Banking Litigation Notes
Tag: loans
Showing 57 out of 57 results
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 …