Tag: contractual discretion
Showing 12 out of 22 results
28 April 2026
High Court dismisses injunction application to prevent current account closure on grounds of financial crime concerns
25 September 2025
High Court holds that exercise of rights under charge document is not subject to Braganza duty
20 May 2025
An overview of potential disputes caused by market dislocation
03 March 2025
High Court finds lender pursuing its own commercial best interests does not constitute Braganza-style irrationality
12 December 2024
High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty
13 June 2024
High Court decides contractual discretion to make margin call is subject to implied duty of rationality, even when express duty to act reasonably
21 December 2023
High Court refuses customer's interim mandatory injunction application to unfreeze bank account
08 February 2023
High Court considers enforcement of security by way of appropriation under the Financial Collateral Arrangements (No 2) Regulations 2003 (FCARs)
01 February 2023
High Court finds lender's exercise of absolute contractual right is not subject to implied Braganza duty
11 August 2022
High Court considers application of COBS and Braganza duty to close out of trading account
05 May 2022
High Court considers termination and enforcement of security rights in context of default on loan agreement
08 February 2022
High Court considers exercise of contractual discretion to close out a customer's position
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