Related insights: Bankruptcy, Restructuring, and Creditors’ Rights
Conflict or not? Adjudication and the insolvency rules
06 Aug 2018
From time to time the statutory rights available to parties to construction contracts appears to come into conflict with other sets of provisions that also claim to govern the same areas of dispute. Perhaps the best known such clash, between adjudication and the effect of insolvency, was that explored in the Scottish case of Melville Dundas Limited (in Receivership) v George Wimpey UK Limited in 2007. The recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in Liquidation) provides another example.
Views requested about the non-recoverability of success fees and ATE premiums
06 Jul 2018
The Government is seeking views from stakeholders about the non-recoverability of success fees and ATE premiums. We look at the rules and their impact on the insolvency profession.
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