Litigation

30 September 2021 – a Key Date for Insolvency Professionals

Background As a result of the coronavirus pandemic, the Corporate Insolvency and Governance Act 2020 (“CIGA”) received Royal Assent on 25 June 2020. CIGA made a number of substantial changes to existing insolvency legislation. Some of the significant changes (discussed in further detail below) were in relation to the presentation of winding up petitions and …

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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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The Risks of Presenting D.I.Y Petitions

Calling all creditors! Whilst you might think the procedure for presenting a petition against a debtor is simple, it seems that the English Legal System is keeping you on your toes! The Risks of Presenting D.I.Y Petitions Recently we have had an influx of creditor client’s approaching us to assist them with the amending and …

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New Guidance from Civil Justice Council – Instructing Expert Witnesses

Since 1 December 2014, new guidance on the instruction of experts in civil claims has been implemented.  The new guidance highlights the existing requirements concerning expert duties under CPR 35 and PD 35 and reinforces the underlying requirement of independence. The new guidance reflects the Jackson reforms which were introduced in April 2013. The full …

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PFI Test Case Provides Guidance on Limited Partners Liability

The recent decision in Certain Limited Partners In Henderson PFI Secondary Fund II LLP (A Firm) v (1) Henderson PFI Secondary Fund II LLP (A Firm) and others [2012] EWHC 3259 (Comm) provides guidance on the liability of a Limited Partner (“LP”Â) of an English Limited Partnership. The case in question involved the LPs of …

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