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‘Point of no return’ is not the point says Supreme Court
- Reed Smith LLP
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- United Kingdom
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- May 9 2013
So Eurosail-UK 2007-3BL plc (Eurosail) is not 'balance sheet' insolvent, no event of default has occurred under the RMBS notes it has issued and a
Camerata Property Inc v Credit Suisse Securities (Europe) Ltd
- 20 Essex Street
- -
- United Kingdom
- -
- February 13 2013
Christopher Hancock QC and Daniel Bovensiepen acted for the successful Claimant in resisting the Defendant's application for summary judgment
Everyone for him- or herself? The English court considers the extent of a party's duty to "act reasonably" in the context of a financing transaction
- Jones Day
- -
- United Kingdom
- -
- January 28 2013
The English High Court has applied an objective standard of reasonableness in determining whether a party to a series of finance transactions had
Trust me a security trustee’s duties to subordinated creditors examined
- Ropes & Gray LLP
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- United Kingdom
- -
- December 13 2012
A recent High Court judgment has highlighted the importance for mezzanine creditors of including express and robust contractual protections when negotiating intercreditor agreements and provides a helpful summary of a trustee’s duties to mezzanine lenders when enforcing security
Financial transactions and VAT: assignment of receivables at a discount to face value
- Orrick Herrington & Sutcliffe LLP
- -
- European Union, United Kingdom
- -
- October 19 2012
The ECJ provides some comfort to assignors and assignees of financial assets at a discount to face value
Executive fails to quash Warning Notice which included references to privileged material
- Eversheds LLP
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- United Kingdom
- -
- July 20 2012
Despite the High Court finding that the FSA had used privileged material during its investigation of the Claimant, the Claimant’s application for judicial review to have the Warning Notice against him quashed, was rejected
Banking litigation update
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- July 19 2012
In Lomas, the Court of Appeal heard four joined appeals concerning the interpretation of various provisions of the ISDA Master Agreement
Application to strike out and the "Black Hole" defence
- Eversheds LLP
- -
- United Kingdom
- -
- April 24 2012
On 23 March 2012 Mr Justice Mann sitting in the Chancery Division considered an appeal by Ernst & Young against a Master's earlier decision
Lender claims against surveyors - scope of duty, securitisation and contributory negligence
- Kennedys
- -
- United Kingdom
- -
- March 30 2012
The High Court recently handed down its judgment in Paratus AMC Ltd & RMAC 2005 NS1 PLC v Countrywide Surveyors Ltd 2011 EWHC 3307 (Ch), finding for the Defendant surveyor in a claim brought against it by both its lender client and its client’s assignee
Belmont Park Investments Pty Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc 2011 UKSC 38 (United Kingdom, Supreme Court, 27 July 2011)
- Wong Partnership
- -
- United Kingdom
- -
- September 14 2011
UK Supreme Court has held that the synthetic debt repackaged note issuance programme established by Lehman Brothers International (Europe) did not offend the anti-deprivation principle
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