Twitter Logo Youtube Circle Icon LinkedIn Icon

Legal Developments in the The UK Legal 500 2019

INVESTMENT FRAUD AND DISHONESTY

Aziz Rahman explains the latest legal test for dishonesty and its importance in investment fraud cases.

Freight forwarder’s contractual lien versus the administration moratorium

March 2013 - Banking and Finance. Legal Developments by Druces.

More articles by this firm.

Druces currently authors the Insolvency and corporate restructuring section of The In-House Lawyer magazine. For more information and articles from this author click here.

Our article in The In-House Lawyer's March 2010 issue (‘The effective use of liens to protect against the collapse of corporate customers', issue 178, p41-43) dealt with the need for logistics services providers to have an effective contingency plan to cope with the prospect of their retailer customers defaulting on payments or going into administration or liquidation. Following the latest unfortunate round of high-street retailer collapses, including Comet, HMV and Blockbusters, the issues discussed in that article are now just as relevant to freight forwarders, hauliers, shipping lines and other creditors with rights of lien. Since the publication of issue178, a case on general contractual liens has come before the High Court and provides useful confirmation of the rights of holders of a contractual general lien over goods. 


The long arm of insolvency law disarmed

December 2012 - Banking and Finance. Legal Developments by Druces.

More articles by this firm.

Druces currently authors the Insolvency and corporate restructuring section of The In-House Lawyer magazine. For more information and articles from this author click here.

In the November 2011 issue of 
The In-House Lawyer we looked at the Court of Appeal decision in New Cap Reinsurance Corporation Ltd (in liquidation) & anor v Grant & ors (as members of Lloyd's Syndicate 991 for the 1997 Year of Account) & anor [2011] and the decision, also in the Court of Appeal, of Rubin & anor v Eurofinance SA & ors [2010], which preceded it.



Wrongful trading, the benchmark for directors’ duties: recent developments

September 2012 - Banking and Finance. Legal Developments by Druces.

More articles by this firm.

The wrongful trading provisions of the Insolvency Act 19861 were introduced following the recession of the early 1980s, having been previewed in the Cork Report. Although new to English law in 1986, the concept of wrongful trading has not resulted in a plethora of cases against directors reaching court.

No private action for market abuse or breach of the listing rules

In Hall v Cable and Wireless Plc [2009] the High Court held that the Financial Services and Markets Act (FSMA) 2000 does not give investors a private action for market abuse or breach of the listing rules.

The November 2009 Banking and Payment Services regime

September 2009 - Banking and Finance. Legal Developments by Fountain Court Chambers.

More articles by this firm.

The rules relating to the conduct of business by banks and similar institutions are set to change from 1 November 2009. From that date:

  • The Payment Services Regulations 2009, covering the conduct of business of electronic transfers, will come into force and will be supervised by the Financial Services Authority (FSA).

Madoff investor claims: US proceedings and possible UK approaches

The credit crunch of 2008 and the recession of 2009 have already thrown up some politically significant, legally interesting and hard-fought court proceedings.