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High Court considers termination and enforcement of security rights in context of default on loan agreement

United Kingdom - May 5 2022 The High Court has found in favour of a lender in its claim against a dissolved airline business for sums due under a loan facility agreement (which…

Emily Barry, Nihar Lovell, Ceri Morgan

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

United Kingdom - December 15 2021 In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the…

Simon Clarke, Nihar Lovell, Ceri Morgan

High Court upholds contractual terms setting out basis of relationship in dismissing breach of duty claim relating to introduction to third party investment schemes

United Kingdom - October 28 2021 The High Court has upheld certain contractual terms which set out the basis of the parties’ relationship in dismissing a breach of duty claim by an…

Rupert Lewis, Nihar Lovell

Court of Appeal decision in Adams v Options: the meaning of “advice” and potential implications for financial product mis-selling claims

United Kingdom - May 5 2021 In the context of an investor’s claim against the provider of his self-invested personal pension (SIPP) under s.27 of the Financial Services and…

John Corrie, Ceri Morgan, Ian Thomas

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

United Kingdom - March 19 2021 In an important decision for financial institutions, the High Court has confirmed that a Claimant’s awareness of a representation is an essential…

Chris Bushell, Harry Edwards, Ceri Morgan