Monthly Highlights: October 2016

Monthly Highlights: October 2016

Welcome to this month’s highlights from the Lexis®PSL Banking & Finance team which cover the key news updates from October 2016.


ICMA issues updated corporate debt private placement market guide

An updated version of the European Corporate Debt Private Placement (ECPP) Market Guide has been published by a European ECPP Joint Committee coordinated by the International Capital Market Association (ICMA).

First published in 2015, the Guide has become an important contributing factor in the development of the market. The new edition of the Guide has been produced as a result of evolutions in the ECPP market, and now also covers aspects of the German Schuldscheindarlehen market as part of the wider ECPP landscape, and includes an appendix on general principles of, and best practice applicable to, ECPP deal amendments and waivers.

The updated guide can be accessed here.

Real estate finance

Analysis on the new contractual subordination-only LMA intercreditor agreement for real estate finance transactions

On 30 August 2016, the Loan Market Association (LMA) announced the launch of a new recommended form of contractual subordination-only intercreditor agreement for real estate finance transactions (REF Contractual ICA).

In News Analysis: The LMA REF intercreditor agreement for contractual subordination, Andrew Besser, partner and head of real estate finance (REF) at Olswang, reviews the background to the new REF Contractual ICA and outlines the circumstances in which it is to be used.

Case on duty of care when issuing certificates of title

Connaught Income Fund, Series 1 (in liquidation) v Hewetts Solicitors (a former firm) [2016] EWHC 2286 (Ch)

This case concerned a claim for damages for professional negligence in relation to a certificate of title (COT). The lender claimed it had relied on a COT produced by the defendant solicitors, who had been instructed by the first instance borrowers, in authorising drawdown on a loan for the purchase of a property by the eventual borrower. The

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About the author:

Neeta has been working as a paralegal in Banking and Insolvency for the past 4 and a half years.

She started her legal career at Allen & Overy in 2008 in the midst of the global financial crisis and the collapse of Lehmans where she gained most of her experience.

Neeta also did a short stint in litigation at the Revenue and Customs Prosecutions Office. Neeta graduated with a 2:1 honours degree from University of London, Queen Mary College and went on to obtain a distinction from the College of Law in the Legal Practice Course. She moved to Lexis®PSL in April 2013.