Chris Webber and Michael Davar weigh up the impact of the Rome Convention in financial derivatives claims ‘The English Court of Appeal has restored the vital certainty engendered by derivatives having a clear, single choice of law and not potentially being subject to “mandatory” rules of other jurisdictions that have not been anticipated and addressed …
Continue reading "Choice Of Law: A fair exchange"
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Wills & Trusts Law Reports | April 2013 #128The claimant (Mr Gabriel) and the first defendant (Mr Little) were businessmen and erstwhile friends who had previously collaborated in respect to a project known as Southgate street development in Gloucester. The third defendant (High Tech), the entire share capital of which was owned by Mr Little, was the building contractor. The fourth defendant (BPE), a firm of solicitors engaged by Mr Gabriel, drafted a facility letter recording the terms upon which Mr Gabriel was prepared to make a contribution by way of loan to the cost of the development. In the event, Mr Gabriel was unable to ob...
Sam Coulthard and Bryony Pawsey investigate whether lawyers’ opinions on legal capacity continue to have any value following a recent Court of Appeal decision ‘In entering into void transactions, the Bank had received no rights at all under the swaps and had thus lost the full amount advanced.’Prudent contracting parties often seek advice from lawyers …
Continue reading "Contract: Never trust a lawyer"
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