Banking Litigation Notes
Tag: contractual construction
Showing 165 out of 165 results
Drafting contracts: key lessons from 2014
In this briefing we look at the lessons to be learnt from some of the key English contract law cases of 2014. We have given a brief summary of each …
Contractual interpretation: Court of Appeal disagrees with High Court on whether a clause is ambiguous
In the latest in a growing line of contractual interpretation disputes arising from complex financial instruments, the Court of Appeal has overturned a …
Drafting contracts – key lessons learned from 2013
Our corporate team's annual contract law update considers a number of interesting contract law …
Business common sense arguments fail to save unclear drafting: the Court of Appeal (UK) upholds High Court decision on loan repayment fees
BMA Special Opportunity Hub Fund Ltd & Ors v African Minerals Finance Ltd [2013] EWCA Civ 416 (read the judgment here) The Court of Appeal …
Structured credit products – key Australian decisions
In late 2012, the Federal Court of Australia handed down first instance judgments in two interesting cases involving claims brought by the purchasers of …
Clearing brokers' duties when exercising close out powers
In the current economic climate, brokers will find the decision of the High Court (UK) in Euroption of considerable interest, since it …
State entities' contractual capacity in derivatives transactions
A recent Court of Appeal (UK) decision contains an interesting and timely consideration of the capacity of a state-owned entity to enter into derivative …
Business common sense in contractual interpretation: the High Court (UK) considers loan prepayment fees
In a judgment that has surprised many commentators and caused some concern amongst credit providers, a High Court decision has interpreted ambiguous …
High Court Ruling in Pension Funds' Action Against Fund Manager
The High Court has ruled largely against a group of institutional investors on preliminary issues in proceedings brought against the manager and general …