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Practice notes
This Practice Note considers the main terms included in standard form shipbuilding contracts. In particular, it looks at:•standard forms of the...
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9th Nov
Practice notes
Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders and borrowers to need to...
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9th Nov
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
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9th Nov
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
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9th Nov
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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9th Nov
Practice notes
This Practice Note considers the costs that a lender operating in the interbank market will incur when providing funding to a borrower and the steps...
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9th Nov
Practice notes
The key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the charged assets in the normal course of...
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9th Nov
Practice notes
What is a 'capital call facility'?A capital call facility is a form of finance provided by a lender to a fund and typically secured against investors’...
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Produced in partnership with Peter Olds of Cleary, Gottlieb, Steen & Hamilton 12th Jan
Practice notes
This Practice Note explains the features of three common types of loan facility:•overdrafts•term loans, and•revolving credit facilities (RCFs)It also...
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9th Nov
Practice notes
What is a direct agreement?Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the...
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9th Nov
Practice notes
The vast majority of derivative transactions are documented by standard documentation developed and published by the International Swaps and...
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9th Nov
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
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9th Nov
Precedents
This Deed is made on [insert day and month] 20[insert year]Parties1[Insert name of Chargor], a company incorporated in England and Wales with...
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9th Nov
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
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9th Nov
Practice notes
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged...
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Produced in partnership with Carlo de Vito Piscicelli of Cleary Gottlieb Steen & Hamilton 12th Jan
Practice notes
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge...
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9th Nov

Most recent Claims and remedies content

Practice notes
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
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12th May
Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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11th May
Q&As
We refer you to the following Practice Notes set out below, found in the LexisPSL® Commercial module subtopic Contract termination—overview, which may...
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10th May
Q&As
In answering this Q&A, we have assumed that the contract in question is a business to business (B2B) contract.It is crucial that exclusivity...
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10th May
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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7th May
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Brazil; China; Greece; South Africa; South Korea; Switzerland;...
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29th Apr
Practice notes
This Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to borrowers and...
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28th Apr
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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27th Apr
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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27th Apr
Practice notes
This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 26th Apr
Practice notes
The number of claims against banks continues apace. This Practice Note focuses on specific issues arising in respect of the tortious duty of care owed...
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26th Apr
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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26th Apr
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
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23rd Apr
Practice notes
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...
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20th Apr
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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20th Apr
Practice notes
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at...
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20th Apr
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 15th Apr
Practice notes
This Practice Note considers the meaning of representations and warranties under general contract law. It looks at their purpose in the context of...
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14th Apr
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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13th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
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12th Apr

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