23 March 2012
Update on La Senza - court allows suspension of delivery of goods and freight forwarder to rely on its lien.
23 March 2012
Property mortgagee sales and valuation data in valuer negligence proceedings – recent decisions
23 March 2012
Take one measure of undue influence, add a dash of non est factum and non-delivery, squeeze in some juice of the rule against double proof and shake vigorously. The resulting cocktail may not be to everyone’s taste…
23 March 2012
In Re Coroin Ltd (5 March 2012) the High Court issued guidance on the necessary ingredients to establish shadow directorship, and in particular the issue of influence, finding that influence need not be over the whole board nor affecting all of the activities of the company.
23 March 2012
In September 2011, as a result of the decision of the Employment Appeals Tribunal in the Spaceright case we issued a briefing about dismissals of senior employees by administrators prior to a sale of the business. An appeal against the EAT decision was made to the Court of Appeal, which has now given its judgment.
16 March 2012
Our briefing note sets out 12 key facts that landlords should be aware of when faced with tenants who are about to enter, or have already entered, administration.
13 February 2012
As companies continue their focus on cost efficiency and operational excellence, we have been helping some large corporate groups simplify their corporate structures. A period of significant acquisitions or the use of special purpose vehicles can result in a group structure which is too complex for current requirements.
01 February 2012
Validity of out of court administration appointments -more judgments but no greater certainty
01 January 2012
Companies which are placed in administration are
not exempt from the protection which the Transfer of
Undertakings Regulations 2006 (TUPE) provides to their
employees, even in a pre-pack situation. Employees will
automatically transfer to the buyer of the business in
administration and will have special protection against
dismissal.
07 November 2011
Can the Land Registry any longer be taken at face value? Swift 1st upholds power of sale in non Land Registry filed mortgages - a word of warning and one to watch.
07 November 2011
The Insolvency Service has announced that the planned reforms of re-pack sales in insolvency situations are t be pushed back until 2012. What is all the fuss about and what is at stake?
07 November 2011
Care is needed to avoid negotiations becoming binding commitments. The recent Court of Appeal decisions in Destiny 1 Limited v Lloyds TSB bank plc [2011] EWCA Civ 831 highlight's why it's important to keep your mind on where you are, as well as where you want to be.
07 November 2011
How do you exit an administration where the stated purpose of the administration is no longer applicable?
01 September 2011
How strict is the Court's interpretation of administration appointment rules?
01 September 2011
No limit to unfair dismissal awards?
01 September 2011
CEO dismissal in administration - always unfair?
01 September 2011
Can bankruptcy be a contractual trigger for transferring property?
09 June 2011
Welcome to Pensions, our bimonthly update keeping you informed of developments in pensions law.