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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

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

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

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

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

Finance and secured lending in the United Kingdom
  • Ashurst LLP
  • European Union, Global, United Kingdom
  • June 15 2016

A structured guide to finance and secured lending in the United Kingdom

What next for Interest Rate Hedging Products and mis-selling?
  • Burges Salmon LLP
  • United Kingdom
  • June 15 2016

Businesses which purchased interest rate hedging products (IRHPs) to protect themselves against the threat of interest rate rises are now arguing

Contractual interpretation and penalties in the Financial List
  • DAC Beachcroft
  • United Kingdom
  • May 31 2016

The Financial List has promptly disposed of a case regarding the construction of complex documents in a commercial mortgage-backed securitisation

Financial List signposts tough road for contractual construction
  • RPC
  • European Union, United Kingdom
  • May 26 2016

A recent decision in the High Court (Hayfin v Windermere VII CMBS), one of the first from the Financial List, has demonstrated a strict approach to

Structured Finance in the Courts: Five Things We Learned From the Class X Cases
  • Squire Patton Boggs
  • United Kingdom
  • May 23 2016

As regular readers of our finance disputes blog will know, April 2016 saw the High Court in London decide no fewer than five cases brought by the