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Post winding-up transactions set aside

Wragge & Co LLP
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United Kingdom
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April 24 2013

Where a company has been wound-up, directors are no longer officers of the company and any transactions they enter into will be void. This was

Payment guarantee is a performance bond

Wragge & Co LLP
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United Kingdom
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April 24 2013

We first reviewed the decision in Wuhan Guoyu Logistics Group Co Ltd v Emporiki Bank of Greece SA in our August 2012 issue of Finance Litigation

Car hire charges need to be incurred

Wragge & Co LLP
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United Kingdom
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April 24 2013

When faced with a substantial car hire claim, finance companies would do well to put a business claimant to proof that the replacement car was

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

No duty of care owed by credit reference agency

Wragge & Co LLP
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United Kingdom
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February 28 2013

There is no absolute or unqualified obligation on a credit reference agency to ensure the entire accuracy of its data. This was the finding of the

No responsibility for loss despite negligent valuation

Wragge & Co LLP
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United Kingdom
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August 31 2012

There must be a causal link between the breach of duty of care and the loss sustained for a claim in negligence to succeed

Last known address for service

Wragge & Co LLP
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United Kingdom
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March 26 2012

Proceedings are validly served under Part 6 of the Civil Procedure Rules when served upon a party's last known address

The innocent purchaser v the innocent finance company: who gets better title?

Wragge & Co LLP
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United Kingdom
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March 4 2010

Generally, no one can transfer a better title in goods than they possess

"Without prejudice"

Wragge & Co LLP
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United Kingdom
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July 22 2009

For the "without prejudice" rule to apply to correspondence between parties, so as to preclude that correspondence from being put before the court in evidence, there has to be an underlying dispute between the parties

Cross claim scuppers demand

Wragge & Co LLP
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United Kingdom
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June 24 2009

Where a debtor's and guarantor's obligations are co-extensive and a statutory demand would be set aside as against the debtor, it would be unjust not to set a statutory demand aside as against the guarantor