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Results: 1-10 of 52

Does a variation to an obligation arising under a facility agreement discharge a guarantee?

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • March 14 2013

It is established case law that a guarantor will be released from liability under a guarantee if there was a material or 'not unsubstantial' change

Loans for specific purposes

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 5 2012

Facility letters often contain a clause stating that the facility is to be used for a specific purpose or project, in order to avoid a claim by the borrower or any guarantor that the lender has consented to any misuse of loan funds or has a duty to ensure the money is properly applied

Noting of an interest - no longer an option for lenders

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • March 14 2013

The protocol (dating back to 1992) designed to protect banks’ interests as mortgagees of property between The Association of British Insurers (ABI

Withholding consent under finance transactions: objective standards of reasonableness

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • March 14 2013

The High Court has ruled that an objective standard of reasonableness test should be applied to determine whether consent has been withheld in a

Waivers and preservation of rights to terminate

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • April 6 2009

In these difficult economic times, there are bound to be occasions when borrowers breach the terms of facility letters or loan agreements causing the occurrence of events of default

Implications of Consumer Credit Act 2006

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 9 2007

We have already seen parts of the Consumer Credit Act 2006 (the “2006 Act”) come into force and more are set for implementation over the next twelve months

Credit card protection extends abroad

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • July 14 2008

With the holiday season in full swing, we thought it might be a good idea to remind our clients that UK credit card companies can be held liable under the Consumer Credit Act for breaches of contract or misrepresentations arising out of foreign credit card transactions

The Companies Act 2006 and banking and finance transactions

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 9 2007

The much anticipated Companies Act 2006 is now law

Bank confidentiality

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 9 2007

Traditionally, bankers owed a duty of confidence or secrecy to their customers

Mortgage exit charges - obtaining redress

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • May 12 2008

When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which, while it will be shown in the mortgage offer letter, is something most borrowers will have forgotten about

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