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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
Debt-recovery in leasing: bankruptcy or Part 7 proceedings?
In this insight we consider what is perhaps the biggest choice that funders face regarding debt-recovery: whether to issue Part 7 proceedings or present a bankruptc…
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Article
Top tips: intercreditor arrangements
When you are not the only lender to a company or group, it can be daunting trying to fairly balance the commercial needs of the other creditors and at the same time…
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Article
When is a secret, secret?
We provide an overview of the Wood v Commercial First Business Limited 2021 and Wilson & ANR v Hurstanger Ltd 2007 cases and consider the pitfalls associated wi…
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Article
The 'F' word (...fraud, of course!)
Fraud used to be a word that banks and other finance companies didn’t like to use. It wasn’t good to be perceived as being susceptible in any way to fraud. There wo…
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Article
Scope of the Braganza duty in the spotlight
The High Court recently provided reassurance to lenders by holding that a Braganza duty did not apply to a secured lender when exercising its discretion to demand f…
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Article
Back to basics: No waiver clauses
In this insight we consider how to correctly include a ‘no waiver’ clause in security documentation, and also consider examples of when these clauses have not had t…