Policyholder Update: When does your insurer have a “duty to speak”?
In a recent decision, the Court of Appeal has found that, in certain circumstances, an insurer has a duty to tell its policyholder that their conduct is at risk of jeopardising their claim for cover.
A pre-pack sale has long been a staple of newspaper headlines and invariably alludes to creditors being “stitched up” by the insolvency process. But what is a pre-pack? The term “pre-pack sale” refers to an arrangement under which the sale of all or part of a company’s business or assets is negotiated with a purchase
Airing dirty laundry: when can a hearing be held in private?
When considering whether to pursue a dispute through the Courts, a key consideration – particularly for private clients – is what information could end up in the press. The general rule is that all hearings will be held in public and key documents from the claim setting out each party’s position (such as the Claim
Are you prepared for the new corporate tax evasion offence?
The corporate offence of “failing to prevent the facilitation of tax evasion” came into force on 30 September 2017. Now corporations must ensure that they have developed a plan for implementing “reasonable prevention procedures”. The offence, introduced under the Criminal Finances Act, makes corporations criminally liable in situations whereby: There has been criminal evasion of
New European ‘Freezers’ will Provide a Fast and Effective Tool in Preserving Funds in Cross-Border Cases from January 2017
From January 2017, creditors domiciled in EU Member States that have signed up to a new European regulation will be able to avail of the new European Account Preservation Order (EAPO) which provides a novel fast track way to preserve funds held in EU bank accounts in cross-border civil and commercial disputes. As the UK
Court of Appeal Rules on Reverse Burden of Proof in Corruption Case
Reverse burden of proof provisions have been the subject of considerable debate both in Ireland and abroad. Recently the Court of Appeal, in a rare judgment on the interpretation of the Prevention of Corruption Act 1906, upheld a provision which imposes a reverse burden of proof in certain bribery cases. The judgment relates to an
Putting out the fire – cracking down on illegal phoenix activity
‘We didn’t start the fire It was always burning since the world’s been turning We didn’t start the fire No, we didn’t light it, but we tried to fight it’1 The Illegal Phoenix Illegal phoenixing is a major problem in corporate Australia. In this post we consider what illegal phoenix activity is, how the problem
The issue of data protection is one that has been attracting increased awareness in recent years, partly due to the ease with which it is now possible to share data. In the Internet age, data can easily be passed from one organization to the next, but this does create some problems. A number of governments
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