Construction insolvency is not a new problem. With the continued presence of fixed price contracts, in an industry which has always been troubled with cash flow problems and low profit margins, coupled with persistent cost inflation and labour and materials issues affecting the supply chain, it is no surprise that we continue to see insolvencies. The question is, what can you do to protect yourself from insolvency?

Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that might not be the case if your buyer files for bankruptcy.

If a building contractor becomes insolvent, but the build is covered by an NHBC Buildmark warranty providing insolvency cover, when does time start to run for the insured to start proceedings against an insurer who fails to pay a claim?

The Technology and Construction Court (TCC) has recently considered this question in the context of an application for summary judgment made by the NHBC, in Peabody Trust v National House-Building Council [2024].

The perspective of a landlord

In brief

A tenant's insolvency hits landlords particularly hard. Existing rental securities (e.g., rent deposit, landlord's lien) cannot always cushion the loss of rent and operating costs. Especially in times of the current energy crisis and rising costs, this issue is becoming increasingly explosive. This is demonstrated by the numerous insolvencies in the fashion retail sector, such as Galeria, Peek & Cloppenburg, KaDeWe and Esprit. High rents are often of the main reasons for insolvency.

https://www.rhtlawcambodia.com/ 01/06 MONTHLY LEGAL UPDATE AUGUST 2024 I. OVERVIEW In August 2024, the Royal Government of Cambodia (“RGC”) continued to develop the country’s business regulatory environment. Below are some key regulations to be highlighted in this Monthly Legal Update: Sub-decree No. 194 on the Organization and Functioning of the National Committee on Trade Remedies; Prakas No. 044 on Rules and Guidelines for Reinsurance; Prakas No. 525 on the Abrogation of Prakas No.

Unregistered and time-barred foreign judgments can found the basis of insolvency proceedings in England

The English High Court has ruled that unregistered and time-barred foreign judgments can found the basis of insolvency proceedings in England.

The threat of insolvency proceedings can be a strong form of leverage to obtain a successful outcome on enforcement of a judgment debt, as judgment debtors will often pay up when faced with the prospect of being found insolvent.

Foreign money judgments

前情回顾

2024年3月30日，湖南省法学会知识产权法学研究会和知产财经在长沙联合举办“知识产权恶意诉讼的司法规制”研讨会，共同探讨和研究企业遭遇的知识产权恶意诉讼困境及解决之道，以期为行业良性有序发展贡献力量。会上，万慧达知识产权合伙人明星楠围绕“打击恶意诉讼需关注为祸之源”话题进行主题演讲，知产财经对其主讲内容进行了整理，以飨读者。

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To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, the Bankruptcy Code caps the amount of a landlord's claim against a debtor-tenant for damages "resulting from the termination" of a real property lease.

In a much-anticipated decision, the United States Court of Appeals for the Third Circuit recently held that unsecured noteholders’ claims against a debtor for certain “Applicable Premiums” were the “economic equivalent” to unmatured interest and, therefore, not recoverable under section 502(b)(2) of the Bankruptcy Code.

The Technology and Construction Court recently delivered helpful judicial guidance on when an insured’s cause of action under an the NHBC ‘Buildmark Choice’ policy, providing cover for contractor insolvency before practical completion arises.