Whilst the decision in the case of Meah-v-G E Money Home Finance Ltd [2013] EW CH 20 (Ch.) was unsuccessful and related to a mortgagee in possession, there are nevertheless lessons to be learnt. The case serves as a reminder to take care to adopt best practice when selling. Mortgage lenders in particular are always […]
Trustees be aware – Do not sell that repossessed property at an under value! Read More »
Construction lawyers are extremely familiar with contractual penalty clauses. Recently however contractual law and the issue of penalties in particular has again come under the judicial microscope in two reported cases:- Iman-Sadeque-v-Bluebay Asset Management (Services) Limited [2012] EWHC 3511 (QB) and Cavendish Square Holdings BV and another-v-El Makdessi [2012] EWHC 3582 (Comm) It is important
Red Card for a Penalty? Read More »
If you are thinking about bringing a claim against a UK lender you should make sure that you are up to speed with a couple of fairly substantial developments. The first of these is the pending appeal in the Green-v-Royal Bank of Scotland case which is due to be heard by the Court of Appeal in late
Thinking about bringing a claim for interest rate swap mis-selling? Read More »
We often get asked very similar questions by new clients with potential interest rate swop claims against lenders. In this article we try and tackle a few of the more common ones. What exactly is an interest rate swap or IRS? We have seen several definitions but essentially an interest rate swap (IRS) is a
What is an interest rate swap or IRS? Read More »
We often get asked by clients to explain the difference between a “Calderbank” offer and Part 36 offers.A Calderbank offer, named after the 1975 Court of Appeal case in which it featured, is a letter expressed to be an offer which is written ‘without prejudice save as to costs’. The effect of the letter is
When is a Calderbank offer not a Part 36 offer? Read More »
