Banking Litigation Notes

High Court applies public law standard to the exercise of discretion by a financial institution under a receivables finance agreement

BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) serves as an interesting illustration of how the Court can import public law principles to the …

High Court strikes out claims relating to the mis-selling of interest rate hedging products Supreme Court on contractual interpretation – striking a balance between the language used and the commercial implications

In Wood (Respondent) v Capita Insurance Services Limited (Appellant) [2017] UKSC 24, the Supreme Court has unanimously dismissed an appeal …

Court of Appeal clarifies interpretation of default interest provisions under commercial mortgage backed securitisation documentation

The recent decision of the Court of Appeal in Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc [2016] EWCA Civ 1293 will be of …

Commercial Court finds commitment letter unsigned by one party to be legally binding

The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c)[2016] EWHC 1575 (Comm), serves as …

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 …

Court of Appeal gives guidance for bankers' references: what to include in a request for reference and the circumstances in which liability may be avoided

The recent decision of the Court of Appeal in Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA [2016] EWCA Civ 457 is an …

Court of Appeal resolves redemption dispute concerning £3.3bn "coco" notes by reference to their commercial purpose

LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation …

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