Tag: contractual discretion
Showing 22 out of 22 results
High Court considers entitlement of investment firm to terminate Bitcoin trading account due to alleged money laundering concerns
The High Court has found in favour of a claimant investor in a dispute arising from the termination of her Bitcoin trading account with an online trading …
Commercial Court considers contractual discretion of bank to close customer account without notice where there is suspicion of money laundering
Important High Court guidance on the limits of determining party's discretion when calculating Loss under the 1992 ISDA Master Agreement
High Court finds bank unreasonably withheld consent to sale of secured property where sale would not have satisfied the secured liability in full
Court of Appeal confirms wide discretion afforded to a non-Defaulting Party when determining "fair market value" of securities under the GMRA (2000 version)
The recent Court of Appeal decision in LBI EHF v Raiffeisen Bank International AG [2018] EWCA Civ 719 affirms the wide discretion of the …
High Court clarifies calculation of Close-out amount under 2002 ISDA Master Agreement
Lehman Brothers Special Financing Inc. v National Power Corporation & Anor [2018] EWHC 487 (Comm) is a significant case on the calculation of …
High Court applies public law standard to the exercise of discretion by a financial institution under a receivables finance agreement
BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) serves as an interesting illustration of how the Court can import public law principles to the …
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 …
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 …