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Problems of uncertainty with endeavours clauses

This article analyses that part of the judgment of Leggatt J in Astor Management AG v Atalaya Mining plc which deals with the enforcement of an “all reasonable endeavours” ...

04 September 2017 / Richard Hooley

Standby letters of credit, the “fraud” exception and commercial ...

Recent cases have highlighted perceived problems caused by the largely unfettered availability of calls on standby letters of credit or performance bonds in circumstances where the ...

30 June 2017

JIBFL: Restoring Aristotle’s equilibrium: indirect enrichment in ...

In two recent important cases on restitution, Commissioners for HM Revenue and Customs v Investment Trust Companies (In Liquidation) [2017] UKSC 29 (ITC) followed by Lowick Rose ...

08 June 2017

JIBFL: The competing interests between bank and borrower when a ...

Hodge Malek QC & James Potts examine a recent Court of Appeal decision on the ability of (in this case) the special liquidator of a bank to market the bank’s good loans for sale as ...

08 June 2017

NLJ: Political poison

Geoffrey Bindman QC reflects on the trial of Socrates & the power of politics to defeat human rights Politicians who disparage human rights sometimes give the impression they ...

08 June 2017

CL&JW: A Tale of Two Orders

Rupert Bowers QC and Daniel Godden writing on the recent case of NCA v. Simkus and Ghulam and Jardine The recent judgment of the High Court in The National Crime Agency v. ...

22 March 2016

NLJ: Pattern of life

Alexander Bastin on forfeiture—pitfalls & remedies Several issues can arise in forfeiture proceedings where a defendant fails to attend the first hearing and a possession order ...

22 March 2016

JIBFL: Client money claims against brokers in the Lehman aftermath

James Potts considers the client money issues raised by the peculiarities of brokerage business models and the need, despite the amended CASS rules, for an effective client money ...

21 May 2015

JIBFL: Enforcing arbitration awards against States

Liisa Lahti asks what is an award creditor looking for in an asset? This article sets out some of the key issues that an award creditor faces when seeking to enforce an ...

17 April 2015

CL&JW: The Bête Noire of the Legal Profession

Catherine Baksi delves into the debate on having a non-lawyer as Lord Chancellor. The bête noire of many in the legal profession, the Lord Chancellor and Secretary of State for ...

10 November 2014

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