Showing 169-180 of 263 results

Publication

Bona vacantia, escheat and company restoration – two conflicting decisions explored

Two recent decisions regarding company dissolution and restoration dealt with similar issues but resulted in completely different outcomes. We analyse which one is correct.
21 January 2016

Publication

Validation orders: guidance on Court validation against anticipated payments

This guidance explores Re Sahaviriya Steel Industries UK Limited [2015] EWHC 2726 where the court is asked to make a validation against anticipated payments.
21 January 2016

Publication

Regulatory & legislative round-up: pre-pack pool, SIP 16, Insolvency Rules & litigation

The past two months have seen a further plethora of regulatory and legislative changes. We sum up some of the more significant ones.
21 January 2016

Publication

FAMR and automated advice

HM Treasury and the Financial Conduct Authority jointly launched the Financial Advice Market Review to understand how financial advice could work better for consumers. We recall the key points.
26 November 2015

Publication

Authorised Fund Horizons - Autumn 2015

In this edition of Authorised Fund Horizons we look at developments on the Senior Managers and Certification Regime, UCITS V to the Common Reporting Standards and EMIR, the ELTIF Regulation, CAIFs.
23 October 2015

Publication

Speaking up in the financial services sector: new rules on whistleblowing

The PRA and FCA have introduced a new set of rules designed to bolster the culture of “speaking up” within financial services firms. These are relevant to all firms in the financial services sector.
14 October 2015

Limitations on the scope for banks to identify the mistaken recipients of bank transfers

When a bank’s mistake leads to the wrong person receiving a transfer of money, a ‘Norwich Pharmacal’ order can be used to identify them.
01 October 2015

Publication

Can multiple debts exceeding £750 constitute a basis for a statutory demand?

Statutory demand can be issued for debts in excess of £750 and if left unsatisfied for 21 days, can be evidence of insolvency. What happens where there are multiple dents of less than £750 each?
22 September 2015

Publication

Wrongful trading defence: why taking every step to minimise creditor losses is key

Brooks and Willetts (Joint Liquidators of Robin Hood Centre plc) v Armstrong and Walker - what are the issues raised for practitioners?
22 September 2015

Publication

Mistaken discharge of land mortgages: curtains or rectification for future lending?

It well-established that a mortgage can be used to secure further advances made by a lender but what happens when a registered mortgage is mistakenly discharged at the Land Registry?
22 September 2015

Publication

Two contrasting tales: pre-insolvency transfers of company assets and director misconduct

The question of appropriate action in the face of directors’ duties to creditors in the pre-insolvency twilight zone is a perennial one. Two cases offer contrasting versions of how to go about it.
22 September 2015

Publication

PPF guidance on pre-packs, schemes of arrangement and review of Bills of Sale

This month’s summary of “also ran” update items forms a fairly eclectic mix, however some useful items can be pulled out of them.
22 September 2015

The Burges Salmon blog

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