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Results: 1-10 of 73

Horton v Henry 2014 - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 26 2015

Declining to follow a 2012 decision, the High Court has ruled that a bankrupt's unexercised rights to draw his pension did not represent income to


Fixed versus floating charges
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 2 2014

They give a lender a higher position in the queue for the net proceeds of a borrower's assets in the event of a borrower's insolvency. Fixed and


Voidable transactions in insolvency
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 2 2014

In a commercial lending context, there are three main situations under English law where an insolvency officer can set aside security entered into in


Settlement reached in Lehman Brothers financial support direction case
  • Norton Rose Fulbright LLP
  • United Kingdom
  • August 28 2014

Again, of interest to all schemes providing defined benefits is the recent settlement in the litigation involving the Lehman Brothers Scheme, where


Company debt buy-back
  • Norton Rose Fulbright LLP
  • United Kingdom
  • October 19 2009

On 14 October 2009 the Government announced a major change to the way in which company buy-backs of debt will be taxed


Arbitrating against companies in administration
  • Norton Rose Fulbright LLP
  • Australia, United Kingdom
  • March 13 2012

On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) for leave to bring and continue proceedings against a defendant under voluntary administration


Housing Grants, Construction and Regeneration Act 1996
  • Norton Rose Fulbright LLP
  • United Kingdom
  • June 1 2007

Under the JCT suite of contracts, an employer is entitled to terminate the contractor’s employment where the contractor has become insolvent (including the appointment of administrative receivers in relation to the contractor


Priority for expenses handling claims
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 26 2007

This case concerns whether a claim to reimbursement of claims-handling expenses should have priority over other creditors on insolvency of the insured


“Follow the settlements” in the spotlight
  • Norton Rose Fulbright LLP
  • United Kingdom
  • November 2 2007

The judgment of the Commercial Court in WASA and AGF v Lexington shows that a “follow settlements” clause in a reinsurance contract will not obviate the need for the reinsured to demonstrate that an inwards settlement falls within the terms and conditions of its outwards reinsurance


UNIDROIT latest round on the International Convention on Intermediated Securities
  • Norton Rose Fulbright LLP
  • United Kingdom
  • September 18 2007

The 4th session of the committee of governmental experts on Intermediated Securities met in May 2007 to continue negotiation of the draft Convention