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Guarantee – Misrepresentation. A bank sought to enforce two limited guarantees signed by the defendant, as security for facilities provided by the bank to a property development company owned by the defendant and his son. The defendant contended that he was entitled to rescind the guarantees on the grounds of misrepresentation and economic duress. The Chancery Division, in granting the bank's claim, and in dismissing the counterclaim, held that, whilst, in principle, a statement by a bank or other financial institution that it wanted to increase its exposure in a particular business sector might, if untrue, be capable of providing the basis for a claim in misrepresentation, the defendant had, on the facts, failed to establish that defence or economic duress.
Guarantee – Misrepresentation. A bank sought to enforce two limited guarantees signed by the defendant, as security for facilities provided by the bank to a property development company owned by the defendant and his son. The defendant contended that he was entitled to rescind the guarantees on the grounds of misrepresentation and economic duress. The Chancery Division, in granting the bank's claim, and in dismissing the counterclaim, held that, whilst, in principle, a statement by a bank or other financial institution that it wanted to increase its exposure in a particular business sector might, if untrue, be capable of providing the basis for a claim in misrepresentation, the defendant had, on the facts, failed to establish that defence or economic duress.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
Equip yourself for your new career at the Bar
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Juno Women’s Aid in Nottingham as part of its Giving Back campaign
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation
To mark the fifth anniversary of the Bar Standards Board’s Race Equality Taskforce, Dee Sekar reflects on key milestones, the role of regulation in race equality, and calls for views on the upcoming equality rules consultation
Daniel Barnett serves up a host of summer shows
Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
