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Searching Content by Steven Mills from Dentons ordered by Published Date Descending.
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1
Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) ...
UK
28 Nov 2018
2
Review Into The Complaints And Alternative Dispute Resolution Landscape For UK SMEs By UK Finance
On 23 October 2018 UK Finance published a review into the complaints and alternative dispute resolution (ADR) landscape for the UK SME market by Simon Walker CBE
UK
4 Nov 2018
3
Changes To The Financial Ombudsman Service
On 16 October 2018, the FCA and the FOS issued two publications which together could have a significant impact on financial services firms and their complaints and disputes handling.
UK
26 Oct 2018
4
No Duty To Obtain Best Price Reasonable In A Forced Sale – Upheld By Court Of Appeal
This was the appeal of an unsuccessful claim against Credit Suisse International, in which the claimants alleged that the Bank had failed to secure the best price reasonably obtainable...
UK
11 Jul 2018
5
What Can We Learn From The First Half Of 2017?
Whilst a number of cases in the first six months of 2017 dealt with issues of particular interest to litigators, the recent case with perhaps the widest implications for lawyers and investigators is SFO v. ENRC.
UK
11 Jul 2018
6
I'm Sorry I Haven't A CLU – Swaps Claim Relating To Bank's Failure To Disclose Internal Credit Provision Is Dismissed – London Executive Aviation V. The Royal Bank Of Scotland Plc [2018] EWHC 74 (Ch)
In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA).
UK
24 Jan 2018
7
Privy Council Decision On Pre-Contract Representations In A Commercial Borrower-Lender Relationship
In November 2017, the Board of the Judicial Committee of the Privy Council (the Board) gave judgment on an appeal against, inter alia, liability under a commercial loan ...
UK
19 Jan 2018
8
Application For Summary Judgment Granted After Nine-Day Hearing
At first glance, it may seem something of a contradiction to hold a summary judgment hearing over nine days.
UK
19 Jan 2018
9
Quantum Of Damages Where Loan Advanced On The Basis Of A Negligent Valuation
In what Lord Sumption described as a "perfectly straightforward" result, the Supreme Court has considered the approach to determining the quantum of damages in a case where a property was negligently overvalued.
UK
19 Jan 2018
10
Choice Of English Governing Law Upheld Over Arguments Of Non-Shariah Compliance
In 2007, Dana Gas raised US$1 billion of financing (restructured in 2013) through the issue of Trust Certificates (Sukuk).
UK
19 Jan 2018
11
Duty Of Care Owed By Arranger In Relation To The Execution Of Sukuk Documents
This case concerned the inability of the claimants to recover sums pursuant to a promissory note (the Promissory Note) which formed part of the transaction documents for a sukuk ...
UK
19 Jan 2018
12
Effecting Service Of Proceedings On Uncommunicative Defendants
In this case, the High Court considered whether valid service had been effected upon two defendants based outside of the jurisdiction who had shown no willingness to be involved in the proceedings.
UK
18 Jan 2018
13
Preliminary Ruling On The Requirement For "Plain Intelligible Language" In Consumer Contracts
The Court of Justice of the European Union (CJEU) has made a preliminary ruling in relation to the interpretation of Directive 93/13/EEC on Unfair Terms in Consumer Contracts (the Unfair Terms Directive).
European Union
18 Jan 2018
14
Unfair Relationships Under The Consumer Credit Act 1974
In this case, the High Court considered: (1) whether the claimant (the Bank) was estopped from exercising its right to demand repayment and enforce security over the Defendants' assets ...
UK
18 Jan 2018
15
Substantially Negotiated LMA Facility Agreements Not Caught By Section 3 Of UCTA
In June, the Court of Appeal handed down judgment in an appeal that considered whether section 3 of the Unfair Contract Terms Act 1977 (UCTA) can catch facility agreements ...
UK
18 Jan 2018
16
Meaning Of Financial Institution And Right Of A Party Already In Default Under An ISDA Master Agreement To Terminate For The Default Of The Other Party
This claim was brought by the joint administrators of Olympia Securities Commercial Plc (the Company), a property developer. The dispute, however, was in reality between the two defendants.
UK
18 Jan 2018
17
Successful Claim For Damages For Breach Of FCA Rules In Relation To Advice And Whether A Decision Said To Amount To "Financial Suicide" Should Affect Causation
This claim related to investment advice allegedly given in breach of FCA rules. The claimants were a wealthy Kuwaiti family comprising a father and his three sons ...
UK
18 Jan 2018
18
Claim For Breach Of Mandate And Failure To Operate Stop Loss Protection Upheld Against Discretionary Fund Manager
This case concerned the claims of Mr Rocker (a successful businessman) against Full Circle Asset Management Limited (FCAM) ...
UK
18 Jan 2018
19
Unwinding A Loan Participation Where The Deadline For Meeting A Condition Has Expired
In October, the High Court held that the buyer of a portion of a loan facility was entitled to unwind its participation where the deadline for meeting a condition had expired.
UK
18 Jan 2018
20
Fetters On Contractual Discretion
BHL was successful in its claim against Leumi ABL Limited (Leumi) on the basis that Leumi had not been entitled to charge a collection fee of 15 per cent under a receivables finance ...
UK
18 Jan 2018
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