The bankruptcy takes effect on the day the order is made under section 278(1) of the Insolvency Act 1986 (IA 1986). The effect of the making the order is to place restrictions upon the extent to which the person can make dispositions of property. To prevent the person dealing with his property, so as to reduce the value of the estate, which can be realised to meet the claims of creditors, any disposition made after the presentation of the bankruptcy petition is void, unless it is made with the consent of the court or is subsequently ratified by it (IA 1986, s 284(1)(3)). An exception to this general rule is where property

Ireland—Corporate analysis: This article, was written by A&L Goodbody LLP’s EU & Competition Team. The European Commission has clarified that sustainability-driven cooperation agreements, such as joint decarbonisation in ports, can comply with EU competition law if certain safeguards are followed.

This question raises the issue of the right of a landowner to restrict the ability of third persons to enter onto and remain on its land. The individual in the present case is said to be entering the land without permission. It is assumed therefore that the person in question is not a student member of the university. Subject to complying with any rules of code of conduct by which he or she has agreed to be bound, a student would have an implied licence to

Often undeservedly, ‘trippers and slippers’ have a reputation as the simplest category of personal injury cases, to be used as the training ground for junior counsel and solicitors. The brief factual summary set out in this Q&A illustrates the complexities that can frequently arise in identifying the appropriate tortfeasor/s. A tripping accident may have no less than four potential defendants with liability eventually being established against one defendant. Further, the simplest of tripping and slipping accidents can lead to very serious injuries and are the most common catalysts for the development of chronic pain, arguably the most complex of all personal injury claims. The moral

This Practice Note explores the ways law firms can be valued and expands on the factors most likely to influence this valuation. While there are a number of traditional ways of valuing firms, this Practice Note contains a worked example of an earnings-based valuation (discounted economic income). This tends to be the way investors value a business and, as such is a key calculation to complete before you begin any discussions. It may produce a result lower than you expected but will give you an insight into what an investor or buyer may be willing to pay. The discounted economic value model In simple terms, the discounted economic value model takes the future net cash earnings of a business and brings them back to a present value. In doing so, the model attempts to place a value (discount percentage) on the various risks faced by the business in delivering the net earnings stream over a period of years. Most law firms have similar risks, though their scale and impact will vary, as follows:

Family analysis: The President of the Family Division, Sir Andrew McFarlane, has published his latest View from the President’s Chambers, including updates on public and private children proceedings, court bundles, the disclosure of information between family and criminal agencies and jurisdictions, transparency and digitisation.

Clare Ambrose, Twenty Essex The obvious advantage is that the hearing can take place and the dispute resolved which is the ultimate aim of the tribunal. The tribunal’s duties of fairness to the parties do not require a hearing to take place in person, and if the arrangements will enable the hearing to go ahead then this will be a significant consideration justifying it. There is also a potential upside in costs savings as while there may be a cost to use the best technology, savings in hearing rooms and travel/hotels could be significant. Virtual hearings are still new, so practice is developing to address logistics. The technology options are wide and require investigation. To make the hearing work effectively, all participants in the arbitration need to test their technology in the space where the virtual hearing will (for each of them) be held. While

Property analysis: The Court of Appeal confirmed that the registration of a voidable disposition, before it is rescinded, is not a mistake justifying alteration of the register. However, the register could be brought up to date once the voidable disposition had been rescinded.

If the named executor has renounced and none of the persons listed in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20 (including an attorney acting for such a person under NCPR 1987, SI 1987/2024, r 31) are willing to apply for a grant, then any person with a sufficient interest in the estate may apply for a discretionary grant under section

Section 21(1) of the Limitation Act 1980 (LA 1980) provides that no period of limitation applies to an action by a beneficiary under a trust being an action: (a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property or the proceeds of trust property in the possession of the trustee, or previously received by the trustee and converted to their use. LA 1980, s 21(3) provides that subject to the preceding

By virtue of section 7 of the Administration of Estates Act 1925 an executor who proves their testator’s Will also becomes the executor of any Will of which their testator was the sole or last surviving proving executor. This chain of representation carries on ad infinitum. A chain of representation subsists through the proving executor of a Will and may be broken by an intestacy, the failure of a testator to appoint or properly to appoint an executor, or by an executor not proving their testator's Will. Where an executor

In occupational illness cases, it is often the case that the claimant worked many years ago for a business that no longer exists, has changed its name or transferred liabilities within complex group structures. The defendant's lawyers may take issue with the identity of a defendant within the defence, and resolving such issues prior to commencement of proceedings is always desirable. Properly identifying the parties to a claim at the outset is particularly important in order to avoid incurring any unnecessary costs in later having to discontinue against a party and/or amend the claim form and to avoid any issues in respect of limitation. Preliminary