensure the continuity of the supply of essential services to insolvent businesses and individuals.
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.