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FCA v Macris: restrictive meaning of "identifies" under s393 FSMA 2000
  • Burges Salmon LLP
  • United Kingdom
  • May 3 2017

Supreme Court overturns the findings of the Court of Appeal and the Upper Tribunal and adopts a restrictive meaning of the word "identifies" in s393

Court of Appeal rejects Titan Class X claim: speedread Q & A
  • Squire Patton Boggs
  • United Kingdom
  • January 31 2017

Credit Suisse Asset Management (“CSAM”) was the originator of Titan 2006-1, a commercial mortgage backed securitization (“CMBS”). The Titan 2006-1

Court of Appeal clarifies interpretation of default interest provisions under commercial mortgage backed securitisation documentation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 5 2017

The recent decision of the Court of Appeal in Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc 2016 EWCA Civ 1293 will be of interest

CMBS noteholder litigation: where do they stand?
  • Reed Smith LLP
  • United Kingdom
  • December 12 2016

The recent spate of litigation in CMBS transactions by noteholders to obtain interpretations of their rights directly in the English courts rather

Trends in Regulatory Enforcement in UK Financial Markets 201617 Mid-Year Report
  • NERA Economic Consulting
  • United Kingdom
  • December 8 2016

Both the number and monetary value of FCA fines slowed to a trickle in the first half of the 201617 financial year (ended 30 September 2016), with

Construction, implying terms and the doctrine of penalties in the real estate securitisation space
  • Taylor Wessing
  • United Kingdom
  • September 5 2016

The issues here centred on rights attaching to a particular class of loan note in a Commercial Mortgage-Backed Securities transaction. The structure

The Courts flip-flopping (again) on the validity of “flip clauses”
  • Clayton Utz
  • Australia, United Kingdom, USA
  • September 1 2016

Judge Chapman’s judgment is obviously a welcome development for participants in the structured capital markets, particularly those who transact

Cheyne Capital v. Deutsche Trustee Company: another securitisation dispute on contractual interpretation
  • Dentons
  • United Kingdom
  • September 1 2016

Hot on the heels of a number of recent cases on the interpretation of securitisation documents comes Cheyne Capital (Management) UK (LLP) v. Deutsche

Class X warfare: contractual interpretation of securitisation documents
  • Berwin Leighton Paisner LLP
  • United Kingdom
  • June 22 2016

In a recent video blog we considered how the contractual interpretation principles established in Arnold v Britton may be applied to structured

Contractual interpretation disputes from the Trustee's perspective: The saga continues
  • Bryan Cave LLP
  • United Kingdom
  • June 22 2016

In the first four months of 2016 three more judgments relating to issues of contractual interpretation of provisions contained in documents of