Lending Focus - March 2019

Excessive demands under a guarantee – are they still valid?

Katie Horbury from the London office reviews a case on making demand under a guarantee.

Interpreting contracts: consent "not to be unreasonably withheld or delayed"

In the real estate space, Jon Hewett, London office, reports on a borrower's successful challenge of a lender's refusal to consent to a disposal.

New mortgage limits in the Czech Republic

From the Prague office, Barbora Skolková and Ivana Meňhartová comment on the buoyancy of the Czech Republic's residential property market and enhanced regulatory guidelines applying to mortgage lenders.

German regulations for insolvency proceedings of group companies (

Konzerninsolvenzrecht

)

Dr. Alexander Senninger from the Hamburg office discusses the recent German regulations regarding the handling of "group" insolvency proceedings.

"On demand" loan: exactly what it says on the tin

Arnav Gupta from the London office examines a High Court decision where a borrower unsuccessfully argued that a lender calling in an "on demand" loan was subject to "Braganza" duties.

Clarification: principle of good faith between creditors in UK insolvencies

Olivia Perry from the London office comments on the decision in Gertner v CFL Finance Ltd and another.

Procuring a breach of contract: key principles revisited

Cheng Bray reports on the Court of Appeal decision of Wolff v Trinity Logistics