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Finance litigation briefing: report and review on the latest cases and issues
- Wragge & Co LLP
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- United Kingdom
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- March 28 2013
Sale at an undervalue; time for presenting a petition; implied term avoids manifest injustice; complying with time limits; order for sale threshold
Finance litigation briefing: report and review on the latest cases and issues
- Wragge & Co LLP
- -
- United Kingdom
- -
- October 17 2012
Notice of assignment can be given by either the assignee or assignor under the Consumer Credit Act 1974 (CCA
Banking update: report and review on recent cases and issues
- Wragge & Co LLP
- -
- United Kingdom
- -
- January 25 2012
The court has reaffirmed that comparable sales evidence is the best evidence when determining the retrospective valuation of a property
Security from principal debtor does not preclude claim against guarantor
- Wragge & Co LLP
- -
- United Kingdom
- -
- July 20 2011
The case of White v Davenham Trust Ltd, has reaffirmed that a creditor can choose its own method of enforcing a debt which has been guaranteed even where it might hold security for that debt
Mental capacity
- Wragge & Co LLP
- -
- United Kingdom
- -
- March 24 2011
In circumstances where a debtor lacks mental capacity to deal with a statutory demand and subsequent bankruptcy petition, the court will rescind or annul a bankruptcy order
Insolvency Service's policy on a bankrupt's principal residence
- Wragge & Co LLP
- -
- United Kingdom
- -
- January 27 2011
The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy
Bankruptcy order against guarantor
- Wragge & Co LLP
- -
- United Kingdom
- -
- December 15 2010
A guarantor can be made bankrupt where the terms of the guarantee create a debt obligation
Valid statutory demand
- Wragge & Co LLP
- -
- United Kingdom
- -
- November 23 2010
The court has held that a statutory demand is valid despite the high default interest rate on an underlying loan
Cost on discontinuance of claim
- Wragge & Co LLP
- -
- United Kingdom
- -
- July 15 2010
When a claimant discontinues its claim, the usual position is that it has to pay the defendant's reasonable legal costs
Charging order survives bankruptcy
- Wragge & Co LLP
- -
- United Kingdom
- -
- August 20 2009
The making of a bankruptcy order alone will not deprive a judgment creditor of a final charging order where it is obtained before the bankruptcy order is made
