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A bank's innocent mishandling of a client's funds subject to a Mareva injunction freezing order leads to a finding of contempt of court

Borden Ladner Gervais LLP
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Canada, United Kingdom
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April 4 2008

A recent English decision highlights the danger that even a well-intentioned financial institution may face if it fails to strictly obey a Mareva injunction order freezing the accounts of one of its clients

BLG Monthly Update

Borden Ladner Gervais LLP
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Argentina, Australia, Canada, United Kingdom, USA
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December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

‘No such thing as an entirely safe tree’, says English High Court

Borden Ladner Gervais LLP
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United Kingdom
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October 17 2011

Felbrigg Hall is an English stately home administered by the National Trust (NT

Bank seeks direction on dealing with funds in Libyan embassy account

Borden Ladner Gervais LLP
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Libya, United Kingdom
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October 17 2011

One of the customers of British Arab Commercial Bank (BACB) is the Libyan embassy in London, which has large amounts on deposit with the bank

Clause requiring arbitrator to be Ismaili Muslim upheld

Borden Ladner Gervais LLP
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United Kingdom
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September 29 2011

The English Court of Appeal declined to uphold an arbitration clause in a joint venture agreement which required the arbitrator to be ‘a respected member of the Ismaili community’: Jivraj v Hashwani, 2010 EWCA Civ 712

Lehman derivatives transaction did not run afoul of fraudulent conveyance rules, says UKSC

Borden Ladner Gervais LLP
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United Kingdom
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September 29 2011

In 2002 a European subsidiary of Lehman Brothers created a complicated synthetic debt structure called Dante, which was intended to provide credit insurance for another subsidiary, LBSF, against credit events affecting certain reference entities, the obligations of which formed the reference portfolio

ISDA Master Agreement, Section 2(a)(iii): interpretation by the English Court of Appeal

Borden Ladner Gervais LLP
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United Kingdom
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April 12 2012

The English Court of Appeal has recently handed down a decision in Lomas and others v JFB Firth Rixson, Inc. and others, 2012 EWCA Civ 419 that, among other things, has provided an interpretation of Section 2(a)(iii) of the 1992 form of ISDA Master Agreement that mirrors the predominant market view of the correct interpretation of this Section

Tweeting from English courts

Borden Ladner Gervais LLP
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United Kingdom
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February 9 2012

Lord Judge (real name), Lord Chief Justice of England and Wales, has issued guidance stating that representatives of the media and ‘legal commentators’ may send live, text-based messages from court without having to seek permission (subject to the possibility that their blogging or tweeting might need to be restricted in some cases); but members of the public must ask first, although that can be done informally by talking to court staff

Proceedings with a legitimate purpose and an illegitimate collateral purpose: what is a court to do?

Borden Ladner Gervais LLP
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Kazakhstan, United Kingdom
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February 9 2012

JSC BTA Bank (controlled, since entering receivership, by the government of Kazakhstan) sought to recover $1.8 billion in assets allegedly misappropriated by Mukhtar Ablyazov during his tenure as chairman of the bank

Contract badly drafted and somewhat counterintuitive, but enforced

Borden Ladner Gervais LLP
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United Kingdom
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December 16 2011

A contract for the construction and sale of an aircraft by Bombardier provided in clause 8.4 that the buyer could terminate immediately after 90 days of ‘non-excusable delay’ (as defined

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Search results

A bank's innocent mishandling of a client's funds subject to a Mareva injunction freezing order leads to a finding of contempt of court

BLG Monthly Update

‘No such thing as an entirely safe tree’, says English High Court

Bank seeks direction on dealing with funds in Libyan embassy account

Clause requiring arbitrator to be Ismaili Muslim upheld

Lehman derivatives transaction did not run afoul of fraudulent conveyance rules, says UKSC

ISDA Master Agreement, Section 2(a)(iii): interpretation by the English Court of Appeal

Tweeting from English courts

Proceedings with a legitimate purpose and an illegitimate collateral purpose: what is a court to do?

Contract badly drafted and somewhat counterintuitive, but enforced

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