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November 2022
Banking and Finance Update
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Welcome to latest edition of our DMH Stallard Banking and Finance E-bulletin, containing a selection of updates which concentrate on issues relevant to the banking, finance and insolvency fields, and help you to understand and keep ahead of the important changes that could have an impact on you and your organisation. We also share relevant news about our team.
If you have any queries on the topics in this bulletin or you would like to make an enquiry regarding a particular issue you have, do not hesitate to get in touch.
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Restructuring and Insolvency hire from NatWest Group
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Known for his commercial and no-nonsense approach, Michael Lynch brings focused insight into positions involving financial distress and insolvency, particularly from a lender perspective, providing a multi-faceted understanding of business failure and recovery strategies.
Simon Elcock, Partner and Head of DMH Stallard’s Dispute Resolution Department, said:
"...Having previously acted for corporates, shareholders, insolvency practitioners, directors and individuals across a very broad range of complex insolvency-related issues and disputes, Michael is highly regarded across the sector for his outstanding commercial insight and judgement.”
Michael said:
“DMH Stallard's well-established position alongside its continued growth is an exciting prospect. I am very much looking forward to developing the firm's impressive client base, working alongside my new colleagues and continuing to build the firm’s dynamic Restructuring and Insolvency practice.”
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Top ranked in legal directories
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We are pleased to announce
Our Banking & Finance team achieved a top tier ranking in the latest 2023 editions of both leading legal directories, Legal 500 and Chambers & Partners, recognising our expertise across the South East.
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‘Superb’ real estate hire
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DMH Stallard has welcomed Jo Rovery from Knights, the fourth partner hire in 2022. Her experience is extensive having advised the broadest spectrum of clients on a range of commercial real estate and banking matters.
Jo has acted for private and corporate property investors, developers, charities, traders, retailers, banks and pension funds.
Jo Rovery said:
“I’m very excited to be joining DMH Stallard and having the opportunity to work with the outstanding clients that the firm advises.
Tina George, Head of Real Estate at DMH Stallard, said:
“Jo brings a superb track record with her that will undoubtedly strengthen our regional practice.
“I’m looking forward to working with her as we continue to meet the ever-growing demand for the highest quality advice from clients in the southeast and wider UK.”
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Our latest blogs and insights
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The Economic Crime (Transparency and Enforcement) Act 2022: lenders - top tips to consider
Tyne Harman highlights the important implications of the Act and identifying transactions that involve overseas entities
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Connected lender liability: a narrower construction of “arrangements”
Card issuers will now be able to argue against a wider interpretation of “arrangements” following the High Court’s judgment in Steiner v National Westminster Bank plc
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When does a director owe a primary duty to creditors?
The Supreme Court recently confirmed when a director’s duty to creditors comes into effect, if their company is in the ‘twilight’ zone of potential insolvency
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The trials and tribulations of extortionate credit transactions
Frank Bouette explains the Court considerations when deciding whether a credit transaction should be set aside as extortionate
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Clarification on lenders’ duties
Supreme Court refused permission to appeal decision in Morley (t/a Morley Estates) -v- The Royal Bank of Scotland Plc [2021] EWCA Civ 338
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Guarantees and “commercial benefit” – why is it important?
Sarah Naylor considers the issue of commercial benefit when advising on the structuring of transaction security for a group of companies
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