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United Kingdom - March 7 2012
The recent case of The Trustees of Beardsley Theobalds Retirement Benefit Scheme v Yardley makes clear the importance for lenders to obtain confirmation that an individual signing a security document has received independent legal advice.
United Kingdom - March 5 2012
Until recently practice would assume the answer to that question would be “no” but the 2011 First Tier Tribunal Case of Volkswagen Financial Services Limited v Revenue and Customs Commissioners may suggest otherwise.
United Kingdom - February 28 2012
The recent case of Micoperi SRL v. Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) addressed a situation where a P & I Association first accepted that a claimant was covered but consequently tried to claim otherwise.
United Kingdom - February 27 2012
In November 2011, in the case of WS Tankship II BV v The Kwangju Bank Ltd and another, the High Court of England and Wales discussed whether a guarantee sent by SWIFT message can be considered “signed” in terms of the Statute of Frauds 1677.
United Kingdom - February 16 2012
In determining whether a security interest has been validly created in accordance with the requirements of Scots law, the key considerations are whether the security transaction has been carried out publicly or in secret and whether the requirements of legal validity have been met and, unlike under English law, the concept of equity is irrelevant.
