We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results:1-10 of 652

A warning to all institutions handling client monies
  • DLA Piper
  • United Kingdom
  • April 18 2017

The recent case of Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd 2017 EWHC 257 (Ch) (Singularis) is an important decision affecting

Bankruptcy in conveyancing
  • Hardwicke
  • United Kingdom
  • July 28 2016

The scenario is straightforward if probably unusual. A solicitor acts for the purchaser of a house in the usual way. Contracts are exchanged. Between

Third Party (Rights Against Insurers) Act 2010 - benefits for lender claims
  • DLA Piper
  • United Kingdom
  • July 12 2016

Lenders contemplating potential claims against insurers of insolvent professionals will welcome the fact that the Third Parties (Rights Against

Mitigation of loss does not necessary let negligent professional off the hook
  • Taylor Wessing
  • United Kingdom
  • August 12 2015

Mitigation of loss by a claimant does not always mean that liability under negligence claims is avoided The Facts Swynson Limited ("Swynson") lent

Surveyors’ PI: successful application of “but for” test in assessing causation of loss
  • CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • April 8 2015

After a stream of successes for lenders in valuation claims against valuers in recent times, the recent success for a valuer in an application for

Banking update: report and review on recent cases and issues
  • Gowling WLG
  • United Kingdom
  • September 29 2011

We acted for a client defending a claim of alleged misselling of payment protection insurance, where the borrower had acquired a vehicle on hire purchase through a dealer.

Limiting indemnity rights when an insured is insolvent
  • CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • April 18 2011

In a recent case, the court held that a party to a settlement agreement (in this case a broker) cannot restrict the indemnity it is providing so that the indemnity is not payable if the insured goes into administration, or liquidation, or undergoes some other insolvency event.

A matter of principle - the anti-deprivation rule
  • BDB Pitmans LLP
  • United Kingdom
  • September 8 2010

The underlying policy of the Insolvency Act 1986 is that all assets of an insolvent organisation must be made available for distribution amongst its creditors.

Auditors’ liability in fraud cases: House of Lords rules in Moore Stephens v. Stone & Rolls Limited
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 3 2010

In a decision handed down just before the end of term, auditors have won an important House of Lords ruling limiting their liability in cases where a "one man" company is used as a vehicle for fraud.

Court refuses to give summary judgment on the basis of the illegality defence
  • RPC
  • United Kingdom
  • April 22 2010

In Griffin v UHY Hacker Young & Partners the court dismissed an application for summary judgment on the basis of the ex turpi causa (or illegality) defence, and made a number of observations as to uncertainties in the law as it stands.