Banking Litigation Notes
Tag: contractual construction
Showing 24 out of 162 results
18 November 2025
High Court finds default interest clause in loan agreement is not an unenforceable penalty
30 September 2025
High Court sets aside default judgments entered against guarantors under a facility agreement on the basis that service of the claim was not valid
25 September 2025
High Court holds that exercise of rights under charge document is not subject to Braganza duty
23 September 2025
High Court finds investment bank entitled to success fee under mandate executed by company's agent acting with apparent authority
17 July 2025
High Court finds private equity fund bound by its agent acting with apparent/ostensible authority
14 July 2025
High Court refuses bond issuer's interim mandatory injunction application seeking to compel release of funds by settlement agent
20 May 2025
An overview of potential disputes caused by market dislocation
25 March 2025
High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission
03 March 2025
High Court finds lender pursuing its own commercial best interests does not constitute Braganza-style irrationality
12 February 2025
High Court considers distinction between guarantees and indemnities and the interpretation of payment deferral provisions under 1992 ISDA Master Agreement
20 January 2025
High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise
18 December 2024
High Court upholds validity of derivative transactions and related settlement agreements in latest Italian swaps judgment
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