A ‘Bright Line’ decision: Court of Appeal rules in Mencap ‘sleep-in’ shift case

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High Court rejects customer’s ‘unfair relationship’ claim

By James Taylor In the recent case of Promontoria (Henrico) Ltd v Gurcharn Samra, the High Court has rejected unfair relationship allegations made by a customer against its bank and distressed debt creditor. James Taylor, who acted in the case on behalf of the creditor, highlights key takeaways for lenders. What is an ‘unfair relationship’? Section […]

Classification of contractual terms: What businesses need to know

Gwendoline Davies, Head of Dispute Resolution at Walker Morris explains why businesses need to understand the different categories of contractual terms. In light of the recent Court of Appeal case of Ark Shipping v Silverburn Shipping [1], Gwendoline clarifies the correct approach to the classification of terms, and offers practical advice for anyone involved in contract drafting […]

Countdown to Brexit Series – The UKCA Mark

This week’s article looks at the UKCA (UK Conformity Assessed) marking, the new UK product marking that will be used for certain goods placed on the UK market in the event of a no-deal Brexit. If Britain leaves the UK without a deal, this marking will replace the long standing CE marking that has indicated […]

The Meisels Judgment: pre-commencement condition – beware the Whitley Principle!

The recent decision of the High Court in the Meisels case (Meisels and Anor v Secretary of State for Housing, Communities and Local Government[2019] EWHC 1987 (Admin)) found what might appear to be a seemingly innocuous planning condition to be a ‘true’ condition precedent, the breach of which rendered development unlawful. Most in the industry […]

Capital Markets Update – October 2019

Welcome to the current edition of Capital Markets Update, the monthly briefing from the Corporate Group at Walker Morris rounding up the previous month’s regulatory developments within the equity capital markets and looking ahead to future developments. September’s news NEX Exchange publishes updated Growth Market Rules On 2 September 2019, the NEX Exchange announced via […]

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Project Finance in Switzerland

By Thiemo Sturny Types of collateral What types of collateral and security interests are available? Under Swiss law, many types of collateral are available for securing a loan. Often a combination of different types of collateral is used. Collateral may include real estate, ships and aeroplanes, inventory and movable property, afteracquired property, securities such as […]

Antitrust Litigation – Portugal

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Court of Appeal denies council’s claim to community infrastructure levy

By Katherine Evans The Court of Appeal has unanimously rejected a London council’s claim to over £0.5million of Community Infrastructure Levy (CIL). The issue in R (on the application of Giordano Ltd) v Camden London Borough Council turned on the interpretation of regulation 40(7)(ii) of the Community Infrastructure Levy Regulations 2010 (as amended) (the CIL Regulations). The […]

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