This Practice Note explains the court’s ability to make a Bankers Trust order and the nature of such an order. It examines the origins of this equitable jurisdiction; and describes the requirements to be shown for the court to make such an order. The guidance will also address the impact a Bankers Trust order may have for claimants seeking to recover property, and suggest ways in which an applicant should prepare its evidence to maximise the chances of success in obtaining such an order. What is a Bankers Trust order? An unusual feature of a ‘Bankers Trust order’ was explained by the Supreme Court in Wolverhampton City Council v London Gypsies and Travellers as: ‘…[an] injunction which can be issued against a defendant in the absence of a cause of action.’ The same point was made by the Supreme Court two years later in Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust. The judgment in this case referred to Bankers Trust orders to illustrate that orders can ‘bind individuals and organisations who are not themselves

Banking & Finance analysis: This News Analysis looks at the Lexis+® UK Banking & Finance team’s top ten cases for 2024. It should be noted that it is not an exhaustive list.

Banking & Finance Brexit Q&As In the context of Brexit, what is meant by the ‘transition or implementation period’? Will a MAC clause in my facility agreement be triggered by Brexit? Brexit: Can UK businesses now ignore the

This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the LMA being busy on the documentation front with new forms of agreement, drafting guides and updated facility agreements; a new trade body, UK Finance, being set up; ECB guidance on leveraged transactions being published; the new Insolvency Rules being published and the Recast Regulation becoming effective. In 2018, there are several cases that will be going to appeal, the proposed Business Contract Terms (Assignment of Receivables) Regulations 2017 are likely to make a reappearance in an amended form and the Goods Mortgages Bill is likely to be enacted. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 LMA Developments What happened? The Loan Market Association (LMA) has had a busy year on the documentation front. Key developments include: • amending the investment grade facility

Last updated on 1 August 2026 The Banking & Finance case tracker tool displays the status of cases (including appeals) which the Banking & Finance team has reported on since January 2013. Lending For more information on key cases relevant to construction of finance documents, see Practice Note: Construction of finance documents—key cases. Names of parties Judgment date Subject Relevant content Court of Appeal Houssein v London Credit Ltd [2026] EWCA Civ 830High Court: Houssein v London Credit Ltd [2025] EWHC 2749 (Ch) Court of Appeal: 1 July 2026High Court: 23 October 2025 Lending—event of default—default interest rate—unenforceable penalty • Court of Appeal: Borrower remains liable to pay interest unless a valid tender of repayment is made and refused (Houssein v London Credit Ltd) • Banking & Finance—July 2026 case round-up—Houssein and others v London Credit Ltd and others • High Court: Default interest provisions and legitimate interests (Houssein v London Credit Ltd) • Banking & Finance—October 2025 case round-up—Houssein and others v London Credit Ltd and others BLCP

The collections are comprehensive, interactive resources to help users identify and work through the concepts and common issues in certain topics. Each section of the collection includes practical guidance relevant to that section. We have the following collections in banking & finance: • The Loan transaction collection is a guide to loan transactions. It provides an overview of each phase of a loan transaction and the tasks that lawyers are required to complete as part of each phase. The collection includes links to checklists, precedents (with drafting notes), forms, Practice Notes and an explanation of the key drafting and negotiating points to consider in loan transactions • The Loan Market Association (LMA) collection is an interactive guide to the LMA, which acts as the authoritative voice of the syndicated loan market in Europe, the Middle East and Africa (EMEA). It works with lenders, law firms, borrowers and regulators to educate the market about the benefits of the syndicated loan product, and to remove barriers to entry for new participants. The collection includes links to Practice Notes,

Lending Drafting and reviewing finance documents Task Guidance Precedents/Checklists/Forms Drafting and reviewing term sheets, confidentiality arrangements and mandate letters • Term sheets in lending transactions • How to draft and negotiate a LMA investment grade term sheet • Drafting and negotiating confidentiality arrangements in loan transactions • How to draft and negotiate mandate letters in loan transactions • Term sheet (for a term loan facility): single company borrower—bilateral—with or without security or a guarantee • Investment grade term sheet (for a term loan facility): single company borrower—syndicated—with or without guarantees • Confidentiality agreement—one-way—pro-recipient • Confidentiality agreement—one-way—pro-discloser • Confidentiality agreement—mutual Drafting and reviewing a facility agreement • The facility agreement—overview • Structure of a facility agreement • Negotiation guide—facility agreement • How to draft and negotiate a facility agreement • Loan Market Association investment grade facilities agreement—commentary • Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee • Short-form facility agreement (term loan): single company borrower—bilateral—unsecured • Short-form facility agreement (term loan): single company borrower—bilateral (lender as an individual)—unsecured • Facility letter (term loan): single company borrower—bilateral—unsecured

A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The leading Islamic international autonomous not-for-profit corporate body that prepares accounting, auditing, governance, ethics and Shari’ah standards for Islamic Financial Institutions (IFIs) and the global Islamic finance industry. Established in Bahrain in 1991, it is supported by a number of institutional members from over 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing firms, and legal firms. Its standards are currently followed by the leading Islamic financial institutions across the world and have introduced a progressive degree of harmonisation of international Islamic finance practices. It also offers professional qualification programs (notably Certified Islamic Professional Accountant (CIPA), the Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance program) in efforts to enhance the industry’s human resources base and governance structures. For more details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration refers to the taking of a formal step by the agent on the instructions

Banking & Finance Brexit News Banking & Finance has published news on a range of issues concerning the implications of Brexit, as set out in the table below. Date News / News Analysis Brief description of News / News Analysis 27 July 2021 UK accession to Lugano Convention—is the door now closed? The Federal Department of Foreign Affairs of Switzerland has received a letter from the European Commission in June 2021 confirming its decision to withhold its consent to the UK’s application to accede to the Lugano Convention 2007. Angharad Parry, barrister at Twenty Essex, discusses the impact of the latest developments. 27 July 2021 A look at UK’s divergence priorities after Brexit The UK’s post-Brexit policy has been to focus divergence from the EU on those sectors where the UK has a competitive advantage. This is particularly so in the financial services sector, where the government, the Financial Conduct Authority (FCA) and the Bank of England (BoE) have focused on fostering technology and innovation. This article by Ian Hargreaves, partner, Thomas Reilly, senior advisor and Alan Kenny, associate

This Precedent includes standard form third party rights clauses for use in finance documents. It includes three forms of third party rights clauses, as follows: • Clause 1—This clause can be used in facility agreements to draft a third party rights clause which excludes third party rights, with the option of excluding third party rights except where expressly provided for in the facility agreement • Clause 2—This clause can be used in security documents to draft a third party rights clause which excludes third party rights, with the option of excluding third party rights except where expressly provided for in the security document. Receivers and their delegates and sub-delegates are carved out of the exclusion, and • Clause 3—This clause can be used in guarantee documents that are to be executed as a deed to draft a third party rights clause which excludes third party rights,

Banking & Finance analysis: What have been the key cases in the world of banking & finance over the past year?

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in LexisPSL Banking & Finance for April 2023.