Assignments by way of security can take different forms and it is important to understand how they are created and their effect. Security over choses...
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’...
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...
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...
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...
Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...
Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...
Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
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...
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...
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...
This Practice Note considers third party rights in relation to contracts under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), which...
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...
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