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Searching Content indexed under Arbitration & Dispute Resolution by Clare Stothard ordered by Published Date Descending.
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Solicitor's Failure To File Costs Budget Not Remedied By Undertaking To Pay Costs Thrown Away
The defendants will now be treated as having filed a costs budget comprising only applicable court fees.
UK
16 Jan 2019
2
UK Banks Commit To Dispute Resolution Processes For Larger SMEs, Including Legacy Complaints
In March 2018, UK Finance commissioned an independent review of the complaints and resolution landscape for UK SMEs from Simon Walker CBE, Professor Christopher Hodges and Professor Robert...
UK
20 Dec 2018
3
Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) ...
UK
28 Nov 2018
4
Review Into The Complaints And Alternative Dispute Resolution Landscape For UK SMEs By UK Finance
On 23 October 2018 UK Finance published a review into the complaints and alternative dispute resolution (ADR) landscape for the UK SME market by Simon Walker CBE
UK
4 Nov 2018
5
I'm Sorry I Haven't A CLU – Swaps Claim Relating To Bank's Failure To Disclose Internal Credit Provision Is Dismissed – London Executive Aviation V. The Royal Bank Of Scotland Plc [2018] EWHC 74 (Ch)
In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA).
UK
24 Jan 2018
6
Privy Council Decision On Pre-Contract Representations In A Commercial Borrower-Lender Relationship
In November 2017, the Board of the Judicial Committee of the Privy Council (the Board) gave judgment on an appeal against, inter alia, liability under a commercial loan ...
UK
19 Jan 2018
7
Application For Summary Judgment Granted After Nine-Day Hearing
At first glance, it may seem something of a contradiction to hold a summary judgment hearing over nine days.
UK
19 Jan 2018
8
Quantum Of Damages Where Loan Advanced On The Basis Of A Negligent Valuation
In what Lord Sumption described as a "perfectly straightforward" result, the Supreme Court has considered the approach to determining the quantum of damages in a case where a property was negligently overvalued.
UK
19 Jan 2018
9
Choice Of English Governing Law Upheld Over Arguments Of Non-Shariah Compliance
In 2007, Dana Gas raised US$1 billion of financing (restructured in 2013) through the issue of Trust Certificates (Sukuk).
UK
19 Jan 2018
10
Meaning Of Financial Institution And Right Of A Party Already In Default Under An ISDA Master Agreement To Terminate For The Default Of The Other Party
This claim was brought by the joint administrators of Olympia Securities Commercial Plc (the Company), a property developer. The dispute, however, was in reality between the two defendants.
UK
18 Jan 2018
11
Claim For Breach Of Mandate And Failure To Operate Stop Loss Protection Upheld Against Discretionary Fund Manager
This case concerned the claims of Mr Rocker (a successful businessman) against Full Circle Asset Management Limited (FCAM) ...
UK
18 Jan 2018
12
Fetters On Contractual Discretion
BHL was successful in its claim against Leumi ABL Limited (Leumi) on the basis that Leumi had not been entitled to charge a collection fee of 15 per cent under a receivables finance ...
UK
18 Jan 2018
13
Application And Rejection Of The "Braganza Duty" In Case Of "Classic Abusive Trading"
In this case, the court considered whether the defendant's decision to revoke trades placed by the claimant was an exercise of a contractual discretion and therefore not to be ...
UK
18 Jan 2018
14
When And How Dishonesty Needs To Be Shown
In a much-publicised recent case, the Supreme Court has considered two issues: first, whether it is necessary to prove dishonesty in order to make out an offence of cheating ...
UK
18 Jan 2018
15
Situs Of The Debt Owed Under Letters Of Credit
In February 2013, Taurus Petroleum Limited (Taurus) obtained a final award in arbitration proceedings against State Oil Marketing Company of Iraq (SOMO).
UK
18 Jan 2018
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