Category: Case Reviews
African Export-Import Bank v Shebah (2017) – “That’s SO Unfair!!” Standard Terms and the Unfair Contract Terms Act
African Export-Import Bank & Others v Shebah Exploration & Production Company Ltd & Others [2017] EWCA Civ 845 Introduction The recent Court of Appeal case of African Export-Import Bank v Shebah dealt with a Rumsfeldian “known unknown” – the question of whether dealing on negotiated industry standard terms could be said to be dealing on […]
Videocon v Goldman Sachs (2016) – Final payment under the ISDA: pay now, the details are in the mail
Videocon Global Ltd & Another v Goldman Sachs International [2016] EWCA Civ 130 On 15 March 2016, the Court of Appeal dismissed the appeal of Videocon Global Ltd and Videocon Industries Limited (“Videocon”) against a summary judgment granted by the High Court in favour of Goldman Sachs International (“Goldman”). Videocon`s defence was that the termination […]
Wight v Millvalley (2016) – Faulty Confirmation fixed by the Court
LSREF III Wight Ltd v Millvalley Ltd [2016] EWHC 466 (Comm) Introduction On 8 March 2016, the High Court rendered judgment (see here) on a claim by LSREF III Wight Limited (“Wight”) against Millvalley Limited (“Millvalley”) resulting from the early termination of a swap. The entitlement to an Early Termination Amount stood or fell on […]
Crestsign v Natwest (2015) – Confidential settlement denies mis-selling clarification opportunity
Crestsign Ltd v National Westminster Bank Plc & Another [2015] EWCA Civ 986 On 24 September 2015, the transcript of a judgment of the Court of Appeal on the renewed application for permission to appeal in Crestsign Limited v NatWest & RBS was published (co-defendants, referred to together as the ‘bank’). By way of background, […]
Re Lehman Brothers International Europe (2012) – More Lessons from Lehman: Avoiding Bear Traps When Taking Security
Re Lehman Brothers International (Europe) (in administration) & Others [2012] EWHC 2997 (Ch) Introduction This blog summarises the High Court case on Lehman Brothers International Europe from November 2012. The judgment can be found here. For the DRS blog on the related Re Lehman Brothers International case in the Supreme Court (from that February, [2012] […]