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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


Hayfin Opal Luxco 3 SARL & another v Windermere VII CMBS plc and others 2016 EWHC 782 (Ch)
  • Clyde & Co LLP
  • United Kingdom
  • May 13 2016

Here the court considered whether an interest provision was void as a penalty. The issues before the court arose from a commercial mortgage backed


The Class X Factor: It’s a NO from the Chancellor
  • Reed Smith LLP
  • United Kingdom
  • May 11 2016

It's not been a good month for Class X Noteholders. Following the judgment in the Windermere VII case (see our commentary here) in which Snowden J


International Regulatory Update 03 - 06 May 2016
  • Clifford Chance LLP
  • European Union, Hong Kong, Italy, Luxembourg, Netherlands, Saudi Arabia, Singapore, Spain, United Kingdom, USA
  • May 10 2016

The European Securities and Markets Authority (ESMA) has published two opinions proposing amendments to draft Regulatory Technical Standards (RTS) 2


Financial List signposts a tough road for contractual construction relating to financial traded instruments
  • RPC
  • European Union, United Kingdom
  • May 10 2016

In one of the early decisions handed down by the recently established Financial List, Justice Snowden has firmly disposed of a detailed case


Windermere VII: Financial List provides guidance of wider market significance on the rights attaching to Class X Notes in a CMBS structure
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 10 2016

A recent decision (heard in the Financial List) in Hayfin Opal Luxco 3 S.A.R.L. & Anor v Windermere VII CMBS plc & Ors 2016 EWHC 782 (Ch), relating


Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc and Others
  • Rosling King LLP
  • United Kingdom
  • May 4 2016

In the latest set of cases to analyse the structure of legacy Commercial Mortgage Backed Securities (“CMBS”), the High Court in London has examined


Corporate Trustees and Cash Managers: can historic miscalculations and underpayments be an Event of Default?
  • Bryan Cave LLP
  • United Kingdom
  • April 28 2016

We now have the English High Court’s first judgment concerning the position of Class X Notes in a CMBS structure. The rights of the Class X Notes in


An Evolution in Trade Receivables Financing
  • Clifford Chance LLP
  • United Kingdom
  • April 27 2016

Trade receivables financings take advantage of a number of legal mechanisms in order to achieve particular effects. An insolvency remote sale