A question of loss
One of the questions that the courts have been vexed with is how much loss a claimant is entitled to recover in relation to a breach of trust claim against its solicitors. In this case, solicitors acting...
Sector
Banking & Finance
Our dedicated team handle contentious banking matters and transactional finance work, including refinancing, asset-based funding and property finance.
We are regularly instructed by lenders, borrowers and investors across a wide range of deals involving a cross section of leveraged finance, senior debt and private equity investments and asset finance funding in a variety of combinations, with a particular emphasis on real estate. Our clients include investment and clearing banks, developers, hedge funds, venture capital trusts and high-net worth individuals. On the M&A side, we regularly undertake structured and leveraged finance and private equity instructions. We can also advise on specialised tax driven transactions, re-financings, sales and leasebacks and lending to specialised vehicles such as limited partnerships or offshore entities.
Key team contact
Richard Phillips 020 7842 3335
richard.phillips@mablaw.com
Latest news and views about Banking & Finance
RSSPurchase and leaseback schemes – are they binding on a lender?
This appeal concerned nine test cases involving purchase and leaseback schemes whereby owners of properties (“the Vendors”) had sold their homes to purchasers (“the Purchasers”), who had promised...
The perils of Part 36
This is yet a further case on Part 36 and the perils of not complying strictly with its provisions. On 6 April 2007, Part 36 was completely rewritten. In this case when the claimant put forward their...
Default Notices
This is a Court of Appeal judgment involving a debt of £5,000 owed by Mr Brandon in respect of his credit card with Amex.
On 19 June 2007, Amex issued a Default Notice asserting a breach of the agreement...
At the discretion of the lender
This dispute centred on the meaning of a loan agreement and is an example of how a court will approach the question of construction of a loan agreement.
The purpose of the loan was to provide the claimant...
Can a lender petition for bankruptcy based on a guarantee?
Last December, I reviewed the case of McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989, which considered whether a guarantee liability is a liability for a liquidated sum within...
OFT publishes revised Debt Collection Guidance
Last month, following a consultation between 10 March and 2 June 2011, the Office of Fair Trading (OFT) published a revised version of its Debt Collection Guidance. It was last revised in December 2006.
The...
Nylon and Barclays settle £250m investment dispute
Nylon Capital was a hedge fund that was set up seven years ago, and Barclays made an initial capital investment of £250 million into funds under its management. The parties entered into an LLP agreement...
Enforcing a suspended possession order following subsequent default
Where a borrower makes an arrangement with a lender following a possession order for arrears to be added to the loan, but then the borrower subsequently falls into arrears again, is the lender entitled...
Money laundering – do you need to disclose bank employee details?
Last year, the Court of Appeal decided that a claimant was entitled to require a bank to prove its case that it was obliged to make a number of authorised disclosures to the Serious Organised Crime Agency. ...
