Lending Focus - June 2019

A chink in the armour: the Arkin-cap defeated

Lerika Joubert and Kate Bowden comment on a recent and significant decision for the litigation funding sector.

International banking, trade finance and tracing payment flows: will trusts assist?

Cheng Bray reports on a Court of Appeal decision that puts the lid on the notion that correspondent banks are trustees of transfer monies.

CRR2 and CRD V: impacts for 'financial holding companies' and the 'intermediate parent undertaking'

Till Christopher Otto discusses the regulatory developments affecting cross-border groups.

Consumer Credit Act – some relief for lenders from unfair relationships

Andrew Seager reports on a borrower's unsuccessful defence regarding a residential property loan.

An old chestnut revisited: directors' duties

From the Liverpool office, Hannah Lafferty reports on a recent Court of Appeal decision concerning directors of a distressed company and duties to creditors.

Centre of main interests: living in London is not enough

Leopold Bauer discusses a recent judgment relating to an individual's centre of main interests.

FCA proposes removing Head of Legal from requirement to be a Senior Manager

On the regulatory front, Colin Godfrey and Charlotte Hill bring welcome news for in-house counsel.

Jurisdiction over derivatives disputes in financings: ISDA documents trump loan agreement

Anna Dugoni comments on a Court of Appeal decision concerning a borrower's unsuccessful jurisdictional challenge.