Banking Litigation Notes

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 …

Drafting contracts: key lessons learned from 2015

Our corporate team's annual contract law update considers a number of interesting contract law cases which highlight key points for those involved in …

Supreme court clarifies scope of "Assets" covered by a Freezing Order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …

CBRE Loan Servicing v Gemini: High Court applies key principles of contractual interpretation to CMBS documentation

Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice

Wood v Sureterm: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation

The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further …

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 …

Drafting contracts: key lessons from 2014

In this briefing we look at the lessons to be learnt from some of the key English contract law cases of 2014. We have given a brief summary of each …

Contractual interpretation: Court of Appeal disagrees with High Court on whether a clause is ambiguous

In the latest in a growing line of contractual interpretation disputes arising from complex financial instruments, the Court of Appeal has overturned a …

Drafting contracts – key lessons learned from 2013

Our corporate team's annual contract law update considers a number of interesting contract law …

UK Supreme Court clarifies the "balance-sheet" insolvency test

BNY Corporate Trustee Services Limited v Eurosail-UK 2007-3BL PLC [2013] UKSC 28 The Supreme Court has delivered a …