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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
Development of the Loan Market Association (LMA) documentationThe project to develop the LMA investment grade documents began in 1998 as a response to...
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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
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
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
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
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
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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
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
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9th Nov
Practice notes
Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...
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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
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
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
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...
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9th Nov
Practice notes
Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains information on subjects potentially impacted by the government and regulators' responses to the...
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9th Nov

Most recent Claims and remedies content

Practice notes
A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...
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19th Feb
Practice notes
This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been...
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18th Feb
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...
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17th Feb
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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15th Feb
Q&As
What is a 'fundamental breach'?Following the decision in Photo Production Ltd v Securicor Transport Ltd, it has now been settled that a fundamental...
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15th Feb
Q&As
Can I terminate a fixed term commercial contract early?We have a contract with another organisation, which is for a fixed term. However, we would like...
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15th Feb
Q&As
In order to determine whether an event has occurred, which enables a party to rescind a contract, it is necessary to consider whether the activity...
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15th Feb
Q&As
To what extent can the terms best endeavours and reasonable endeavours be enforced?In general contractual obligations can be absolute or qualified....
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15th Feb
Q&As
In answering this Q&A, we have assumed that the contract in question is a business to business (B2B) contract.From a practical perspective, much will...
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15th Feb
Q&As
In answering this Q&A, we have taken into consideration what steps a party needs to take to terminate a written contract that does not contain any...
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15th Feb
Q&As
There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to...
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Produced in partnership with James Hall of Hardwicke Chambers 15th Feb
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...
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11th Feb
Q&As
Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
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11th Feb
Q&As
There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie...
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Produced in partnership with Richard Nicholas of Browne Jacobson 11th Feb
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
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11th Feb
Q&As
While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
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Produced in partnership with Richard Colbey of Lamb Chambers 11th Feb
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...
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1st Feb
Practice notes
This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides...
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28th Jan
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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28th Jan
Practice notes
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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28th Jan

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