Tag: loans

Showing 24 out of 56 results

15 May 2025

High Court finds third party can enforce lender's rights under loan agreement pursuant to Contracts (Rights of Third Parties) Act 1999

High Court finds third party can enforce lender's rights under loan agreement pursuant to Contracts (Rights of Third Parties) Act 1999
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

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
26 November 2024

High Court gives guidance on the interpretation of deeds of priorities and mortgagee duties in property sales

High Court gives guidance on the interpretation of deeds of priorities and mortgagee duties in property sales
31 October 2024

High Court clarifies relevance of related regulated mortgage contracts in connection with unfair relationship claims under Consumer Credit Act

High Court clarifies relevance of related regulated mortgage contracts in connection with unfair relationship claims under Consumer Credit Act
22 August 2024

High Court considers interpretation of intercreditor deed of priorities

High Court considers interpretation of intercreditor deed of priorities
31 July 2024

Court of Appeal considers whether default interest clause is an unenforceable penalty

Court of Appeal considers whether default interest clause is an unenforceable penalty
22 July 2024

Court of Appeal dismisses claim by participant against lender of record in a sub-participation arrangement

Court of Appeal dismisses claim by participant against lender of record in a sub-participation arrangement
20 June 2024

High Court finds borrower's security confers floating charge, despite intention of parties to create fixed charge and lender's contractual power to exercise control

High Court finds borrower's security confers floating charge, despite intention of parties to create fixed charge and lender's contractual power to exercise control
23 January 2024

High Court confirms debtor must prove illegality where payment withheld as a result of sanctions

High Court confirms debtor must prove illegality where payment withheld as a result of sanctions
06 July 2023

High Court finds express terms of sub-participation agreement took precedence over framework master agreement

High Court finds express terms of sub-participation agreement took precedence over framework master agreement
25 May 2023

A spectrum of possibilities: characterising a charge as fixed or floating after Re Spectrum Plus

A spectrum of possibilities: characterising a charge as fixed or floating after Re Spectrum Plus
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)