8
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 2 | Cross-border recognition issues in corporate recovery and ... This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK. | Practice notes | Maintained |
| 3 | Issues in transatlantic litigation This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation. | Practice notes | Maintained |
| 4 | Managing communications and documents This note considers the legal, regulatory and reputational risks arising from communications and all forms of document management, including: Monitoring and review. Storage and disposal of documents. Document retention periods. | Practice notes | 05-Apr-2012 |
| 5 | Preventing and investigating internal fraud This note provides an analysis of common frauds and a high-level guide to conducting an internal investigation, covering key issues such as: How to handle an internal investigation. Dealing with internal communication issues. Briefing external parties (for example, regulators). | Practice notes | 01-Jun-2012 |
| 6 | Rome I and Rome II: a summary This note considers: The Rome I Regulation on the law applicable to contractual obligations. The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995). | Practice notes | Maintained |
| 7 | Seeking a reference to the ECJ This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred. | Practice notes | Maintained |
| 8 | Trusts in commercial transactions The trust is widely admired and recognised in many jurisdictions around the world. Although primarily used by individuals, they also have a wide variety of applications in a commercial context. This practice note provides an introduction to trusts and trustees and considers some commercial applications of trusts. | Practice notes | Maintained |