Dentons - Bank Notes

Amending secured facilities do I need new security

April 22, 2014

It is a question which lenders and their lawyers have to consider every time the terms of a secured transaction change. Will the existing security remain effective following the amendment? Demanding new security routinely, without proper analysis, is rarely a viable approach.

Marshalling – a remedy for the 21st century?

April 22, 2014

Marshalling cases are rare these days. Therefore, it is notable that two separate cases were heard in the appeal courts in 2013. We explain why marshalling might affect a secured creditor's position, and the significance of these recent cases.

Fair Game – administration rents and creditors' returns

April 22, 2014

In recent years some high profile (and controversial) court decisions have swelled the list of liabilities that must be paid as expenses of an administration. Administration expenses enjoy "super priority", being payable out of floating charge realisations ahead of the claims of preferential creditors and floating charge holders.