Restructuring & insolvency analysis: We are now beginning to see the first published arbitration decisions under the Commercial Rent (Coronavirus) Act 2022. These decisions provide a useful insight as to how the coronavirus (COVID-19) lockdown regulations introduced in 2020 and 2021 will be retrospectively interpreted for the purposes of the Act. Written by Victoria Hills, Alexander Watt, Roger Schofield, Costa Tthrasyvoulou and Lydia Kent-Smith of Freshfields Bruckhaus Deringer LLP.
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Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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