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    Challenger banks: risks and rewards for new entrants
    2016-09-14

    This article was first published on the Practical Law website and in the PLC Magazine in June 2016.

    Challenger banks, which are set up to compete with the larger traditional banks, have seen rapid growth in the wake of increased openness to change in the banking sector and a desire for more consumer choice. Their clever targeting of niche markets is opening up plenty of scope for growth. While this opportunity does not come without difficulties, the rewards for challenger banks that succeed can be considerable.

    Filed under:
    United Kingdom, Banking, Competition & Antitrust, Insolvency & Restructuring, Public, White Collar Crime, Gowling WLG, Regulatory compliance, Capital requirement, Basel III, Consumer Credit Act 1974 (UK), Insolvency Act 1986 (UK), Banking Act 2009 (UK), Financial Conduct Authority (UK), UK Prudential Regulatory Authority, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency Service's policy on a bankrupt's principal residence
    2011-01-27

    The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy.

    The policy provides that the OR will not take any steps to market the bankrupt's interest in the property for a period of two years and three months from the date of the bankruptcy order. However, the OR can accept any unsolicited offer in relation to the property if it is in the best interest of creditors. After the expiry of the two years and three months:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Interest, Payment protection insurance, Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency: The corporate insolvency and governance act 2020 and how it affects the construction industry
    2020-07-03

    The (the CIG Act) received Royal Assent on 25 June 2020 and effects wide ranging changes.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Certainty of intention must be clear for trust claims to prevail over secured creditors
    2016-03-30

    Trust claims against a borrower’s assets are something that no secured creditor wants to be confronted with. Such claims are often unexpected because they are, for the most part, undetectable. They lurk in the shadows, out of the reach of traditional due diligence measures and PPSA searches. As a result, even the most prudent of creditors can sometimes find themselves facing these undocumented and unquantifiable claims.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Secured creditor
    Location:
    Canada
    Firm:
    Gowling WLG
    Bankruptcy order against guarantor
    2010-12-15

    A guarantor can be made bankrupt where the terms of the guarantee create a debt obligation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Surety, Debtor, Consideration, Debt, Liability (financial accounting), Liquidation, Default (finance), Building society
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Joint Ventures: War Gaming Legal Options And Solutions Where Your Counterparty Is In Financial Difficulty
    2020-04-09

    COVID-19 has had an unimaginable impact on the corporate world. The assumptions on which parties approached corporate transactions like Joint Ventures (JV) have often been blown off course. Businesses that are party to JVs must monitor not just themselves but the condition of their JV partner and the impact that they may have on the JV. There is no 'off the shelf' Joint Venture Agreement (JVA). Analysing the legal and practical rights and constraints in each JV is therefore essential.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Gowling WLG, Joint venture, Coronavirus
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Applications for leave to appeal dismissed - 23 April 2015
    2015-04-23

    36153 Ryan Glenn Ziegler v. Her Majesty the Queen (Criminal law – Dangerous offender)

    Filed under:
    Canada, Banking, Crime, Employment & Labor, Family, Immigration, Insolvency & Restructuring, Insurance, Litigation, Patents, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Valid statutory demand
    2010-11-23

    The court has held that a statutory demand is valid despite the high default interest rate on an underlying loan.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Credit (finance), Surety, Debtor, Interest, Debt, Collective bargaining, Common law, Default (finance)
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    What's in a name? Priority issues under postponement, subordination and intercreditor agreements
    2019-04-29

    Two priority issues arise between creditors of a common debtor:

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG
    Doing business in Canada
    2014-10-22

    doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.

    Filed under:
    Canada, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Media & Entertainment, Product Regulation & Liability, Real Estate, Tax, Trade & Customs, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG

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