Restructuring & Insolvency

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  • New leading authority on the meaning of a "commercially reasonable" exercise of discretion Restricted access


    Submitted: 21 March 2014

    Court of Appeal confirms that bank exercised its discretion in a commercially reasonable manner in refusing to consent to early termination of guarantees.

  • Investing in Africa: the new deal in Côte d’Ivoire Restricted access


    Submitted: 14 March 2014

    This article discusses how Côte d’Ivoire is supported by several African and international economic cooperation institutions and offers various investment opportunities in different fields.

  • Court of Appeal ruling in Game Group rent litigation Restricted access


    Last Reviewed: 27 March 2014 / Submitted: 07 March 2014

    In an eagerly anticipated judgment, the Court of Appeal has ruled in favour of a consortium of landlords in relation to the Game Group litigation.

  • Know Your (Property) Rights Restricted access


    Submitted: 21 February 2014

    The High Court has ruled that a proprietary interest in an underlying asset is required for debt to rank as an expense of an administration.

  • What is the maximum debt which can be claimed for under multiple contribution notices Restricted access


    Submitted: 23 January 2014

    On 18 December 2013 the High Court handed down its decision in a case relating to the insolvency of Lehman Brothers companies in Re Storm Funding Ltd [2013] EWHC 4019 (Ch).

  • Limited recourse provisions: just how limited are they? Restricted access


    Submitted: 15 January 2014

    A summary of the decision of the High Court in Re ARM Asset Backed Securities S.A. [2013] EWHC 3351 (Ch) (09 October 2013).

  • The Financial Services (Banking Reform) Act 2013 Restricted access


    Submitted: 18 December 2013

    The Financial Services (Banking Reform) Act received Royal Assent today (Wednesday, 18 December 2013).

  • Single transaction guarantees – pushing the boundaries? Restricted access


    Submitted: 11 December 2013

    The announcement made by China International Marine Containers (Group) Co., Ltd. to the Hong Kong Stock Exchange on 05 November 2013 that two subsidiaries had received all amounts due to them from Schahin Holding SA and its related companies is likely to mark the end of a prolonged dispute between the Chinese shipping group and the Brazilian conglomerate but the English case to which it gave rise remains important for banks and lenders.

  • Swimming Against the Tide: Commercial Advantages and Common Law Duties Restricted access


    Submitted: 06 November 2013

    The decision of the High Court in Alpstream AG and Others v PK Airfinance Sarl and Another [2013] EWHC 2370 (Comm) (31 July 2013) is an important reminder to secured lenders of how their commercial interests can conflict with the duty they owe to their mortgagors when enforcing their security. We look at the practical implications of the case.

  • The duties of a facility agent in syndicated loans - a bullish view Restricted access


    Submitted: 24 October 2013

    The High Court decision in Torre Asset Funding Limited and Another v The Royal Bank of Scotland plc [2013] EWHC 2670 (Ch) (03 September 2013) is important for a number of different reasons but has received publicity primarily because of the light it sheds on the duties of a facility agent in a syndicated loan.

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