Hot 100 2017 – Competition

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Latest Briefings

Portugal: Patent litigation law review

By António Andrade, Marta Alves Vieira The Portuguese patent litigation system has some particularities that make it a rather unique system. In Portugal, patent litigation generally takes place before the Intellectual Property Court (the Court). This specialised state court, with jurisdiction at a national level, has been operating in Portugal since 30 March 2012 and is […]

Can commonhold be reinvigorated?

By Michael Callaghan and Melissa Barker The Law Commission has issued a substantial consultation seeking to improve the manner in which the commonhold system operates and to persuade existing leaseholders to move to a commonhold structure. Background Commonhold is an alternative to long leasehold ownership of property. Instead of a landlord and a number of tenants, […]

In what circumstances can additional administrators be appointed?

By Simon Clark, Gawain Moore According to a recent case, Zinc Hotels (Investment) Limited and others v Beveridge and others [2018] EWHC 1936 (Ch), the court does not have power to appoint additional administrators except within the constraints of paragraph 103 of Schedule B1 to the Insolvency Act 1986. Where administrators are appointed out of court by the […]

What is the extent of a secured creditor’s equitable duty to a guarantor?

By Simon Clark, Gawain Moore In General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd[2018] the Court of Appeal had to consider if and when a commercial lender’s acts or omissions in relation to its security will release a guarantor from its obligations. The court found that in the absence of express terms, any equitable duty […]

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