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    Lawbite: break notices - Limited Partnership causes unlimited problems
    2016-08-02

    Vanquish Properties (UK) Ltd Partnership v Brook Street (UK) Ltd [2016] EWHC 1508 (Ch)

    Vanquish, a developer, was a Limited Partnership under the Limited Partnerships Act 1907 with one General Partner, liable for all obligations of the business, and four Limited Partners.

    It was granted an overriding lease by the City Corporation in the name of the Limited Partnership, “acting by” its General Partner. There was no mention of the four Limited Partners.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP, Legal personality, Landlord, Leasehold estate, Solicitor, Limited partnership, Dispute resolution, Prejudice, High Court of Justice (England & Wales)
    Authors:
    Richard New
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Education e-briefing - A consultation on Developing an Insolvency Regime for Further Education and Sixth Form Colleges
    2016-07-21

    Introduction

    The government has commenced a consultation exercise on its proposals to introduce procedures for further education and sixth-form colleges which become insolvent.

    The proposed regime would include a Special Administration Regime, aimed at protecting learners from disruption to their courses, helping the rehabilitation of a college where this is possible or providing an orderly wind-up procedure.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Public, Eversheds Sutherland (International) LLP, Board of directors, Education
    Authors:
    Diane Gilhooley , David O'Hara
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Claims against insurers of insolvent defendants: Third Parties (Rights against Insurers) Act 2010 - coming very soon..
    2016-05-13

    2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Eversheds Sutherland (International) LLP, Reinsurance
    Authors:
    Simon Brooks , Chris Ives
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Third Parties (Rights against Insurers) Act 2010 - coming very soon…
    2016-05-17

    2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Eversheds Sutherland (International) LLP, Condition precedent
    Authors:
    Simon Brooks
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Dissolution: practical advice to mortgagees on asset realisation
    2016-04-25

    KEY POINTS

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP, Secured creditor, Dissolution (law)
    Authors:
    James Williams , David L Gray
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Addressing concerns about pre-packs - the “pre-pack pool”
    2016-03-24

    This article contains a useful re-cap of the changes made to SIP 16 and the introduction of a pre-pack pool in November 2015. It also takes an early look at whether the pre-pack pool is working, citing some statistics on “take-up” since the pool’s inception and some examples of pre-packs to connected parties since the pool was introduced.

    What is a “pre-pack”?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (International) LLP
    Authors:
    Paul Dutton , Lemi McAuley
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Individual insolvencies fall to lowest level since 2005
    2016-02-04

    The Insolvency Service recently published official statistics showing that the number of individual insolvencies in 2015 fell to the lowest annual level for a decade (by 19% to 79,965).

    The statistics also show that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Eversheds Sutherland (International) LLP, Debt relief
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    In Focus - Real Estate Dispute Resolution - A balanced view
    2016-02-09

    A balanced view A quarterly update from our Real Estate Dispute Resolution team Winter/ Spring 2015/2016 Real Estate Dispute Resolution Issue 12 Contents Welcome to the Winter 2015/2016 edition of Eversheds In Focus. Since our Autumn 2015 edition, the Courts have considered a number of important cases on issues ranging from break options, the legitimacy of controversial rates avoidance schemes, relief from forfeiture, specific performance of contractual obligations and what constitutes a penalty payment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    The scope of ‘credit’ under the Consumer Credit Act 1974 - Burrell and others v Helical (Bramshott Place) Limited
    2016-01-28

    This case concerned whether a fee payable by a tenant for assigning the lease involved the provision of “credit” for the purposes of the Consumer Credit Act 1974 (CCA).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP, Credit (finance), Consumer Credit Act 1974 (UK)
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Increase to the minimum debt for statutory demands and bankruptcy petitions
    2016-01-07

    On 1 October 2015 the minimum debt upon which a creditors' bankruptcy petition can be presented increased from £750 to £5000 and the threshold for serving a statutory demand on an individual debtor (as a precursor to bankruptcy) also increased to £5000. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Insolvency Act 1986 (UK)
    Authors:
    Anthony Davies , Lindsey Caddy
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP

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