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29 results found

Article

Radcliffe Chambers | United Kingdom | 10 Nov 2014

The right of a receiver to recover possession of mortgaged property

With many borrowers struggling to meet monthly mortgage payments, mortgage possession claims are prolific and well-understood. Less common but often

Article

Radcliffe Chambers | United Kingdom | 1 Oct 2014

Re Pan Ocean: Cross Border Insolvency Regulations - what relief can the court grant?

The English Court does not have the power under the Cross Border Insolvency Regulations to grant relief in aid of insolvency proceedings in a foreign

Article

Radcliffe Chambers | United Kingdom | 3 Jun 2014

Planning offences and the proceeds of crime

“Those who choose to run operations in disregard of planning enforcement requirements are at risk of having the gross receipts of their illegal

Article

Radcliffe Chambers | United Kingdom | 28 May 2014

Statutory relief from liability for breach of trust - recent cases on how s 61 Trustee Act 1925 works

Cases on the power to relieve trustees for liability for breach of trust under section 61 of the Trustee Act 1925 are few and far between and anyway

Article

Radcliffe Chambers | United Kingdom | 11 Apr 2014

Freezing injunctions - showing risk of dissipation: cases and reality

Establishing a risk of dissipation in an essential requirement of a successful application for a freezing injunction but concrete evidence of actual

Article

Radcliffe Chambers | United Kingdom | 10 Apr 2014

Relief from sanction post-Mitchell - another interesting day in court

The Claimant brought proceedings by Part 8 Claim Form seeking the sale of two properties co-owned with the Defendant. Evidence was exchanged in the

Article

Radcliffe Chambers | United Kingdom | 24 Mar 2014

Latest word from the Supreme Court on damages in lieu of injunction

In Coventry v Lawrence 2014 UKSC13 the question when damages may be awarded in lieu of injunction was recently considered at the highest level in

Article

Radcliffe Chambers | United Kingdom | 26 Feb 2014

Entire agreement, non-reliance clauses & contractual estoppel - what do they prevent and how?

In a series of decisions over recent years the English courts have adopted an uncompromising position in favour of the enforcement of entire

Article

Radcliffe Chambers | United Kingdom | 25 Feb 2014

Getting the rent paid

The Court of Appeal has changed the law relating to the liability of administrators and liquidators to pay rent as an expense of the administration

Article

Radcliffe Chambers | United Kingdom | 20 Feb 2014

Can those accused of knowing receipt and dishonest assistance plead a limitation defence?

In Williams v Central Bank of Nigeria 2014 UKSC 10, a divided Supreme Court has overruled the Court of Appeal in holding that claims for knowing

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