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A contracting party always wants to protect itself against the breach of its counterparty. But two recent cases show that parties can shoot themselves in the foot if they complete a clause that amounts to an unenforceable penalty.
The use of ‘cash shells’ with a quotation on the London Stock Exchange is a tried and tested way of generating the cash to fund an acquisition trail.
The issue of whether a document is a guarantee or an indemnity regularly comes before the courts.
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
The Court of Justice of the European Union has recently ruled on the approach national courts should take when deciding whether an arbitration clause in a contract between a bank and consumer is unfair.
The High Court has determined preliminary issues in a professional negligence claim against a firm of conveyancing solicitors brought by a mortgage lender.
The Supreme Court has denied lenders a claim for equitable compensation for a solicitors’ breach of trust that exceeds that of the actual loss caused.
The CMA is to make a ‘Phase 2’ market investigation reference in relation to the supply of retail banking services to personal current account customers and SMEs.
This is a cautionary tale for lenders to take care that their rights under an ‘all monies’ clause are not lost when enforcement action is taken against individual security in separate actions.
Mis-selling of interest rate swaps download
The drop in interest rates that accompanied the downturn in 2008 left many borrowers confronted with much higher-than-expected payments to lenders.
The Irish Supreme Court has ruled that a letter of demand that overstates the amount due from the borrower, is nonetheless a valid letter of demand.
The Supreme Court has published its final decision in the North East Property Buyers litigation that has provided crucial clarity on priority interests in land.
When a court assesses the amount of costs payable by one party in litigation proceedings to another, the costs may be assessed on either a standard basis or an indemnity basis.
Rights of a subrogated creditor download
Subrogation is a remedy allowing a party to step into the shoes of another party assuming the benefit of any rights that second party may have in relation to a liability.
A recent High Court case concerned borrowers who had a buy-to-let portfolio with many of the properties mortgaged.
Article 8 of the European Convention of Human Rights (ECHR) provides that everyone has a right to respect for his home.
In the case of McDonald and Others v McDonald, a married couple borrowed money by way of mortgage from a third party in order to acquire premises.
The issue in Aodhcon v Bridgeco was whether a bridging loan company had taken reasonable care to sell the property at the best price reasonably obtainable.
The CMA is consulting on a provisional decision to refer the market for the supply of retail banking services to PCA customers and to SMEs for a phase II market investigation.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.