Eviction Essentials and Lease Management
Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more
Fund finance is and always has been by nature a cross border enterprise. While there are a number of lenders that we represent in the United States that lend to funds exclusively organized in the U.S.– typically in Delaware –...more
Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more
A guarantee is essentially a promise by a third party to ensure that an obligor meets its liabilities to another. There are two main types of guarantee that we meet in finance transactions: suretyship guarantees and demand...more
Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more
Although a secured creditor has an equitable duty to perfect its security, there is no “absolute” duty on a creditor to preserve or maintain the security for the benefit of a guarantor. A creditor may however be required to...more
A County Court decision has examined whether a deed which failed for invalid execution can survive as a simple agreement and whether, when that defect is apparent on the face of the deed, a party seeking to rely on that deed...more
A borrower and a guarantor had no realistic prospect of successfully arguing that their obligations to repay a loan had been discharged due to a secured creditor’s failure to take steps to protect its security interest under...more
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK regulation for alternative asset managers. The start of 2017 saw a number of regulatory developments including...more
Welcome to the latest edition of Overriding Interest. Inside this issue: - Brexit and the Real Estate Sector—Impacts - Forfeiture: The Right of Re-Entry - New Joiners, Events & Announcements - Cases ...more
The Copenhagen Reinsurance Company (CopRe) asked the UK High Court to make an Order sanctioning the intra-group transfer of the whole of its (re)insurance business to the Marlon Insurance Company (Marlon). Each of CopRe and...more