Tag: implied terms

Showing 12 out of 18 results

04 March 2026

High Court upholds broker’s entitlement to US$2.25m success fee under tripartite mandate despite limited involvement in funding process

High Court upholds broker’s entitlement to US$2.25m success fee under tripartite mandate despite limited involvement in funding process
19 December 2025

High Court dismisses claim by Danish tax authority seeking recovery of £1.4 billion of dividend withholding tax refund paid under invalid claims from cum-ex trading

High Court dismisses claim by Danish tax authority seeking recovery of £1.4 billion of dividend withholding tax refund paid under invalid claims from cum-ex trading
20 May 2025

An overview of potential disputes caused by market dislocation

An overview of potential disputes caused by market dislocation
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
07 March 2023

Court of Appeal rejects novel duty of care on banks to protect employees from economic loss arising from a criminal conviction in the performance of duties

Court of Appeal rejects novel duty of care on banks to protect employees from economic loss arising from a criminal conviction in the performance of duties
01 September 2022

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and “failure of basis”

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and “failure of basis”
08 February 2022

High Court considers exercise of contractual discretion to close out a customer's position

High Court considers exercise of contractual discretion to close out a customer's position
12 October 2021

High Court considers implied terms and “failure of basis” in context of COVID-19 pandemic

High Court considers implied terms and “failure of basis” in context of COVID-19 pandemic
23 March 2021

Court of Appeal rejects all claims relating to transfer of property portfolio to lender’s restructuring unit following borrower default

Court of Appeal rejects all claims relating to transfer of property portfolio to lender’s restructuring unit following borrower default
21 January 2020

High Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral scheme

The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to …
23 September 2019

High Court finds in favour of Lehman administrator in respect of US $7 million trade error and implies term into otherwise "unworkable" debt security trade agreement

A recent High Court decision has found that it was necessary to imply a term into an otherwise unworkable debt security trade agreement: Lehman Brothers …
19 September 2018

High Court Strikes out claim alleging an implied overarching 'customer agreement' requiring the parties to "cooperate with each other and act in good faith".

Standish & Ors v The Royal Bank of Scotland plc & Anor [2018] EWHC 1829 (Ch) will be of interest to financial institutions seeking to …