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What can we learn from the second half of 2017

United Kingdom - January 16 2018 Cases which consider the construction and use of standard form financial agreements almost always deserve reading. Most…

Daren Allen, Celyn Armstrong, Alexandra Doucas, Felicity Ewing, Katharine Harle

Application for summary judgment granted after nine-day hearing

United Kingdom - January 16 2018 At first glance, it may seem something of a contradiction to hold a summary judgment hearing over nine days. In this case the court held that it would…

Felicity Ewing, Steven Mills, Craig Neilson, Clare Stothard, Kerry Talbot

Successful claim for damages for breach of FCA rules in relation to advice and whether a decision said to amount to "financial suicide" should affect causation

United Kingdom - January 16 2018 This claim related to investment advice allegedly given in breach of FCA rules. The claimants were a wealthy Kuwaiti family comprising a father and…

Felicity Ewing, Steven Mills, Craig Neilson, Clare Stothard, Kerry Talbot

Duty of care owed by Arranger in relation to the execution of sukuk documents

United Kingdom - January 16 2018 This case concerned the inability of the claimants to recover sums pursuant to a promissory note (the Promissory Note) which formed part of the…

Felicity Ewing, Steven Mills, Craig Neilson, Clare Stothard, Kerry Talbot

When can a note trustee lawfully adopt expenses incurred by noteholders?

United Kingdom - January 16 2018 A securitisation transaction took place in 2006, the subject of which was cashflows generated by a portfolio of sheltered housing. Such cashflows were…

Felicity Ewing, Steven Mills, Craig Neilson, Clare Stothard, Kerry Talbot