Publications
As part of our commitment to keeping our clients and contacts abreast of the latest developments in the law, we regularly produce legal briefings, newsletters, articles and brochures on a broad range of legal topics and commercial issues.
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Missing policy statement puts investment at risk
A streamlined process for authorising nationally significant road and rail projects is now firmly in place, but projects are being put in jeopardy because of the absence of a national policy statement for national networks, say Robbie Owen and Tom Henderson.
Tags:
National Infrastructure Plan
Rail
National Policy Statements
roads network
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Articles
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14 May 2013
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Changes to the operation of conditional fee agreements (CFAS)
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). In most cases, where a CFA is entered into from 1 April 2013 onwards, successful litigants will no longer be able to recover the success fee from an unsuccessful defendant, making such arrangements far less attractive to enter into.
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Insolvency
CFA
Conditional Fee Agreement
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Articles
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29 April 2013
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Members’ voluntary liquidation: the valuation of contingent debts
Where a solvent company goes into liquidation voluntarily its creditors can expect to recover everything due to them. But what happens if a creditor’s claim is contingent? In the case of Ricoh Europe Holdings BV and others v Spratt and another [2013] EWCA Civ 92 (19 February 2013) the Court of Appeal rejected a contingent creditor’s attempt, in a solvent, members’ voluntary liquidation, to force the liquidator to make a provision to ensure payment of the maximum potential amount of the creditor’s claim upon crystallisation.
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contingent debts
members' voluntary liquidation
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Articles
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29 April 2013
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Mistake in registered legal charge leaves no cherry on top of the cake
Cherry Tree Investments Limited v Landmain Limited [2012] EWCA Civ 736The Court of Appeal has recently refused to amend a legal charge registered at the Land Registry, even though it would have given effect to the parties’ common intention (which had been mistakenly missed out of the charge). A legal charge is a public document on a public register upon which third parties would be expected to rely in order to obtain an accurate picture of the state of title to the land.
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land registry
legal charge
conveyancing
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Articles
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29 April 2013
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Can a landlord forfeit the lease of a company in administration?
Following Judge Pelling QC’s decision in Leisure Norwich (2) Limited & Others v Luminar Lava Ignite Limited (in administration) & Others [2012] EWHC 951 (Ch) (reported in the June 2012 edition of BDB’s Property & Insolvency Bulletin), rent which is incurred prior to a tenant going into administration must be proved like any other pre-administration debt and cannot be paid as an expense of the administration.
Tags:
Insolvency
Landlords
Administration
commercial rental payments
forfeiture proceedings
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Articles
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29 April 2013
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