Banking Litigation Notes

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 …