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    Can a company in liquidation refer a dispute to adjudication?
    2018-08-17

    The Technology and Construction Court (TCC) has delivered a significant judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC) where the company seeking to refer a dispute to adjudication was in liquidation. The substance of the dispute related to the contractor's claim for payment allegedly due for work completed, and damages for loss of profits.

    The contract and the facts

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Gowling WLG, Technology and Construction Court
    Authors:
    Michael O'Shea , Lindsay Hammond , Pippa Hill
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency Litigation - recent cases and issues - July 2018
    2018-07-31

    In our update this month we take a look at some of the recent cases that will be of interest to those involved in insolvency litigation. These include:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG
    Authors:
    Alex Jay , Ian Weatherall , Kanika Kitchlu-Connolly , Turon Miah , Teresa Edwards
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency of registered providers: The new housing administration regime
    2018-07-06

    The new housing administration regime for registered providers of social housing is now in force. Our latest Insight introduces the new legislation and highlights some of the key ways in which a housing administration will differ from a normal administration process.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Gowling WLG
    Authors:
    Chris Brierley , Julian C. Pallett , Tom Stockley , Catherine Phillips
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Finance litigation: the latest cases and issues - May 2018
    2018-05-30

    The Court of Appeal considers 'reasonable adjustment' in the context of possession proceedings

    The first case in which the Equalities legislation has been raised as a defence to a mortgagee's claim for possession has recently been before the Court of Appeal.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG, Disability Discrimination Act 1995 (UK), Court of Appeal of England & Wales
    Authors:
    Ian Weatherall , Turon Miah , Jane Bates
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Finance litigation: the latest cases and issues in January 2018
    2018-01-31

    Court sets out procedure for contempt of court proceedings against bankrupt

    For the first time, the Divisional Court has provided guidance on the correct procedure to be used in contempt of court cases falling under the Insolvency Act 1986 (IA).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Contempt of court, Civil Procedure Rules (UK), Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Finance litigation: the latest cases and issues in November 2017
    2017-11-28

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Interests of bankrupt's creditors remain paramount

    In Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable, the question before the court was how exceptional the circumstances had to be to postpone an order for possession and sale of a property in which the bankrupt had a 50% share.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Beneficial interest, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Turon Miah , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Do ATE insurance policies protect against a security for costs order?
    2017-11-29

    The Court of Appeal has recently overturned a High Court decision and limited the circumstances in which an After the Event (ATE) insurance policy can be used to defeat an application for security for costs. What should claimants and defendants consider when deciding whether to offer or accept such a policy?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Gowling WLG, High Court of Justice (England & Wales)
    Authors:
    Andrew Nugent Smith , Sean Adams
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Legal privilege - human right or fraudster's shield?
    2017-11-20

    The recent decisions in Avonwick Holdings Ltd and others v Shlosberg and Leeds v Lemos have restricted the ability of trustees in bankruptcy to use privileged documents belonging to the bankrupt. What do these rulings mean for trustees?

    The Trustee in Bankruptcy's purpose and powers

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, White Collar Crime, Gowling WLG, Bankruptcy, Serious Fraud Office (UK), High Court of Justice (England & Wales)
    Authors:
    Alex Jay
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Finance litigation briefing - September 2017
    2017-09-06

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Single signature bank mandate binding on partnership

    The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Third Parties (Rights against Insurers) - which Act to follow?
    2017-08-10

    We recently reported on the first judgment handed down in relation to the Third Parties (Rights against Insurers) Act 2010 (the TP Act 2010). Hot on the heels of that decision another judgment has been delivered, this one providing guidance on the transitional provisions of the Act.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Gowling WLG, High Court of Justice (England & Wales)
    Authors:
    Samantha Holland
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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