3 Verulam Buildings (3VB)

ARCHIVED: This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Article 33 and Article 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

This Practice Note, produced in partnership with Philip Hinks of 3 Verulam Buildings, considers how a personal pension is dealt with on a debtor’s bankruptcy, whether it vests in the bankrupt estate or not, the position with income payments orders and enforcement by judgment creditors. While it briefly looks at the position pre-29 May 2000, it mainly concentrates on the position subsequent to that date.

This Practice Note considers identifying contracts of insurance in English law. It considers what a contract of insurance is from the perspectives of UK legislation and the common law, and the regulatory implications of being a contract of insurance.

This Practice Note considers the limited grounds on which a party to international arbitration proceedings may apply for (or request) the correction, review and interpretation of an award to either the arbitral tribunal (or arbitrators) or the arbitral institution under the institutional arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), Dubai International Arbitration Centre (DIAC), International Centre for Dispute Resolution (ICDR), as well as the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards to the tribunal or the institution (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration. This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards before tribunals or arbitral institutions (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration. This topic may be referred to as: applying (applications) to the tribunal to reconsider awards; addressing typographical or computational errors in awards; remedies for inadequate awards in international institutional arbitration; applying for additional awards in institutional arbitration.

This Practice Note considers the scope, application and limitation of the Duomatic principle (the common law principle of shareholder decision-making by way of informal unanimous consent or assent).

This Practice Note, produced in partnership with Lexa Hilliard KC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings, looks at when a transfer of assets between different jurisdictions may be ordered, the jurisdiction to order remittal and the general principles relating to the remittal of assets.

This Q&A deals with the effect of limitation periods on counterclaims.

This Q&A considers the applicability of the common law rules of offer and acceptance to Part 36 offers.

This Q&A looks at issues to consider when drafting guarantees that contain an expiry date or are otherwise limited by time.

This Q&A looks at the various issues that a lender should consider prior to making a demand under a guarantee. It looks at contractual requirements, method of service, language used to make the demand, how much time should be given to comply and whether it is necessary to first pursue the primary debtor.

This Q&A looks at the priority position where a unilateral of agreed notice of a charge has been entered on the register

This Q&A looks at whether including an event of default or termination date in a loan agreement for an on-demand facility could prejudice the on-demand nature of the facility.

This Q&A considers whether client’s instructions to a surveyor can be required to be disclosed in a boundary dispute.

This Q&A deals with how the court will approach questions of applicable law where there are multiple parties to a dispute.

This Q&A considers the ability of the parties to a contract to exclude or limit liability for their own fraud or fraudulent misrepresentation or that of an agent.

This Q&A deals with the consequence of accepting a Part 36 offer.

This Q&A looks at remedies that may be available to a lender if a borrower makes a statement that turns out to be untrue, both in a situation where the loan agreement contains a list of representations and where it does not.

This Q&A deals with the status of amendments to a statement of case which exceed the permission granted by the Court.

In this Q&A, Richard Hanke at 3 Verulam Buildings looks at the banker’s right of set-off and at the limitations on the right

This Q&A deals with the steps to be taken and the effect on proceedings where a party becomes aware that the defendant’s address has changed before issuing the claim form, after issuing but before serving the claim form, after serving the claim form and at any later stage in the proceedings.