Set-Off Law and Practice

Set-Off Law and Practice
Author: William Johnston
Publisher: Oxford University Press
Total Pages: 729
Release: 2018-02-22
Genre: Law
ISBN: 0192536524

The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.

Tax Haven Abuses

Tax Haven Abuses
Author: United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Permanent Subcommittee on Investigations
Publisher:
Total Pages: 1628
Release: 2006
Genre: Banking law
ISBN:

Trading in Legal Claims

Trading in Legal Claims
Author: Vickie Waye
Publisher:
Total Pages: 324
Release: 2007
Genre: Law
ISBN:

This book provides a critical analysis of law and policy issues regarding possible future markets for trading in legal claims. The cost of litigation significantly impedes access to justice. Permitting potential plaintiffs to sell their legal claims to litigation entrepreneurs who can deal with claim prosecution efficiently would provide a means of redressing the imbalance that exists between legal costs, risks and claim values. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment, primarily on the grounds that it would amount to the commodification of justice. The advent of litigation funding and its acceptance on access to justice grounds by Australian courts and, to a lesser extent, the UK and US judiciaries has challenged the status quo. Together with other measures, such as the introduction of conditional fee agreements, the resistance to full claim alienability has been significantly weakened.This book reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in relation to matters such as litigation funding, conditional fee agreements and legal costs insurance, all of which portend towards claim commodification. The author examines regulatory options that would be required to ensure that claim holders in any future legal claim market are protected from exploitation and that the market operates fairly and efficiently, such as statutory and common law restrictions regarding unconscionability and misleading and deceptive conduct, licensing, mandatory disclosures, cooling off and default contractual terms. The book reviews costs and abuse of process issues that markets for legal claims may create and analyses conflicts of interest that may arise between claimholders, lawyers and entrepreneurs and how these may be resolved. The author concludes that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice.

Company Law

Company Law
Author: Sir Francis Beaufort Palmer
Publisher:
Total Pages: 642
Release: 1901
Genre: Corporation law
ISBN:

The Annual Practice

The Annual Practice
Author:
Publisher:
Total Pages: 1960
Release: 1949
Genre: Court rules
ISBN:

A collection of the statutes, orders, and rules relating to the general practice, procedure and jurisdiction of the Supreme Court.