Claims and remedies

View Banking & Finance by content type:

Latest Banking & Finance News

Featured Banking & Finance content

Practice notes
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree...
Read More >
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...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The ICC has issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. For...
Read More >
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...
Read More >
9th Nov
Practice notes
A 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and underwriters' counsel in...
Read More >
Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 12th Jan
Practice notes
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
Read More >
9th Nov
Practice notes
In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London...
Read More >
9th Nov
Practice notes
Legal opinions are one of the key documentary conditions precedent in loan transactions. The legal opinion is a letter which sets out opinions as to...
Read More >
9th Nov
Practice notes
This Practice Note considers the main terms included in standard form shipbuilding contracts. In particular, it looks at:•standard forms of the...
Read More >
9th Nov
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
Read More >
9th Nov
Precedents
[insert date]To:[insert full name and address of lender]Dear [insert full name of lender]I am a director of [insert full name of borrower] (the...
Read More >
9th Nov
Practice notes
Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...
Read More >
Produced in partnership with Sullivan 12th Jan

Most recent Claims and remedies content

Practice notes
When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th Jan
Practice notes
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are...
Read More >
18th Jan
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
Read More >
18th Jan
Practice notes
What are contractual terms?The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another.A...
Read More >
18th Jan
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...
Read More >
18th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Read More >
18th Jan
Practice notes
There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...
Read More >
18th Jan
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...
Read More >
18th Jan
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
Read More >
18th Jan
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
Read More >
18th Jan
Practice notes
Contract interpretation—starting point—the contract itselfUnless alleging mistake, fraud or misrepresentation, parties are bound by the documents...
Read More >
18th Jan
Practice notes
Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is...
Read More >
18th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
18th Jan
Practice notes
This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of...
Read More >
18th Jan
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
Read More >
18th Jan
Practice notes
When advising on contractual construction you should consider:•the guiding principles used by the court when interpreting the meaning of contracts,...
Read More >
18th Jan
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
Read More >
18th Jan
Practice notes
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
Read More >
Produced in partnership with Charles Spragge of Druces 18th Jan
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...
Read More >
18th Jan
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
Read More >
18th Jan

Popular documents