Insolvency “claw-back” provisions and the “safe harbour” defence in the EU Insolvency Regulation: Oeltrans Befrachtungsgesellschaft (C-73/20) in the CJEU

Articles

Insolvency “claw-back” provisions and the “safe harbour” defence in the EU Insolvency Regulation: Oeltrans Befrachtungsgesellschaft (C-73/20) in the CJEU


Doing cross-border business with those in financial difficulties is often a perilous business. In Vinyls Italia SpA (in liquidation) -v- Mediterranea di Navigazione SpA (C-54/16) [2018] 1 WLR 543 (see… Read more »

CategoryArticles, News Author Michael McParland QC Date

Sorry, not sorry… the case for an apology law in UK dispute resolution (Part 2) (Practical Law Blog)


Further to Karen Gough’s Part 1 blog on this topic for Practical Law’s Dispute Resolution Blog, Karen now asks: what is there to gain from legislation in this area? What… Read more »

CategoryArticles, News Author Karen Gough Date

Court of Appeal dismisses distressed borrower’s appeal in decision regarding lenders’ duties: Morley v Royal Bank of Scotland


The Court of Appeal (Lewison, Males and Birss LJJ) recently handed down judgment in Morley (t/a Morley Estates) v The Royal Bank of Scotland plc [2021] EWCA Civ 338. The… Read more »

CategoryArticles, News Author Anna Lintner Date

Sorry, not sorry… the case for an apology law in UK dispute resolution (Part 1) (Practical Law Blog)


How hard is it to say “sorry”?  Elton John was right, it really is the hardest word.  Why is this? If we’ve done something wrong, why can’t we just say… Read more »

CategoryArticles, News Author Karen Gough Date

Wasted costs and hopeless jurisdiction claims


Today in the High Court in London Mr Justice Cavanagh dismissed a solicitor’s renewed application for permission to appeal against a wasted costs order made against them in the case… Read more »

CategoryArticles, News Author Michael McParland QC Date

ERP software disputes: common pitfalls


Multinational organisations spend significant money and resources on enterprise resource planning (“ERP”) software, such as SAP or Oracle, which automates or streamlines processes in operations, finance and human resource departments…. Read more »

CategoryArticles Author Karishma Vora Date

Why not be less shy in the use of Worldwide Freezing Injunctions?


Freezing injunctions can be of huge tactical benefit in banking and private equity disputes and in preventing fraudulent parties from disposing assets. In this article for Legal Era, Karishma Vora… Read more »

CategoryArticles Author Karishma Vora Date

Insurer Must Disclose Communications In Jet Crash Case


Legal 360, in an article entitled “Insurer must disclose communications in Jet Crash Case”, have reported on the latest developments in the Commercial Court action between Joint Stock Company “Rogosstrakh”… Read more »

CategoryArticles, News Author Michael McParland QC, James Bradford Date

Getting off the hook: a guide to securing release from contractual obligations and varying public contracts in light of COVID-19[1]


Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme,… Read more »

CategoryArticles Author Parishil Patel QC, Katherine Barnes Date

Does legal advice privilege extend to foreign non-regulated or non-registered in-house lawyers? (Ashley Pratt writes for Practical Law’s Dispute Resolution Blog)


In 1859, the then Vice Chancellor Sir Richard Kindersley held in Lawrence v Campbell that: “…The general principle is founded upon this, that the exigencies of mankind require that in matters of… Read more »

CategoryArticles Author Ashley Pratt Date

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