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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 …
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 …
Clearing brokers' duties when exercising close out powers
In the current economic climate, brokers will find the decision of the High Court (UK) in Euroption of considerable interest, since it …
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 …
High Court Ruling in Pension Funds' Action Against Fund Manager
The High Court has ruled largely against a group of institutional investors on preliminary issues in proceedings brought against the manager and general …
Court of Appeal provides clarity on payment obligations owed to insolvent counterparties
In a keenly anticipated judgment, the Court of Appeal today handed down its verdict in four appeals ([2012] EWCA Civ 419. In the appeal of (1) Lomas …
Showing 132 out of 132 results