The intersection of insurance and insolvency presents unique challenges for legal professionals. Understanding the implications of insolvency on insurance policies and claims is crucial for safeguarding assets and ensuring compliance. This topic provides insights into managing risks and navigating the legal intricacies involved.
The Steering Committee of the London Coalition on Sustainable Sovereign Debt has welcomed the Loan Creditor Committee Guide and Export Credit Agency...
Restructuring & Insolvency analysis: The High Court considered the effect of bankruptcy on standing to pursue a professional negligence counterclaim...
Restructuring & Insolvency analysis: In Carter v Davies, the High Court held that a bankrupt's cause of action to set aside the judgment founding the...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of cross border insolvency, limitation and office-holders...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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