Articles
First published: Insurance Day
24 November 2011
In what may prove to be an important decision, directors of an FSA-authorised firm have successfully taken the regulator to Court on an application for judicial review. The Courts had previously shown marked reluctance to allow such applications. Alex Booth explains.
By Timothy Brentnall and Alexandra Booth
First published: Insider Quarterly
8th June 2010
Each age has its zeitgeist. For the empire-building Victorians something robust like “caveat emptor” seems appropriate. For today? Something altogether more touchy-feely: “sustainability” and “transparency” perhaps.
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By Tim Goodger and Ed Stanley
First published: EM Website
5th February 2010
“We can see no basis…for the view that ‘creditor democracy’ operates only where ‘failure to agree would ruin it for all’.” The Lord President
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By Tim Goodger
First published: Elborne Mitchell website
22nd January 2010
Tim has been advising on the FSA client money rules and related issues in the insurance sector since implementation of the rules in 2005.
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Author: Tim Goodger
First published: mEMo Edition 40
15th December 2009
The debate as to whether claims in respect of client trust accounts, held by an insolvent entity, can be the subject of a scheme of arrangement or whether distribution of those monies can only be effected under the CASS rules has come to a final resting place, at least for now.
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Author: Tim Goodger
First published: EM Website
16th October 2009
Tim discusses the recent High Court decision involving Lehman Brothers International (Europe) which addresses the question of whether trust claims against a company (where it has constituted itself as trustee) can be the subject of a scheme of arrangement under Part 26 of the Companies Act 2006.
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