12 results
17 Jul 2019 15:25
Not so common common law“The current system of awarding interest is muddled and out-of-date. It is difficult to justify to litigants, and gives the impression that the legal system is living in the past.” So wrote the Law Commission in 2004 (Law Com no. 287 at paragraph 1.15). The decision of the Court of Appeal in Al more...
23 Jan 2019 16:05
Newsflash: Court of Appeal confirms what is a ‘mistake’ for the purposes of rectifying HM Land RegisterIn August 2018 Walker Morris published a briefing on the High Court’s decision in the Antoine case, which further considered what is a ‘mistake’ for the purposes of rectifying HM Land Register. That decision was appealed and the Court of Appeal has now dismissed the appeal and confirmed [footnote 1 more...
15 Jan 2019 10:46
Implying ‘Braganza’ duties into mortgage contractsA recent High Court case has shed some light on the extent to which the courts may imply additional duties into mortgage agreements requiring lenders to make decisions by way of processes that would be “lawful and rational in the public law sense”. Banking Litigation specialist Christina Gill more...
8 Jan 2019 12:24
McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch)McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh (“the Claimant”) and a lender, Bank of Scotland (“the Bank”) in respect of the borrower’s default on a loan facility which had been used to refinance commercial property in an out of more...
28 Nov 2018 15:50
Welcome outcome for lenders, despite fraud and mistakeIn Santander UK plc v Fletcher & Anor [footnote 1], Mrs Fletcher appealed against a County Court decision allowing the mortgage lender, Santander, a right of sale in respect of her home, despite the court also finding that the mortgage should be set aside on the grounds of undue influence. Banking more...
28 Nov 2018 14:11
No implied agreement/duties between bank and commercial borrowerThe High Court has resisted a commercial borrower’s attempt to imply an over-arching contractual agreement and equitable duties between it and its lender. Walker Morris’ Banking & Finance Litigation partners Rob Aberdein and Richard Sandford comment on the recent case of Standish v Royal Bank of more...
26 Nov 2018 11:59
Final means final (or does it?) Supreme Court confirmation in Dooneen v MondThe Supreme Court has handed down judgment in Scottish case Dooneen Ltd v Mond [footnote 1], giving important clarity for creditors, debtors, trustees and financial institutions as to the correct construction of the words “final distribution” in a voluntary trust deed. Walker Morris’ Banking and more...
23 Nov 2018 09:07
Disclosure: Important changes to procedure and practiceWhat is changing, and why? Whilst the full ‘cards on the table’ approach to disclosure in England and Wales may be an important aspect of the litigation process in England and Wales, it can often prove disproportionately expensive. The explosion in the volume of electronic data in recent years is more...
12 Oct 2018 11:24
Newsflash: Changes to Debt Arrangement Scheme in Scotland approvedIn August 2018 Rob Aberdein explained proposed changes to the Debt Arrangement Scheme (DAS) in Scotland. The legislation enacting those changes has now been approved by Parliament and the new regime will come into force on 29 October 2019. The legislation and guidance can be viewed here. An article more...
11 Oct 2018 09:51
Disclosure in civil litigation: All change please, all change!First published in The In-House Lawyer magazine autumn edition. From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ Head of Commercial Dispute more...
14 May 2018 11:15
Third Party Rights in FCA Supervisory Notices: room for more?Shail Patel of 4 New Square considers the decision of the Upper Tribunal in UK Innovative TI Limited v Financial Conduct Authority [2018] UT 0136 (TCC), confirming that third parties have no statutory rights in relation to supervisory notices issued by the FCA. However, with evident dissatisfaction more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
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