Q&As

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

Legal Research

Q&As
Legal chargeA legal charge will need to be registered at the Companies House and HM Land Registry.A legal charge in respect of registered land is a...
8th Apr
Q&As
As a general rule, it is possible to grant security over receivables as a chose in action. A chose in action is an asset or sum which is recoverable...
8th Apr
Q&As
Article 55 of the Bank Resolution and Recovery Directive (BRRD)The Bank Recovery and Resolution Directive 2014/59/EU (BRRD) creates a harmonised...
8th Apr
Q&As
What is a negative pledge?A negative pledge is a contractual undertaking which prohibits or restricts the borrower from creating further encumbrances...
8th Apr
Q&As
There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to...
Produced in partnership with James Hall of Hardwicke Chambers 8th 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...
8th Apr
Q&As
This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is...
Produced in partnership with Brian Cain 8th Apr
Q&As
Nature of the houseboatThe type of security that may be taken will depend on the nature of the particular houseboat (ie whether it is considered a...
8th Apr
Q&As
This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further...
8th Apr
Q&As
This Q&A explains when it is necessary to analyse whether an obligor in a banking transaction is receiving a commercial benefit (also called a...
Produced in partnership with Brian Cain 8th 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...
8th Apr
Q&As
SummaryThe European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on...
Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A discusses the factors a lender will need to consider if it is asked to waive an event of default under a loan agreement.The following...
Produced in partnership with Brian Cain 8th Apr
Q&As
This Q&A analyses the general principles that apply in determining whether security created by an English company pursuant to a typical English law...
Produced in partnership with Brian Cain 8th Apr
Q&As
SummaryA member of a limited liability partnership (LLP) may create a security interest in favour of a lender over its rights in the relevant LLP....
8th Apr
Q&As
SummaryInsofar as the reference to residential property 'owned by a director' indicates that the borrower is an incorporated entity, the short answer...
Produced in partnership with Thomas Samuels of Gough Square Chambers 8th Apr
Q&As
The use of the word 'guarantee' is not determinative as to whether a contract of suretyship is indeed a contract of guarantee. The Court of Appeal...
Produced in partnership with Emma Horner of 4 Stone Buildings 8th Apr
Q&As
Is it possible to draft a guarantee limited in time and/or with a specific expiry date?A creditor and a guarantor are free to agree that a guarantee...
Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 8th Apr
Q&As
Contractual requirementsThe first and most obvious task is to check the provisions of the guarantee. Depending on the drafting of the guarantee, a...
Produced in partnership with Ian Higgins of 3 Verulam Buildings (3VB) 8th Apr

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