Articles by author
One size fits all? Default interest applicable to multiple events of default and the law of penalties
Recent caselaw has shown that a default rate clause in a finance agreement may be unenforceable as a penalty, particularly in cases where a single rate applies to multiple types of events of default. This article considers the recent caselaw and the approach adopted by the courts in assessing default rate clauses. It then considers the steps that can be taken by lenders to mitigate the risk that the default rate clause is struck down.
4 MAY 2026Knowing is half the battle: the economic torts and lender liability
Lenders’ decisions will often prejudice third parties that have dealt with their borrowers. The third parties might then seek redress from the lenders, in a claim under one or more of the economic torts of: (i) inducing a breach of contract; and (ii) unlawful means conspiracy. This article summarises the key requirements for liability under each of the torts, together with the potential risks that lenders should be aware of in relation to each tort. It then considers the potential steps that lenders can take to mitigate their risk.
22 NOV 2024Commercial litigation funding: a more secure approach
A series of recent decisions have focussed on the practice of commercial litigation funding. The High Court and Court of Appeal have made clear that commercial funders will be expected to show that they can satisfy adverse costs orders that may be made during the litigation, failing which they are likely to be required to provide security for costs.
1 DEC 2021Electronic deeds: signed, sealed … delivered?
Deeds are often used in commercial practice, particularly where a party wishes to enter into a unilateral commitment or parties wish to vary a contract. However, the requirement that a deed must be “delivered” is potentially confusing. It may cause particular difficulties in the context of deeds that are executed and evidenced electronically.
1 MAY 2023
