In our July 2010 Edition, we reported on two cases, Berliner Verkehrsbetriebe Anstalt v JP Morgan and Depfa Bank plc v Provincia Di Pisa, in which Defendants to claims for the enforcement of swap agreements attempted to use Article 22.2 of the Brussels Regulation to by-pass an agreed jurisdiction clause.

The Commercial Court has decided in Barclays Bank Plc v Alfons Kufner [2008] EWHC 2319 (Comm) <em>that a wealthy businessman was not entitled to rely upon unfair contract terms legislation to prevent the bank from relying on certain clauses in its loan and guarantee documentation.

Asset protection is one, if not the, key concern of virtually all Ocorian's clients and is often the rationale for establishing a trust. But how do you protect wealth against volatility through offshore trusts?

In our September 2007 edition we reported on a series of County Court judgments which addressed the legitimacy and fairness of bank charges.

In a recent decision (In the matter of Kaupthing Singer & Friedlander Ltd (in administration) [2009] [EWHC 740 (Ch)), the High Court found that a creditor of a bank in administration was not entitled to set-off a payment, otherwise due to the bank under an instrument of deposit, against the amounts owed to it by the bank.

In Office of Fair Trading v Abbey National Plc & Others, 8 October 2008, the Court found that certain historic terms and conditions for personal current accounts were not capable of amounting to penalties.

In Elektrim S.A. v Vivendi Holdings 1 Corp: Law Debenture Trust Corporation Plc v Vivendi Holdings 1 Corp [2008] EWCA Civ 1178, the Court of Appeal considered the effect of a "no action" clause in a trust deed upon proceedings commenced by one of the bondholders in Florida.

In Socimer International Bank Limited (in liquidation) v Standard Bank London Limited [2008] EWCA Civ 116, the Court of Appeal gave useful guidance as to how to construe valuation clauses which are silent as to the mechanics by which such valuations are to be performed.

“In R” (on the application of SRM Global Master Fund LP and Others) v Treasury Commissioners [2009] EWHC 227 (Admin), “former shareholders of Northern Rock failed to persuade the Divisional Court on judicial review that the statutory compensation scheme established to value shares in the nationalised bank was incompatible with their human rights.”

The recent pandemic has required parties, counsel and arbitrators to adapt to the new reality of conducting proceedings virtually in light of travel restrictions and compulsory social distancing...

Mobile Virtual Network Operators, or MVNOs, are mobile operators who do not own a physical radio network infrastructure. They provide a service under their own brand using assets owned by another operator, and to the end-user the service appears indistinguishable from the "real thing".

The Supreme Court has today vindicated the position taken by the shipowners in a claim arising out of the seizure of the MV Longchamp by Somali pirates, Mitsui & Co Ltd v Beteiligungsgesselschaft LPG Tankerflotte MBH & Co KG.

In R (on the Application of Mercury Tax Group Limited and another) v HMRC [2008] EWHC 2721 (Admin) the Court held that the final form of a deed was invalid where the signature pages on an incomplete draft had been transferred to execute a later amended version.

In Lomas and Others v JFB Firth Rixson, Inc and Others [2010] EWHC 3372 (Ch), the High Court considered the meaning and effect of Section 2(a)(iii) of the ISDA Master Agreement (1992 and 2002 versions), which provides that the payment obligations of the parties are subject to the condition precedent that no event of default is continuing with respect to the other party.

A dispute arose between the parties to a facility arrangement, Burdale Financial Ltd (as Senior Creditor), Abbeycrest Plc (as Debtor) and Agilo Master Fund Ltd (as Junior Creditor).

At a time when trusts are coming increasingly under attack, it is quite common for the validity of a trust to be questioned on the basis that the instrument creating it is a sham document or fails to fulfil the requirements for the creation of a valid trust.

The long running case between British Sky Broadcasting ("Sky") and Electronic Data Systems, now HP Enterprise Services ("EDS") has now finally been decided in a decision that has taken 15 months alone for the judgement to be released.