Commercial Contracts – should there be a duty to act in good faith?

Ruhi Sethi-Smith writes on the question of whether there is or should be a duty to act in good faith in commercial contracts, an editorial piece for the Commercial Litigation Association's Newsletter.

April 2017

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Holmcroft Properties

It is a virtue of English contract law that in litigation it produces outcomes in line with commercial expectations. For this reason, Lloyd Maynard considers dissatisfied customers within the FCA Redress Scheme are unlikely to have a claim for breach of contract. Find out why, as Lloyd addresses Mitting J’s hypothetical question raised in the recent Holmcroft Properties judicial review hearing.
This article has been published in the June 2016 edition of the Journal of International Banking and Finance Law ((2016) 6 JIBFL 356). An earlier version of the article can be found 

June 2016

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"The Law & Practice of True Sales” reviewed by Darragh Connell

Darragh Connell’s review of “The Law & Practice of True Sales” (1st Ed.) has been published in the April 2016 edition of the Journal of International Banking and Financial Law ((2016) 4 JIBFL 241). The book is written by Nicholas Grandage and Daniel Franks, partners at Norton Rose Fulbright LLP. It considers the relevant English law regarding the recharacterisation of a sales transaction as something other than an outright transfer such as the creation of a mere security interest.

A copy of Darragh’s review is available 
here. The book itself can be bought here via Lexis Nexis

April 2016

Swaps after Holmcroft and CGL

We discuss the impact of two recent High Court decisions that dealt a blow to claimants wanting to allege that the FCA's interest rate swap Redress Scheme produced the wrong result. 

We also look at what options companies may still have to complain about the outcome of the Redress Scheme.

March 2016

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The Financial List

A new specialist list in the Commercial Court and Chancery Division has been set up to deal with complex and high-value financial disputes. A pilot scheme for determining hypothetical issues in financial disputes has also been established. 

Read more about the operation of the list and the pilot scheme here.

October 2015

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