Banking Litigation Notes
Tag: contractual construction
Showing 156 out of 167 results
High Court strikes out claims relating to the mis-selling of interest rate hedging products Supreme Court on contractual interpretation – striking a balance between the language used and the commercial implications
In Wood (Respondent) v Capita Insurance Services Limited (Appellant) [2017] UKSC 24, the Supreme Court has unanimously dismissed an appeal …
Court of Appeal clarifies interpretation of default interest provisions under commercial mortgage backed securitisation documentation
The recent decision of the Court of Appeal in Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc [2016] EWCA Civ 1293 will be of …
Commercial Court finds commitment letter unsigned by one party to be legally binding
The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c)[2016] EWHC 1575 (Comm), serves as …
Alexander v West Bromwich Mortgage Company Ltd: when can lenders rely on contradictory mortgage conditions?
In Alexander v West Bromwich Mortgage Company Ltd[2016] EWCA Civ 496, the Court of Appeal considered the right of a lender to rely on standard term …
Court of Appeal gives guidance for bankers' references: what to include in a request for reference and the circumstances in which liability may be avoided
The recent decision of the Court of Appeal in Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA [2016] EWCA Civ 457 is an …
Windermere VII: Financial List provides guidance of wider market significance on the rights attaching to class X notes in a CMBS structure
A recent decision (heard in the Financial List) in Hayfin Opal Luxco 3 S.A.R.L. & Anor v Windermere VII CMBS plc & Ors [2016] EWHC 782 …
Court of Appeal resolves redemption dispute concerning £3.3bn "coco" notes by reference to their commercial purpose
LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation …
Court of Appeal considers contractual interpretation of successive facility letters: variation, replacement or restatement?
The recent case of Urban Ventures Limited v The Black Ant Company Limited (in Administration) and Ors [2016] EWCA Civ 30 considered the …
Drafting contracts: key lessons learned from 2015
Our corporate team's annual contract law update considers a number of interesting contract law cases which highlight key points for those involved in …
CBRE Loan Servicing v Gemini: High Court applies key principles of contractual interpretation to CMBS documentation
Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice
Wood v Sureterm: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation
The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further …
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