Judgment calls into question 'fast-track' court sale procedure
Mr Justice Teare recently handed down his decision in Bank of Scotland Plc v The Owners of the M/V Union Gold, which calls into question the fairly established practice in England of allowing vessels subject to mortgage enforcement claims to be sold using the ‘fast-track’ procedure…
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Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.