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Court of Appeal considers meaning of “commercially reasonable manner”

United Kingdom - October 22 2014 This case addressed the construction of a clause requiring a party to make a determination in a “commercially reasonable manner” in relation to an…

Michael Clark, Paul Friedman, Anna Myrvang, Conrad Walker.

High Court grants permission to plead fraud in LIBOR claim

United Kingdom - January 11 2016 In the latest decision regarding LIBOR claims (Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2015] EWHC3272 (Ch)), Property Alliance…

Harry Savva.

Court rules that a lender owes a duty of confidentiality to its borrowers, and should be held liable for damages in the event that such a duty is breached

United Kingdom - October 22 2014 Primary Group Limited (Primary) entered into a loan facility (“the Agreement”) with the Royal Bank of Scotland (RBS) in 2006. During initial…

Michael Clark, Paul Friedman, Anna Myrvang, Conrad Walker.

The High Court considers whether certain investment schemes were “collective investment schemes” (CISs) for the purposes of section 235 of the Financial Services and Markets Act 2000 (FSMA)

United Kingdom - October 22 2014 The defendants promoted and operated four investment schemes. The first scheme, referred to as the African land scheme, concerned a rice farm in…

Michael Clark, Paul Friedman, Anna Myrvang, Conrad Walker.

High Court grants Norwich Pharmacal relief against foreign banks

United Kingdom - October 22 2014 The applicant, Credit Suisse Trust, applied for Norwich Pharmacal relief in two separate but connected actions against two Italian Banks; Banca Monte…

Michael Clark, Paul Friedman, Anna Myrvang, Conrad Walker.