Taking security: the problem of "vulnerable"
guarantors
Lenders often want loans to be secured by personal
guarantees. The recent High Court case of Ulster Bank
Ireland Limited v Roche and Buttimer shows that where the
guarantor is in a personal relationship with the borrower, and has
no involvement or financial interest in the business, the lender
must tread very carefully or risk the guarantee failing.
In Jet2.com v Blackpool Airport Limited, the English
Court of Appeal was faced with two questions on a "best
endeavours" clause: Is it enforceable? And what does it
mean?
High Court orders the removal of a website pending trial
The High Court has granted a pre-trial injunction directing that
"rate-your-solicitor.com", a website hosting defamatory
statements about members of the legal profession, be taken down
prior to trial.
No security for costs in action arising out of abandoned
planning application
The Irish High Court has refused Eirgrid's application for
security for costs against County Monaghan Anti-Pylon (CMAP), a
company formed for the purpose of opposing the proposed North/South
Meath-Tyrone electricity interconnector.
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about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
Those of you who are familiar now with the portal process may know the answer to the question – does responding to a settlement offer one day after the 15 working day time frame mean the offer is withdrawn or does it still stand?
Some important changes to costs in legal proceedings take effect from 1 April 2013. One such change affects the operation of Conditional Fee Agreements (CFAs).
Hkruk II (CHC) Limited v Marcus Alexander Heaney [2010] EWHC 2245 (Ch) is about a land owner who obtains an injunction against a developer to protect his rights to light.
London as a seat of arbitration, and English law as a law governing contracts, are probably the most popular options for trans-border dispute resolution clauses in transactions involving Ukrainian business.
In Hastings, the judgment notes that the notification of intent to bring proceedings should contain the substantive points on which the decision to award is challenged.
The biggest recent overhaul of civil litigation procedure will take effect on 1 April 2013, as a result of Lord Justice Jackson’s report on civil litigation costs. Stuart Evans and Liane Bylett from our Commercial Disputes Team explain the five key areas of reform in commercial disputes and what these changes will mean for you.