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The Court of Appeal has considered the test for implied terms in Irish Bank Resolution Corp Ltd (in special liquidation) v Camden Market Holdings Corp & 7 Ors (2017)
  • CMS Cameron McKenna
  • United Kingdom
  • February 1 2017

The Court of Appeal has reiterated that the starting point for the court when considering the existence of an implied term is to give effect to the


Ruling on issuer liability in secondary market
  • Clyde & Co LLP
  • United Kingdom
  • February 1 2017

In December 2016, the Court of Appeal handed down its first ruling on the question of whether a claim under the Misrepresentation Act 1967 against an


Top finance litigation and contractual developments in 2016
  • Allen & Overy LLP
  • European Union, United Kingdom
  • January 30 2017

In Finch & anr v Lloyds TSB Bank plc & ors 2016 EWHC 1236 (QB), the Court found that a lender did not owe a contractual or tortious duty to advise a


Governance & Securities Law Focus: Europe Edition, January, 2017
  • Shearman & Sterling LLP
  • European Union, Global, Hong Kong, United Kingdom, USA
  • January 26 2017

On 25 October 2016, the European Commission ("Commission") adopted its 2017 Work Programme. The Commission proposes 21 key initiatives for 2017 to


Letters of Credit: Autonomy Principle Affirmed (Court of Appeal)
  • Clyde & Co LLP
  • Global, United Kingdom
  • January 25 2017

The commercial purpose of a standby letter of credit is to ensure that the beneficiary can obtain payment from a creditworthy bank of sums due under


Letters of Credit - Application of Fraudulent Exception
  • Reed Smith LLP
  • United Kingdom
  • January 6 2017

The High Court recently applied the ‘fraud exception’ to prevent payment under a standby letter of credit where the signatory who certified a


Business Finance and Restructuring - Looking ahead to 2017
  • Weil Gotshal & Manges LLP
  • European Union, United Kingdom, USA
  • December 20 2016

The Insolvency Service is reviewing responses to its consultation on significant reforms designed to improve the restructuring tools available to


Commitment Letters Not To Be Taken LightlyHow Committed Are We?
  • Vedder Price PC
  • United Kingdom
  • December 20 2016

At the outset of a transaction, parties often use a commitment letter, letter of intent or Memorandum of Understanding to set out the principal terms


Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 16 2016

The recent decision of the Court of Appeal in Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank AS) (In bankruptcy) 2016 EWCA Civ 1262


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