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NEWS
Law360, London: Insurance company Aviva said on 25 March 2025 that it paid out more than £1.89bn on almost 62,000 individual and group protection claims in 2024.
NEWS
Law360: Insurance giant Aviva on 26 June 2024 said it spotted 39% more instances of fraud in 2023 than it did in the year previous, despite the value of fraudulent claims being lower than 2022.
NEWS
Law360, London: Aviva has called on brokers to intervene as its research revealed that small and mid-sized enterprises (SMEs) underestimate the risks posed by cybercriminals, despite being increasingly targeted by them.
NEWS
Law360, London: On 19 May 2025 Aviva Plc said it has begun using artificial intelligence (AI) tools to map the cyberthreats the companies in its portfolio are most exposed to.
NEWS
Law360, London: Insurance company, Aviva warned British homeowners on 3 June 2025 to be vigilant about the risk of fire to their homes and gardens as the country looks likely to experience the warmest spring for a century.
GLOSSARY
The judgment in a case is delivered later, after consideration.
PRACTICE NOTES
Overview of avoidance actions The US Bankruptcy Code provides a debtor with rights to avoid certain transfers of property made by the debtor to third parties prior to the bankruptcy filing. The purpose of these avoidance powers is to permit the recovery of the transferred property for the benefit of the debtor’s estate and creditors. The US Bankruptcy Code defines ‘transfer’ broadly. Among other things, this definition encompasses payments, the creation of liens, and ‘each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property...’ (11 U.S.C. § 101(54)). A debtor’s avoidance powers extend to several types of (but not all) transfers, with the two most common types of transfers subject to avoidance being fraudulent transfers and preferences (each described below). To recover property from a transfer subject to avoidance, the debtor must bring a lawsuit, known as an ‘avoidance action’, against the transferee. Avoidance actions are generally overseen by the bankruptcy court,
FLOWCHARTS
This Flowchart sets out the conditions that must be satisfied for a floating charge to be avoided. It should be read alongside Practice Note: Avoiding invalid floating charges under
GLOSSARY
An order preventing the disposal (whether by gift, sale, lease, charge or otherwise) of assets in circumstances where it is believed that a person may be attempting to do so in order to deprive another of the asset or to remove the assets from the courts' jurisdiction.
PRACTICE NOTES
This Practice Note explains when a general assignment of book debts by a bankrupt prior to their bankruptcy is invalid. See also Practice Note: Unenforceability of liens over books and records. Where an individual is: • engaged in any business • enters into a general assignment of their existing
PRACTICE NOTES
Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed by a public body, the easier it will be to persuade a court to dismiss the claim at an early stage. CPR 54.1(2)(a) defines a claim for judicial review as: ‘a claim to review the lawfulness of— (i) an enactment; or (ii) a decision, action or failure to act in relation to the exercise of a public function.’ This Practice Note deals with steps that a public body can take to protect itself against a successful judicial review challenge. It includes non-exhaustive checklists of considerations and good practice to help reduce successful judicial review permission applications. Decision-making and avoiding a judicial review Take care with decision-making Consider for instance: • whether the public body has sufficient information to make a decision • whether the public body has taken into account all material considerations • whether the public body has taken into account any irrelevant
CHECKLISTS
This Checklist identifies measures which can be taken, some during the procurement process and others during the course of project, to help to reduce the risk of disputes arising on construction projects. During the procurement process • Choose the right procurement route Ensure that the correct procurement route is used for the particular circumstances. For example, if the employer wishes to retain control over design or materials, then a traditional contract may be more appropriate than a design and build contract. However, if a quicker start on site is required, then design and build may be preferred. See Practice Note: Choosing the right procurement method—construction projects. • Use the correct pricing structure Choose the appropriate pricing structure. For example, if the employer is looking for costs certainty, then a lump sum contract will be a better option than a prime cost contract. If a lump sum contract is used, avoid including too many provisional sum items (which will undermine the desired costs certainty). See Practice Notes: Pricing structures in construction contracts and Provisional sums. • Beware of underbidding Employers