Set-off and Crown departments
This short article by Michael Gibbon QC examines some key principles in relation to set-off involving Crown departments in the context of liquidation. The subject often arises for consideration in a liquidation, normally with regard to tax debits and credits, but from time to time non-tax claims will be involved too.
Source: Corporate Rescue and Insolvency - New Law Journal - Lexis Nexis
One year on from PGF
Mediators John Dagnall and Beverley Vara have written an article that asks, whether one year after PGF II SA v OMFS Company 1 Ltd, “les autres” have been “encouraged”?
Source: Estates Gazette
“The safety of mankind”: the civil consequences of bribery
This article reviews the English law on bribes with reference to the two recent cases of UBS AG v Kommunale Wasserwerke Leipzig Gmbh and Cedar Capital Partners LLC v FHR European Ventures LLP.
Source: Butterworths Journal of International Banking and Financial Law
CIArb Guidelines, Safe Ports for Arbitral Storms
Edited transcript of a debate held on 22 October 2015 as part of the Chartered Institute of Arbitrators Centenary celebrations, focusing on the use of guidelines in international arbitration, Maitland Chambers, London
Source: (2016) 82 Arbitration. The International Journal of Arbitration, Mediation and Dispute Management published by Thomson Reuter
Contentious cases 2016
A look at the legal landmarks that have affected the profession recently and how they’ll affect insolvency in 2016.
Source: R3 Recovery Spring 2016
Beneficiaries’ information rights
This article examines, from an English standpoint and by reference to Rosewood v Schmidt and Breakspear v Ackland, the court’s discretion to intervene in the administration of a trust to order disclosure of information to beneficiaries.
Please click here to read the full article
Source: Trusts & Trustees
The light stuff
A recent rights to light case demonstrated how property rights are treated differently than contractual rights. John McGhee QC reports.
Source: The Lawyer
As the authorities probe the bond dealings of JSC BTA Bank’s ex-chairman, Catherine Newman QC highlights some legal aspects of the saga that appear to add up to a near-reversal of the burden of proof.
Source: The Lawyer
Nigel Thomas has had his article "After Etridge" published in Trusts and Estates Law and Tax Journal (2014)
Source: Trusts and Estates Law and Tax Journal (2014) No 154 March