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High Court considers validity and timing of contractual notices in close-out procedures
  • RPC
  • United Kingdom
  • November 8 2016

In Lehman Brothers International (Europe) (in Administration) v Exxonmobil Financial Services BV(1) the High Court considered a range of issues


Lomas - Court confirms statutory interest payable on insolvency is not 'yearly interest' and criticises HMRC's change of position
  • RPC
  • United Kingdom
  • November 1 2016

In Lomas and others v HMRC 2016 EWHC 2492 (Ch), the High Court has confirmed that statutory interest payable on insolvency is not 'yearly interest'


Uncrystallised personal pensions safe from creditors
  • RPC
  • United Kingdom
  • October 14 2016

The Court of Appeal has resolved previously conflicting case law to confirm that a bankrupt cannot be obliged to crystallise his pension benefits in


First-tier Tribunal rules that appointment of receiver amounts to change of “control” for purposes of group relief
  • RPC
  • United Kingdom
  • July 19 2016

On 17 June 2016, the First-tier Tribunal (in Farnborough Airport Properties Ltd v HMRC) held that the appointment of a receiver over a (would-be


CFA success fees and ATE premiums no longer recoverable for insolvency cases
  • RPC
  • United Kingdom
  • June 3 2016

From 1 April 2016, conditional fee agreements (CFA), after the event premiums and success fees will no longer be recoverable in insolvency cases. The


Agreement to submit to a foreign jurisdiction: Can it be implied or inferred?
  • RPC
  • Gibraltar, United Kingdom, USA
  • March 14 2016

In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that an agreement to submit to the jurisdiction of a foreign court can


Do receivers owe duties to bankrupt mortgagors?
  • RPC
  • United Kingdom
  • January 26 2016

The Court of Appeal has recently considered whether an LPA Receiver owes a duty of care to a bankrupt mortgagor in connection with the way the


IT suppliers beware! Your rights to terminate on a customer insolvency is changing
  • RPC
  • United Kingdom
  • September 16 2015

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law


Taxpayer's application to have HMRC's winding-up petition dismissed fails due to lack of evidence
  • RPC
  • United Kingdom
  • August 19 2015

In Winnington Networks Communications Ltd v HMRC, the Chancery Division Companies Court (Nicholas Le Poidevin QC) refused the taxpayer company's


Electronic disclosure the perils of ignoring disclosure requirements
  • RPC
  • United Kingdom
  • July 9 2015

In Smailes and another v McNally and another the High Court refused the claimant's application for relief from sanctions, finding the claimant's