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Australia: Recent Developments In The Application Of The Margin Scheme - Moore Stephens

04/07/2008

The Full Federal Court in Brady King Pty Ltd v FCT has overturned the initial contentious judgement made by the single judge of the federal court earlier this year.

United Kingdom: Construction Professionals: Disclosure To Insurers - CMS Cameron McKenna LLP

03/07/2008

A recent case gives guidance on what constitutes circumstances that construction professionals should disclose to insurers at renewal.

United Kingdom: A Pragmatic Approach To The Pre Action Protocol: Part 2 - Fenwick Elliott LLP

03/07/2008

In our original article from February of this year headed "A Pragmatic Approach To The Pre Action Protocol", we highlighted Mr Justice Akenhead's comments in the case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, where he had to consider the approach to take when faced with an application to stay proceedings in order for the Pre Action Protocol for Construction & Engineering Disputes ("the Protocol") to be followed. As we

United States: Amended Mechanic's Liens In Illinois Lose Effectiveness - Foley & Lardner

02/07/2008

Illinois mortgage lenders, and probably owners as well, got a break from the Illinois Appellate Court (Court) when the Court issued its decision in Cordeck Sales Inc. v. Construction Systems, Inc, (Cordeck Sales) 2008 WL 919684 (1st Dist. Ill. App. Ct., March 31, 2008).

United States: Evidentiary & Attorneysâ€T Fees Issues Surrounding Tenant Debtorâ€Ts Assumption Of Lease - Powell Goldstein LLP

02/07/2008

A recent case involving a tenant debtor's motion to assume its real property lease demonstrates that bankruptcy courts can and will examine evidence in addition to a debtor's financial capabilities and/or payment of a security deposit or guarantee to determine whether a tenant debtor has established "adequate assurance of future performance," which is required under 11 U.S.C. § 365(b)(1)(C) in order for a debtor to assume a lease agreement.