Commercial e-Bulletin – December 2021

December 10, 2021

Keeping you up-to-date with the latest legal updates, insights and guidance from the commercial team at Exchange Chambers.

In this edition:

Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766
In this article, Giles Maynard-Connor QC and Amie Boothman consider the recent decision in Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766.

Virgin Active and New Look: A new dawn for the rescue culture?
First published by Thomson Reuters (trading as Sweet & Maxwell) in Insolvency Intelligence, this article by Lisa Linklater looks at the High Court judgments of Zacaroli J in Lazari Properties 2 Limited v New Look Retailers Ltd [2021] (“New Look”) and Snowden J in Re Virgin Active Holdings Ltd [2021] (“Virgin Active”).

Dilapidations in challenging times (Part I and II)
In this two-part article series for the Estates Gazette (EG), Exchange Chambers’ Bill Hanbury and Paul Raeburn (Radius Consulting Dilapsolutions) look at valuation and practice in relation to dilapidations claims following Covid-19.

The Commercial Rent (Coronavirus) Bill
Carly Sandbach and Jodie Wildridge provide an overview of the most fundamental provisions of the Commercial Rent (Coronavirus) Bill, expected to come into force next year.

Legal Professional Privilege: Breaches of a Company Director’s Duties and the Iniquity Exception in Practice
Originally published in Lexis Nexis Corporate Rescue & Insolvency Journal, Lisa Linklater discusses the issue of legal professional privilege and directors’ duties.

Loveridge v Loveridge [2021] EWCA Civ 1697
Jodie Wildridge provides an analysis of Loveridge v Loveridge [2021]: a case involving petitions brought under section 994 of the Companies Act (2006) against a number of connected and family-run companies alleged to form one overall business.

Procedure in insolvency proceedings
Commercial pupil Ben Lafferty covers procedure in insolvency proceedings, with reference to the cases of Manolete Partners Plc v Hayward & Barrett Holdings Ltd and Lemos v Church Bay Trust Company Ltd. 

Exchange Chambers named as ‘Regional Set of the Year’
We were delighted to be named ‘Regional Set of the Year’ at the Chambers UK Bar Awards in November. The highly-regarded awards reflect achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.

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