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The Commercial Court's decision in Shukla v St James Bank clarifies that non-recourse lending structures cannot eliminate a borrower's equity of redemption under English law. When a lender refused to cooperate with loan repayment and attempted to retain collateral based on technical defaults, the court struck down contractual provisions that sought to forfeit redemption rights and awarded substantial damages for breach of contract.

This is the second in a series of three blogs which covers the topic of third party risk.