- The importance of contractual certainty in security documents (Re Arboretum Devon)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Construction of SSSHL’s security
- Construction of the intercreditor deed
- Contractual estoppel
- Case details
Banking & Finance analysis: In Re Arboretum Devon, the court examined the meaning of ‘validity’ in a provision in an intercreditor agreement under which the creditors agreed not to challenge the validity or enforceability of one another’s security. Written by Diane Roberts, partner, and Karan Khushal, trainee, at Reed Smith LLP.
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