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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 9th Nov
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 9th Nov
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov

Most recent Credit institutions content

Practice notes
Purpose of the Credit Institutions (Reorganisation and Winding Up) DirectiveThe Credit Institutions (Reorganisation and Winding Up) Directive...
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4th Dec
Practice notes
Background to the BRRDThis Practice Note summarises the core provisions included in the Bank Recovery and Resolution Directive 2014/59/EU (BRRD). The...
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3rd Dec
Practice notes
This Practice Note has been archived and is not maintained.Rationale for bank ring-fencing transfer schemes (RFTS)Ring-fencing of day-to-day banking...
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1st Dec
Practice notes
This Practice Note provides an overview of the role and operation of the Financial Services Compensation Scheme (FSCS) and the ranking of deposits...
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1st Dec
Practice notes
This Practice Note outlines the key changes to UK banking reform adopted following the Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013)...
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30th Nov
Practice notes
The Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013) received Royal Assent on 18 December 2013. . There are eight parts and ten schedules...
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30th Nov
Practice notes
This Practice Note outlines the key changes to UK banking reform as adopted by the Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013)...
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30th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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Produced in partnership with Dominic McCahill of Skadden 29th Nov
Practice notes
This Practice Note has been archived and is not maintained.Rationale for bank ring-fencing transfer schemes (RFTS)Ring-fencing of day-to-day banking...
Read More >
29th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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Produced in partnership with Dominic McCahill of Skadden 29th Nov
Practice notes
How the issue aroseOne of the many issues adding to the complexity of the Lehmans failure is dispute over financial support directions (FSDs) and...
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29th Nov
Practice notes
How did the problem arise?Lehman Brothers International Europe (in administration) (LBIE) was (rather unusually) a private unlimited company and was...
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29th Nov
Practice notes
This Practice Note has been archived and is not maintained.Rationale for bank ring-fencing transfer schemes (RFTS)Ring-fencing of day-to-day banking...
Read More >
29th Nov
Practice notes
BackgroundOne of the many issues adding to the complexity of the Lehman Brothers failure was the dispute over the beneficial ownership of certain...
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29th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
Produced in partnership with Dominic McCahill of Skadden 29th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
Produced in partnership with Dominic McCahill of Skadden 29th Nov
Practice notes
This Practice Note has been archived and is not maintained.Rationale for bank ring-fencing transfer schemes (RFTS)Ring-fencing of day-to-day banking...
Read More >
29th Nov
Practice notes
IntroductionThe collapse of Lehmans on 15 September 2008 was marked by the following key events:DateEvent5 to 12 September 2008The share price of the...
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29th Nov
Practice notes
This Practice Note has been archived and is not maintained.Rationale for bank ring-fencing transfer schemes (RFTS)Ring-fencing of day-to-day banking...
Read More >
29th Nov
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
Produced in partnership with Dominic McCahill of Skadden 29th Nov

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