Tag: contractual construction

Showing 144 out of 167 results

30 July 2018

Supreme Court provides clear guidance on liability to third parties for bankers' references: clarifying the circumstances where banks will be liable for incorrect information

Supreme Court provides clear guidance on liability to third parties for bankers' references: clarifying the circumstances where banks will be liable for incorrect information
25 July 2018

High Court holds ISDA jurisdiction clause trumps competing jurisdiction clause in separate but related agreement

The decision of the High Court in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) confirms that an express …
19 June 2018

Court of Appeal gives guidance on anti-set off provisions in security documentation

Court of Appeal gives guidance on anti-set off provisions in security documentation
30 May 2018

High Court finds bank unreasonably withheld consent to sale of secured property where sale would not have satisfied the secured liability in full

High Court finds bank unreasonably withheld consent to sale of secured property where sale would not have satisfied the secured liability in full
26 April 2018

Court of Appeal confirms wide discretion afforded to a non-Defaulting Party when determining "fair market value" of securities under the GMRA (2000 version)

The recent Court of Appeal decision in LBI EHF v Raiffeisen Bank International AG [2018] EWCA Civ 719 affirms the wide discretion of the …
22 March 2018

High Court clarifies calculation of Close-out amount under 2002 ISDA Master Agreement

Lehman Brothers Special Financing Inc. v National Power Corporation & Anor [2018] EWHC 487 (Comm) is a significant case on the calculation of …
15 March 2018

High Court dismisses summary judgment application in credit card portfolio transfer case

In CCUK Finance Ltd & Anor v Barclays Bank plc [2018] EWHC 304 (Comm), the High Court has rejected the claimants’ application for summary …
13 February 2018

Court of Appeal finds no contractual duty to prevent counterparty from inflicting economic harm on itself

A recent Court of Appeal decision has found that a broker owed no contractual duty to prevent a "sophisticated and experienced" trader (trading as a …
19 December 2017

New guidance from the High Court of Section 6(a) of the ISDA Master Agreement (right to terminate following Event of Default)

The High Court has recently considered the interpretation of Section 6(a) of the 1992 ISDA Master Agreement: Grant & Ors v WDW 3 Investments Ltd …
13 December 2017

English High Court confirms that Sharia non-compliance will not affect the enforceability of an English law agreement in an Islamic finance structure

English High Court confirms that Sharia non-compliance will not affect the enforceability of an English law agreement in an Islamic finance structure
07 November 2017

Court of Appeal upholds “no look through” principle in immobilised securities trading

The Court of Appeal has confirmed that an investor holding a beneficial interest in immobilised notes has no direct claim against the issuer of those …
02 October 2017

High Court applies public law standard to the exercise of discretion by a financial institution under a receivables finance agreement

BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) serves as an interesting illustration of how the Court can import public law principles to the …