Articles by author
Calling a spade a spade: substance over form in covenants restraining further borrowing
This article explores whether negative covenants restraining borrowers from assuming further borrowing at certain interest rates might be evaded and the importance of treating interest as a matter of substance not form.
27 FEB 2026Everything settled? Risks for buyers trading on the secondary debt market
Trades on the secondary debt market typically go wrong because the lender is unable to settle the trade satisfactorily. In this article Matthew Watson considers the circumstances in which a selling lender may be unable to settle a trade and the position of the buyer in that event.
28 JUN 2024Commercial choices: are Braganza duties a path to payment under commission agreements?
This article explores whether those engaged to raise finance can use Braganza duties to obtain remuneration, even where finance raising transactions do not occur. In light of the decision in Horlick v Cavaco [2022] EWHC 2935 (KB), there are significant obstacles to such claims.
1 JUN 2023
