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Author: Henry Crosby Emery
Publisher:
ISBN:
Category : Liquidation
Languages : en
Pages : 254
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Book Description
Author: Henry Crosby Emery
Publisher:
ISBN:
Category : Liquidation
Languages : en
Pages : 254
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Book Description
Author:
Publisher:
ISBN:
Category : Accounting
Languages : en
Pages : 1032
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Book Description
Author: William Johnston
Publisher: Oxford University Press
ISBN: 0192536524
Category : Law
Languages : en
Pages : 729
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Book Description
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
Author: David Milman
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
Author: United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Permanent Subcommittee on Investigations
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 1628
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Book Description
Author: Vickie Waye
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 324
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Book Description
This book provides a critical analysis of law and policy issues regarding possible future markets for trading in legal claims. The cost of litigation significantly impedes access to justice. Permitting potential plaintiffs to sell their legal claims to litigation entrepreneurs who can deal with claim prosecution efficiently would provide a means of redressing the imbalance that exists between legal costs, risks and claim values. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment, primarily on the grounds that it would amount to the commodification of justice. The advent of litigation funding and its acceptance on access to justice grounds by Australian courts and, to a lesser extent, the UK and US judiciaries has challenged the status quo. Together with other measures, such as the introduction of conditional fee agreements, the resistance to full claim alienability has been significantly weakened.This book reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in relation to matters such as litigation funding, conditional fee agreements and legal costs insurance, all of which portend towards claim commodification. The author examines regulatory options that would be required to ensure that claim holders in any future legal claim market are protected from exploitation and that the market operates fairly and efficiently, such as statutory and common law restrictions regarding unconscionability and misleading and deceptive conduct, licensing, mandatory disclosures, cooling off and default contractual terms. The book reviews costs and abuse of process issues that markets for legal claims may create and analyses conflicts of interest that may arise between claimholders, lawyers and entrepreneurs and how these may be resolved. The author concludes that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice.
Author: Peter Loose
Publisher:
ISBN: 9781846617300
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
Loose and Griffiths on Liquidators (formerly titled Loose on Liquidators) is a guide to the UK's law relating to company liquidations and the important role of the liquidator in a winding up - their powers, duties, and relationship to creditors, members, receivers, and the court. The book provides invaluable specialist advice and essential time-saving reference materials. Now in its 8th edition, this definitive work on successful liquidations has been completely updated and expanded to include all the latest developments in UK liquidation practice and procedure. It includes new analysis of: BYV Corporate Trustee Services v Eurosail - the meaning of insolvency for the purposes of the winding up of an insolvent company * HMRC v Football League and Football Association - the football creditor rule which varies in particular circumstances under the standard order of payment of debts * Re Stanford International Bank - the center of main interests for the purposes of cross-border insolvency * Charambous v B & C Associates - the absence of a duty of care owed by an administrator to creditors in the absence of a special relationship. *** Contents include: Status of a Liquidator * Commencement of Voluntary Winding Up * The EC Regulation on Insolvency Proceedings * Compulsory Winding Up * Effects of Winding Up and Appointment of the Liquidator * Duties of the Liquidator * Powers of the Liquidator * Creditors * The Liquidation Committee and Meetings * Matters Arising in Winding Up * Payments of Debts * Rights and Liabilities of Members * Completion of Winding Up * Appendix 1: Checklists for Winding Up and Liquidation * Appendix 2: Precedent Letters with Statutory and Practice Forms * Appendix 3: Penalties.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1240
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Book Description
Author: Sir Francis Beaufort Palmer
Publisher:
ISBN:
Category : Corporation law
Languages : en
Pages : 642
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1296
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Book Description
