Showing 169-180 of 258 results


Speaking up in the financial services sector: new rules on whistleblowing

The PRA and FCA have introduced a new set of rules designed to bolster the culture of “speaking up” within financial services firms. These are relevant to all firms in the financial services sector.
14 October 2015

Limitations on the scope for banks to identify the mistaken recipients of bank transfers

When a bank’s mistake leads to the wrong person receiving a transfer of money, a ‘Norwich Pharmacal’ order can be used to identify them.
01 October 2015


Can multiple debts exceeding £750 constitute a basis for a statutory demand?

Statutory demand can be issued for debts in excess of £750 and if left unsatisfied for 21 days, can be evidence of insolvency. What happens where there are multiple dents of less than £750 each?
22 September 2015


Wrongful trading defence: why taking every step to minimise creditor losses is key

Brooks and Willetts (Joint Liquidators of Robin Hood Centre plc) v Armstrong and Walker - what are the issues raised for practitioners?
22 September 2015


Mistaken discharge of land mortgages: curtains or rectification for future lending?

It well-established that a mortgage can be used to secure further advances made by a lender but what happens when a registered mortgage is mistakenly discharged at the Land Registry?
22 September 2015


Two contrasting tales: pre-insolvency transfers of company assets and director misconduct

The question of appropriate action in the face of directors’ duties to creditors in the pre-insolvency twilight zone is a perennial one. Two cases offer contrasting versions of how to go about it.
22 September 2015


PPF guidance on pre-packs, schemes of arrangement and review of Bills of Sale

This month’s summary of “also ran” update items forms a fairly eclectic mix, however some useful items can be pulled out of them.
22 September 2015


Reduced possibility of aggregation of claims by solicitors' insurers

We overview the High Court's clarification of the aggregation clause in the Solicitors’ Minimum Terms and Conditions of professional indemnity insurance and why this may relieve many solicitors.
21 September 2015

Statutory demands relating to multiple debts with an aggregate over £750

The High Court has held that statutory demands will not necessarily be set aside if the undisputed debt is less than £750, where other debts would take the cumulative total over this limit.
14 September 2015

All monies charge securing a subsequent loan

Depending on its wording, an “all monies” charge can secure a subsequent loan even if that charge is mistakenly removed.
14 September 2015


The Insurance Act 2015 - are you ready for the change?

On 12 August 2016 the Insurance Act 2015 comes into force, making substantial changes to insurance law in England & Wales. We discuss some of the key issues here.
24 August 2015

Launch of Financial Advice Market Review

The Financial Advice Market Review was a major review of the financial advice market launched by FCA and HM Treasury in August 2015.
14 August 2015

The Burges Salmon blog

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