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Alexander v West Bromwich Mortgage Company Ltd: When can lenders rely on contradictory mortgage conditions?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 25 2016

In Alexander v West Bromwich Mortgage Company Ltd 2016 EWCA Civ 496, the Court of Appeal considered the right of a lender to rely on standard term


The Court of Appeal redefines the “but-for” causation test for negligence: Losses caused to a lender by a surveyor’s negligent property valuation on a refinancing were wholly recoverable.
  • Ropes & Gray LLP
  • United Kingdom
  • July 25 2016

In a landmark judgment with wide implications for the lending, refinancing and valuation industries, in Tiuta International Ltd (In liquidation) v De


Court of Appeal decision on inconsistency clauses in context of lenders’ reliance on contradictory mortgage conditions
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 25 2016

A recent Court of Appeal decision provides a useful reminder of the courts' approach to resolving inconsistency in cases where there is an


Winning the battle but losing the war
  • RPC
  • United Kingdom
  • July 22 2016

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to


UK competition class action regime out of the starting blocks
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 22 2016

After a slow start, use of the UK's new competition collective redress regime is now gathering pace. The first opt-out class action application, on


Dooneen Ltd & Others V Mond 2016 CSIH 59 - Inner House of the Court Issues Opinion
  • Brodies LLP
  • United Kingdom
  • July 21 2016

Yesterday the Inner House of the Court of Session issued its opinion in the appeal of Dooneen Ltd & Others v Mond 2016 CSIH 59. The appeal was


Bank has no duty of care to hidden claimant
  • Mayer Brown LLP
  • United Kingdom
  • July 21 2016

Identifying a duty of care in tort is not easy. The Court of Appeal has said that there is currently no single test for this duty but it is customary


Taking stock of Brexit Keep calm and carry on
  • Mayer Brown LLP
  • European Union, United Kingdom
  • July 20 2016

This is the first in a series of articles aimed at providing legal updates to private equity portfolio companies. It is hoped that the information


Keeping on track: lenders' rights to vary interest rates and tracker mortgages
  • CMS
  • United Kingdom
  • July 19 2016

In the recent case of Alexander v West Bromwich Mortgage Co Ltd, the Court of Appeal considered: inconsistencies between the terms of the mortgage


Finance Litigation & Regulatory Update - 15 July 2016
  • Addleshaw Goddard LLP
  • United Kingdom
  • July 15 2016

In Finch and another v Lloyds TSB Bank Plc and others, the High Court considered whether a lender had a duty to advise a borrower about a clause in