Tag: loans
Showing 59 out of 59 results
High Court finds bank unreasonably withheld consent to sale of secured property where sale would not have satisfied the secured liability in full
Causation in valuers' negligence claims: Reliance on earlier valuations
In a decision which will be of interest to financial institutions and valuers, the Supreme Court has overturned a decision of the Court of Appeal and …
Privy Council: No duty of care owed by a lender to disclose lending policies
A recent judgment handed down by the Privy Council is likely to have wide application to mis-selling claims generally: Deslauriers and another …
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 …
Windermere VII: Financial List provides guidance of wider market significance on the rights attaching to class X notes in a CMBS structure
A recent decision (heard in the Financial List) in Hayfin Opal Luxco 3 S.A.R.L. & Anor v Windermere VII CMBS plc & Ors [2016] EWHC 782 …
Deutsche Bank v Unitech: Borrowers seeking rescission for alleged LIBOR manipulation must be prepared to pay the full loan amount outstanding before trial
The Court of Appeal’s recent judgment in Deutsche Bank AG v Unitech Ltd [2016] EWCA Civ 119 will be welcomed by lenders seeking to recover …
Court of Appeal considers contractual interpretation of successive facility letters: variation, replacement or restatement?
The recent case of Urban Ventures Limited v The Black Ant Company Limited (in Administration) and Ors [2016] EWCA Civ 30 considered the …
Broker breached fiduciary duty by not disclosing sum of commission received
The Court of Appeal has held that a credit broker was in a fiduciary relationship with borrowers, with the consequence that the broker breached its …
Bank exercising a right of forced sale did not have a duty to obtain the best price reasonably obtainable
(1) Rosserlane Consultants Ltd, (2) Swinbrook Developments Ltd v Credit Suisse International [2015] EWHC 384 (Ch) The High Court has found that a Bank …
Business common sense arguments fail to save unclear drafting: the Court of Appeal (UK) upholds High Court decision on loan repayment fees
BMA Special Opportunity Hub Fund Ltd & Ors v African Minerals Finance Ltd [2013] EWCA Civ 416 (read the judgment here) The Court of Appeal …
Business common sense in contractual interpretation: the High Court (UK) considers loan prepayment fees
In a judgment that has surprised many commentators and caused some concern amongst credit providers, a High Court decision has interpreted ambiguous …