A Financial Times journalist reporting on the successful approval of a company voluntary arrangement (CVA) by the creditors of JJB Sports plc (JJB) in May 2009 referred to CVAs as:
When an event occurs that triggers a notification provision in an insurance contract, the terms should be complied with before quietly sitting back and waiting for the insurer to exercise its rights to adjust the loss or control any issues that arise, including litigation. It is clearly in the insurer’s interests to minimise the loss …
Up to 5% of a firm’s annual turnover may be lost through fraud in the workplace and, according to a recent survey, at least 70% of that fraud is perpetrated by employees. What may surprise many is that most corporate fraud is not billion-euro embezzlement by top directors, but is committed by ordinary workers who …
One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and pre-action) process. Parties to disputes have also been equipped by the Civil Procedure Rules (CPR) with powerful settlement weapons, in …
Continue reading “Making certainty certain: the operation of settlement offers under CPR 36”
It is well recognised that the Internet has made the world a smaller place. Not just by the easier methods of communication and the exchange of information, but also to commerce and the availability of new, larger markets to buy and sell to. These changes have provided opportunities for small businesses to reach a potential …
Dutch corporate law needs to be modernised to make it more appealing at an international level. The Dutch Lower House adopted five legislative proposals in December 2009 that are meant to contribute to this modernisation. These proposals will be discussed in this article.
The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to the lease. Being aware of all the options is therefore imperative to making the best of what is always going …
Continue reading “Landlord and undertenant insolvency: the sandwiched tenant”
The Arbitration (Scotland) Act 2010 (the 2010 Act) was passed by the Scottish parliament on 18 November 2009 and will come into effect later this year (the latest estimates are for June 2010). What changes does it introduce and what impact will it have on dispute resolution in Scotland?