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High Court clarifies calculation of Close-out Amount under 2002 ISDA Master Agreement

United Kingdom, USA - March 22 2018 Lehman Brothers Special Financing Inc. v National Power Corporation & Anor [2018] EWHC 487 (Comm) is a significant case on the calculation of…

Harry Edwards, Ceri Morgan

High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose

United Kingdom - September 24 2020 The High Court has dismissed a Part 8 claim against a bank for allegedly failing to provide an adequate response to the Claimant’s Data Subject…

Julian Copeman, Miriam Everett, Ceri Morgan

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…

Nic Patmore, Emily Barry, Ceri Morgan

Court of Appeal considers tests for “blind-eye” knowledge and vicarious liability in the context of a dishonest assistance claim

United Kingdom - June 15 2021 The Court of Appeal has ordered the re-trial of a dishonest assistance claim by insolvent companies and their respective liquidators against a bank…

John Corrie, Mark Tanner

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

United Kingdom - July 5 2021 The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers…

Harry Edwards, Ceri Morgan