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Searching Content indexed under Insolvency/Bankruptcy by Gowling WLG ordered by Published Date Descending.
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1
Insurance Contracts - No Need To Construe Exclusion Clauses Narrowly
Under the Third Party (Rights Against Insurers) Act 2010 (and the Third Party (Rights against Insurers) Act 1930 for liabilities and insolvency events occurring before 1 August 2016) ...
UK
16 Nov 2017
2
Insolvency Litigation: Recent Cases And Issues In October 2017
In our update this month we take a look at a case in which a non-party costs order was made against a major shareholder in the insolvent claimant company.
UK
27 Oct 2017
3
Appearances Can Be Deceiving: A Re-Characterization Of A Secured Creditor's Debt Claim As An Equity Contribution
In a recent decision[1], the British Columbia Supreme Court (the "Court") determined that purported secured loans made by a shareholder were properly characterized as equity contributions...
Canada
5 Oct 2017
4
Finance Litigation Briefing - September 2017
The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.
UK
15 Sep 2017
5
Insolvency Litigation: Recent Cases And Issues - August 2017
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
UK
8 Sep 2017
6
Insolvency Litigation: Recent Cases And Issues (August 2017)
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
UK
6 Sep 2017
7
Third Parties (Rights Against Insurers) Act 2010 - Insurers Can Be Joined To Proceedings Even Where Policy Coverage Remains In Dispute
Less than a year after it came into effect on 1 August 2016, the first judgment in relation to the Third Parties (Rights against Insurers) Act 2010 (the TP Act 2010)...
UK
11 Aug 2017
8
Finance Litigation: The Latest Cases And Issues - June 2017
This month we consider the court's view on the extent to which firms' activities in handling complaints are themselves subject to adjudication by the Financial Ombudsman Service.
UK
20 Jul 2017
9
Insolvency Litigation: Recent Cases And Issues - June 2017
The Court of Appeal has confirmed that a company must have a settled intention to appoint an administrator before it can file a notice of intention to appoint and benefit from the interim...
Canada
30 Jun 2017
10
Finance Litigation: The Latest Cases And Issues In May 2017
This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:
UK
13 Jun 2017
11
Can You Access An Opponent's Liability Insurance Information?
A question often asked by clients about to embark upon litigation is whether they can gain access to their opponent's liability insurance information or policy to determine if they are 'good for the money'.
UK
22 May 2017
12
Pre-Action Steps To Recovering Debts From Individuals - What Businesses Need To Know
Despite a lack of consensus as to whether there is really any need for the protocol at all, the final form has now been approved ready for implementation.
UK
16 May 2017
13
Finance Litigation: The Latest Cases And Issues In April 2017
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
UK
9 May 2017
14
Insolvency Litigation: Recent Cases And Issues (April 2017)
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
UK
3 May 2017
15
Finance Litigation Briefing February 2017
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
8 Mar 2017
16
Why It Pays To Consider Insolvency Protections Up-Front
As we settle into 2017, the annual trading updates from high street retailers are emerging. The news is mixed. It's widely acknowledged that the sector will continue to face headwinds...
UK
2 Mar 2017
17
Finance Litigation Briefing January 2017
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
9 Feb 2017
18
Finance Litigation Briefing November 2016: Report And Review On The Latest Cases And Issues
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
2 Dec 2016
19
Guide To Doing Business In Canada: Bankruptcy & Restructuring
The economies of the United States and Canada are closely intertwined. As operations expand across the border, so too do the complexities associated with carrying on business.
Canada
16 Nov 2016
20
Legal Considerations For Real Estate Lenders In France (3/4); Drafting Considerations
This is the third in a series of four articles on the legal considerations that non-French real estate lenders should examine when financing commercial real estate in France in a non-distressed context.
France
11 Nov 2016
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