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Using a charging order to recover a debt secured with a personal guarantee

If you are owed a debt which has been secured with a personal guarantee (“PG”) and the individual who provided that PG (“the Debtor”) has a beneficial interest in land, securities (for example, stock, dividends and interest in a trust) or has other assets, you may wish to consider imposing a charge over the same. […]

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Commercial Debt Recovery: Pre-Action Protocols and Conduct

The court will expect the creditor to have sent out a Letter Before Claim to the debtor, which would set out the basis of their claim and allow a reasonable amount of time for the debtor to fully respond. For straight-forward cases, it is expected that a response should be received within a period of around 14

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Does a Tomlin Order constitute a regulated credit agreement?

On 15th July 2019 in CFL Finance Ltd v Bass and others [2019] EWHC 1839 (Ch), the High Court (Chief ICC Judge Briggs) published its decision following the final hearing of a bankruptcy petition. The court refused to adjourn the creditor’s bankruptcy petition where creditors were in dispute as to how to proceed with regard

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Can a second annulment application be an abuse of process even though a bankruptcy order should not have been made?

In July 2019 the High Court held that it was an abuse of process for an individual to make a second application to annul his bankruptcy on substantially identical grounds to his first, failed, application. In the case of Lambert v Forest of Dean District Council and others [2019] EWHC 1763 (Ch) (8 July 2019) the first

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Can foreign litigants be bound by English jurisdiction clauses contained in contracts to which they are not a party

Airbus SAS v Generali Italia SPA and others [2019] EWCA Civ 805 In its recent decision Airbus SAS v Generali Italia SPA and others, the Court of Appeal dismissed an appeal against a declaration that the English court had jurisdiction to determine a claim by insurers concerning damage to an aircraft pursuant to an English jurisdiction

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Employment Law and Administration-an interesting mix

In this interesting employment case, the Employment Appeals Tribunal (EAT) found that related claims could continue despite a stay (or suspension) of court proceedings against the employer, being a company in administration. Basically paragraph 43(6), Schedule B1, Insolvency Act 1986 states that where a company is in administration, no legal proceedings can be brought or

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