Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

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Q&As
For the purposes of this Q&A, it is assumed that the relevant contract is a business-to-business contract for the supply of goods and/or services...
Produced in partnership with Oberon Kwok of Selborne Chambers and Chris Bryden of 4 King’s Bench Walk 16th Apr
Q&As
This Q&A considers the restrictions on ipso facto clauses under section 233B of the Insolvency Act 1986 (IA 1986) and the impact on a supplier’s...
Produced in partnership with Deanne Hamilton of Harrison Clark Rickerbys Limited 16th Apr
Q&As
Where the proposed security is a legal charge over specific propertyIn general terms, a legal charge can be granted by a borrower by deed executed by...
Produced in partnership with James Hall of Hardwicke Chambers 16th Apr
Q&As
What is the background to the ISDA SIMM?The financial crisis of 2007 exposed significant weaknesses in the resiliency of banks and other financial...
15th Apr
Q&As
None, provided the loan agreement is in Loan Market Association (LMA) standard form.The tax gross-up and indemnity clauses (and their accompanying...
Produced in partnership with Eloise Walker of Pinsent Masons 15th Apr
Q&As
Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...
Produced in partnership with Mathias Cheung of Atkin Chambers 15th Apr
Q&As
Centre of main interests (COMI)COMI is an important concept under the EU Recast Regulation on Insolvency Proceedings (Regulation (EU) 2015/848)...
14th Apr
Q&As
Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...
Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Apr
Q&As
Executing documents properly when one or more parties to a contract are not physically present is sometimes known as virtual signing or virtual...
9th Apr
Q&As
SummaryA lender would be prudent to insist that representations and undertakings relating to obligors’ centre of main interest (COMI) remain in a...
9th Apr
Q&As
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
9th Apr
Q&As
This Q&A has been drafted assuming the following:•the question is asked in the light of the ongoing coronavirus (COVID-19) crisis•the statutory...
Produced in partnership with Phillip Patterson of Hardwicke Chambers 8th Apr
Q&As
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see...
Produced in partnership with Philip Patterson of Hardwicke Chambers 8th Apr
Q&As
The principle at law is that all creditors will rank equally (or pari passu) unless the parties have agreed otherwise. Practice Note: Order of...
8th Apr
Q&As
A security trustee will normally be appointed on a syndicated transaction to hold security on behalf of all the lenders from time to time. This avoids...
8th Apr
Q&As
Limited partnerships—general informationFor information on limited partnerships generally, see Practice Note: The nature of a limited partnership and...
8th Apr

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