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    Competition in the mortgage sector
    2016-01-07

    On 7 October 2015, the Financial Conduct Authority launched a ‘Call for Inputs’ on competition in the mortgage sector. The Call for Inputs provides an opportunity for interested parties to help the FCA identify potential areas where competition may not be working well and could be improved.

    Filed under:
    United Kingdom, Banking, Competition & Antitrust, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Financial Conduct Authority (UK)
    Authors:
    Anthony Davies , Lindsey Caddy
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    New FSCS deposit limit
    2016-01-14

    From 1 January 2016, deposits made by private individuals and small businesses to any authorised firms are protected by the Financial Services Compensation Scheme to a limit of £75,000 (previously £85,000).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Financial Services Compensation Scheme
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Quarterly statistics released on company and individual insolvency
    2015-11-05

    The Insolvency Service published its quarterly statistics on company insolvency and individual procedures showing:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (International) LLP
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Construction legislation update: Third Parties (Rights against Insurers) Act 2010
    2015-11-11

    October 2016 will see the Third Parties (Rights against Insurers) Act 2010 finally brought into force. Although five years since it passed through Parliament, the act has never received Royal Assent due to a number of practical hurdles.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Eversheds Sutherland (International) LLP
    Authors:
    Simon Oats
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Redundancy consultation
    2015-10-13

    According to recent press reports, Dave Forsey, Chief Executive of Sports Direct, is the latest (and most high-profile) executive to be hit by court proceedings concerning alleged failure to comply with redundancy notification procedures - in his case in his former position at fashion retailer, USC. As these and other reports confirm, there is clear evidence that the Insolvency Service is increasingly proactive in pursuing organisations, their senior personnel and insolvency practitioners who fail to file the requisite redundancy notification form (HR1) on time.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Eversheds Sutherland (International) LLP
    Authors:
    Paul Dutton , Chris Birch
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    PPF levy - latest news
    2015-10-01

    With the first PPF levy invoices based on the new Experian insolvency-risk assessment model starting to land on trustees’ door-mats, many schemes have made the unwelcome discovery that their PPF levy for 2015-16 has suffered a substantial hike. Around 200 schemes are reported to have seen levy rises in excess of £200,000.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Eversheds Sutherland (International) LLP
    Authors:
    Stuart Earle , Sarah Lown
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Scotland’s debt arrangement scheme returns £37m to creditors
    2015-09-24

    Credit Today reports that recent statistics from the Accountant in Bankruptcy (AiB), the government agency that administers the insolvency regime in Scotland, have revealed that:

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Eversheds Sutherland (International) LLP
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    What is the effect of the Insolvency (Protection of Essential Supplies) Order on the technology sector?
    2015-09-04

    The Insolvency (Protection of Essential Supplies) Order 2015 which comes in to force on 1 October 2015 significantly changes the options available for suppliers of IT services in relation to their rights against insolvent customers. Any IT supplier caught within the definition of the new legislation will need to beware that they can no longer insist on payment of outstanding invoices as a condition of continued supply to an insolvent business, nor rely on clauses applying automatic price rises upon insolvency of the customer.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Eversheds Sutherland (International) LLP, Insolvency Act 1986 (UK)
    Authors:
    Paul Dutton , James Williams
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Shipping: OW Bunker test case - guidance for shipowners
    2015-08-12

    (1) PST Energy 7 Shipping LLC and (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Limited and (2) ING Bank N.V. [2015] EWHC 2022 (Comm)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Eversheds Sutherland (International) LLP, ING Group
    Authors:
    Katherine Hooper
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    High Court considers business purpose exemption and non-commercial agreements
    2015-05-21

    The recent appeal to the High Court in Woolsey v Payne [2015] EWHC 968 (Ch), from the Chief Registrar in insolvency proceedings, considered the application of sections 16B and 74(1)(a) of the Consumer Credit Act 1974, which relate to the enforceability of loans made for business purposes and/or in the course of a business.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Eversheds Sutherland (International) LLP, High Court of Justice (England & Wales)
    Authors:
    Clare Hughes , Chris Busby , Geraint Thomas
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP

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