Tag: contractual discretion

Showing 12 out of 23 results

25 August 2026

Court of Appeal finds administrator appointment arguably invalidated because of appointor’s improper purpose

Court of Appeal finds administrator appointment arguably invalidated because of appointor’s improper purpose
28 April 2026

High Court dismisses injunction application to prevent current account closure on grounds of financial crime concerns

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

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

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

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

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

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

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)

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

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

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

High Court considers termination and enforcement of security rights in context of default on loan agreement