News & Analysis as of

United Kingdom Indemnity

Hogan Lovells

English High Court decides that a letter of comfort creates legal relations

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A version of this article first appeared in Butterworths Journal of International Banking and Financial Law in June 2025. In the case of IDBI Bank Limited v Axcel Sunshine Limited & Ors the English High Court held that,...more

Walkers

Retiring trustee – reasonable security and retention of assets

Walkers on

Under section 43(b) of the Trusts (Guernsey) Law, 2007, when a trustee resigns or is removed it may require that it be provided with reasonable security for liabilities before surrendering trust property....more

Hogan Lovells

Taking robust security over warranty and indemnity insurance policies

Hogan Lovells on

This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies. This article first appeared in the March issue...more

Cooley LLP

Take the Time to Take Notice

Cooley LLP on

A failure to comply with provisions governing the notification of claims under share purchase agreements is an issue that comes before the courts with surprising regularity. Given that such failure could result in any...more

Proskauer Rose LLP

UK Tax Round Up - September 2022

Proskauer Rose LLP on

Welcome to September’s edition of the UK Tax Round Up. In addition to the headline-grabbing 2022 Growth Plan announced by the UK Chancellor, there have been a number of interesting cases this month including the First-tier...more

Morrison & Foerster LLP

Five Tips for Investor Directors in the Zone of Insolvency

There are distinct advantages to investors sitting on the boards of their portfolio companies, not least their ability to look after their investment and work toward maximising their return. The human capital provided by...more

A&O Shearman

Guarantee unenforceable due to amendments to an underlying agreement: a “trap for the unwary”

A&O Shearman on

The judgment provides a helpful reminder of the distinction between guarantees and indemnities, and how they interact with a defence of equitable set-off. The court also held that pure guarantee obligations had been...more

BCLP

Telecoms operators and requests for access

BCLP on

In a relatively punchy judgment in the case of CTIL v Central Saint Giles General Partner Limited and another handed down on 7 June, Martin Rodger QC did not mince his words. The message is clear: the now-not-so-new Telecoms...more

A&O Shearman

Professional indemnity insurer liable under non-party costs order

A&O Shearman on

A professional indemnity insurer was liable under a non-party costs order to pay half the claimants’ costs despite having limited its liability to its insured by aggregating claims under the policy and despite having ceded...more

A&O Shearman

Directors’ liability D&O: Entering uncharted territory

A&O Shearman on

Welcome to this the fifth edition in our series of surveys on directors’ liabilities, brought to you by the international law firm Allen & Overy LLP and the global advisory broking and solutions company Willis Towers Watson. ...more

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