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England and Wales Case Law

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Commercial law [2022] EWHC 659 (Comm)

Integral Petroleum SA & Ors v Dun & Ors

Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)

The Commercial Court refused summary judgment on a bank’s counterclaim, finding a real prospect of trial issues over an alleged oral extension of loan payment terms.

  • Summary judgment
  • Facility agreement
  • Debt restructuring
  • Guarantees
  • Set-off
  • Prevention principle
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Contract law [2019] EWHC 1952 (Comm)

Athena Capital Fund Sicav - Fis SCA v Crownmark Ltd

Athena Capital Fund Sicav - Fis SCA v Crownmark Ltd [2019] EWHC 1952 (Comm) (24 July 2019)

The High Court refused summary judgment on an interest instalment claim, granted conditional leave to defend subject to payment into court, and refused asset disclosure.

  • Summary judgment
  • Conditional orders
  • Asset disclosure
  • Strike out
  • Facility agreement
  • Debt assignment
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Contract law

Barclays Bank Plc v Svizera Holdings BV & Anor

The Commercial Court rejected claims that Barclays promised an INR/USD swap, holding there was no misrepresentation, collateral contract, or advisory duty.

  • Facility agreement
  • Currency swap
  • Collateral contract
  • Fiduciary duty
  • Advisory duty
  • Contractual estoppel
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Contract law [2014] EWHC 1020 (Comm)

Barclays Bank Plc v Svizera Holdings BV & Anor

Barclays Bank Plc v Svizera Holdings BV & Anor [2014] EWHC 1020 (Comm) (08 April 2014)

The Commercial Court held Barclays had made no misrepresentation about an INR/USD swap, owed no advisory or fiduciary duty, and could recover the loan balance and fees.

  • Misrepresentation
  • Collateral contract
  • Advisory duty
  • Fiduciary duty
  • Contractual estoppel
  • Guarantee
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Banking law [2013] EWHC 482 (Comm)

Deutsche Bank (Suisse) SA v Khan & Ors

Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 482 (Comm) (13 March 2013)

Commercial Court decision on a property-backed lending dispute. The bank succeeded on debt and possession, and the defendants’ misrepresentation and counterclaims failed.

  • Facility agreement
  • Misrepresentation
  • Guarantee
  • Default interest
  • Unfair contract terms
  • Breach of confidence
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Contract

FBME Bank Ltd v Elwes & Anor

The High Court held that Mr Aspin was liable under his guarantee for the first ÂŁ10,000 instalment, due 12 months after demand, and rejected his other defences.

  • Enforcement of guarantee
  • Facility agreement
  • Breach of contract
  • Repudiation
  • Counterclaim
  • Guarantee-enforcement
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.