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The doctrine of clogs on the equity of redemption: the unruly dog unleashed
In Shukla v St James Bank and Trust Co Ltd [2026] EWHC 851 the equitable doctrine of clogs against the equity of redemption resulted in a complete rewriting of a bargain struck between sophisticated commercial parties. The case illustrates: (i) the difficulties in applying the doctrine to modern financing arrangements; and (ii) why sustained criticism of the doctrine is well-founded.
26 JUL 2026Claims against ESG rating agencies: a hopeless task?
In this article, the author considers the possible claims an aggrieved party may have against an ESG rating provider in circumstances where that party considers that it has suffered a loss as a result of an inaccurate ESG rating decision.
1 NOV 2021
