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The Finance Brief - 1 October 2013

The Finance Brief - 1 October 2013

By , and | 01 Oct 2013

In this October edition of The Finance Brief we consider a number of cases which have been decided over the past few months and which each potentially have a impact on private banking matters.

Publication

When is default interest penal?

When is default interest penal?

01 Oct 2013

In our last edition we commented on the risk that default interest under a loan agreement may be unenforceable as being penal.

Publication

Jurisdiction clauses: can the lender have it both ways?

Jurisdiction clauses: can the lender have it both ways?

01 Oct 2013

The typical jurisdiction clause in a loan agreement contains an exclusive submission to the jurisdiction of the English courts.

Publication

A Chink in the Corporate Veil?

A Chink in the Corporate Veil?

By | 01 Oct 2013

The corporate veil is a fundamental principle of English law that a company has a distinct and separate legal identity from that of its owner (Saloman v A Saloman).

Publication

Trophy properties - some considerations for lenders

By , and | 01 Jul 2013

Whilst the process of buying a residential property in a "prime" UK location is much the same as buying any other residential property.

Publication

Announcement of LIBOR changes

01 Jul 2013

In previous editions of the Finance Brief we have reported on the findings of the Wheatley Reivew.

Publication

Farewell to the Mandatory Costs Schedule?

01 Jul 2013

The Loan Market Association informed the market in March that it would cease to publish its Mandatory Costs Schedule on 1 April.

Publication

BCOBS: Use of the right of set-off

01 Jul 2013

The information requirements set out in the Banking: Conduct of Business Sourcebook ("BCOBS") in relation to the exercise of the right of set-off were last updated in 2011.

Publication

Can a lender ever rely on a material adverse change event of default?

01 Jul 2013

The inclusion of material adverse change provisions is common in financial documents, including loan agreements.

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