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Article
Protections strengthened for guarantors of SMEs
The Lending Standards Board has released an update of its Standards of Lending Practice for business customers designed to strengthen protections for guarantors of …
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Article
Back to basics: Further assurance and powers of attorney
In this insight we look at how lenders should use further assurance clauses and powers of attorney effectively.
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Article
What’s the difference between best endeavours and reasonable endeavours?
We often see the terms ‘reasonable endeavours’, ‘best endeavours’ and ‘all reasonable endeavours’ in contracts. Whilst the terms may sound similar, the legal distin…
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Article
One Savings Bank Plc v Catherine Waller-Edwards – undue influence in a “hybrid” case
The judgment in this case offers guidance on how the principles of undue influence are applied to “hybrid” cases, where part of the borrowings is for joint purposes…
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Article
A guide to lending and secured finance in the UK
Our expert team contributed a country-specific Q&A chapter to the 6th edition of ‘The Legal 500: Lending & Secured Finance Comparative Guide’ providing an o…
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Article
Back to basics: Witnessing well
If a deed is not properly witnessed its validity is open to challenge and it may be unenforceable. We provide an overview on best practice here.
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Article
Manifest error: how obvious must it be?
In this insight we outline the meaning and effect of ‘manifest error’ and discuss a case that highlights these issues in detail.
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Article
Can a member of an LLP charge their interest in that LLP?
When a shareholder charges shares it owns in a private company, the charged asset is easily identifiable and the legal process is relatively straightforward: an equ…
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Article
Buying a business: bridging the valuation gap
In this article we discuss what sellers can expect from buyers in today’s market, how they can achieve an acceptable meeting point on price, and how the price can b…
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Article
How has Brexit impacted bail-in clauses?
Contractual recognition of bail-in clauses in English law-governed contracts is now a requirement for finance parties to be aware of, following the end of the Brexi…