Articles by author
Succumbing to wrongful payment demands: what can borrowers do?
This article examines a recurring issue in finance disputes: the demand for payment or service of an acceleration notice in circumstances where the borrower contends that the relevant contractual precondition has not been satisfied. An invalid acceleration notice is generally characterised as a nullity rather than a breach of contract. Where a borrower pays for commercial reasons even though it believes that the sum is not due, restitution is generally unavailable because the borrower cannot show that it paid under a mistake.
12 APR 2026The final word on lawful act duress? Times Travel v Pakistan International Airlines and its impact on the banking sector
This article, written by the counsel team who succeeded before the Supreme Court, discusses the recent key decision of the Supreme Court in Times Travel (UK) Ltd v Pakistan International Airlines Corporation concerning the law of economic duress and the impact on the banking sector. The specific issue raised was whether lawful act duress exists, and if so, in what circumstances. The Supreme Court held that the doctrine does exist, but only in very narrow circumstances.
1 NOV 2021
