Q&As

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

Legal Research

Q&As
This Q&A considers a scenario where:•there is a business-to-business commercial contract which is not subject to specific industry or sector...
Produced in partnership with XXIV Old Buildings 16th Apr
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
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
Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human...
Produced in partnership with Alison Meacher of Hardwicke Chambers 15th Apr
Q&As
A statutory demand (in both corporate and personal insolvency) is a demand for a debt—either payable now, or payable at some future date—which is...
14th 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
The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...
Produced in partnership with Ryan Hocking of Hardwicke Chambers 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
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
Why are material adverse change (MAC) clauses in the spotlight?The coronavirus (COVID-19) outbreak has already caused some businesses to fail and...
8th Apr
Q&As
This Q&A discusses the circumstances where a security holder with security over land may become a mortgagee in possession upon exercising its rights...
Produced in partnership with Brian Cain 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

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