The In-House Lawyer

The long arm of insolvency law In New Cap Reinsurance Corporation Ltd (in liquidiation) & anor v A E Grant & ors as members of Lloyd’s Syndicate 991 for the 1997 Year of Account & anor [2011], on 9 August 2011, ... Read more	'Pay when paid' or not? Lessons in commercial contract drafting Originally, the purpose of a 'pay when paid' clause as used in the construction industry was to absolve the contractor from liability to pay the subcontractor until it had been paid by the employer. The ... Read more
Insolvency issues in the construction industry The risk of insolvency remains a matter of increasing concern to those working in and operating within the construction industry. This article looks at the increasingly disputed area of the ownership of retention sums within ... Read more	Lehman and Nortel: balancing the interests of the pension scheme and the unsecured creditors In Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] in the High Court recently, Briggs J had to decide whether financial support directions (FSDs) and contribution notices (CNs) issued by the Pensions Regulator ... Read more
De facto directors: Holland v Revenue and Customs & anor [2010] A recent Supreme Court judgment in Holland v Revenue and Customs (HMRC) [2010] has considered the status of de facto directors and, on a 3-2 split decision, limited the applicability of the concept. The decision ... Read more	Guarantee stripping in company voluntary arrangements: landlords fight back A fashion retailer and wholesaler, part of an Italian group, had 11 retail shops and 14 concessions in department stores in the UK, through which it sold garments supplied from Italy by its parent company. ... Read more
Which approach to take? When insolvency law and arbitration meet, the question arises as to how the commencement of the insolvency proceeding affects the ability to arbitrate, the arbitration agreement, the arbitration proceeding and the setting aside proceeding, as ... Read more	The ‘failing firm’ defence in difficult times Given the current economic climate, competition authorities are expecting a possible increase in the use of the ‘failing firm’ defence. The doctrine provides potential opportunities for businesses to acquire competitors, which in normal circumstances would ... Read more
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