Lending Focus - March 2018

Dutch/UK insolvencies in a post-Brexit world

Partner Andrei Babiy and counsel Ilona van de Klundert on the implications of Brexit on Dutch cross-border insolvency matters.

Golden Belt: a cautionary tale on virtual completions?

Andrew Seager, Senior Associate, on a recent High Court decision where an arranger bank was held liable for failing to arrange proper execution of documents.

Construction alert: performance bonds in the spotlight

Katie Horbury, Associate, reporting on a surety's unsuccessful attempt to avoid paying under a modified performance bond.

Requirements of a company's articles of association and the limits of the Duomatic principle

Katherine Hudson reports on the Court of Appeal's refusal to 'bless' an inquorate board meeting, in circumstances where a sole director had sought to appoint administrators to the company.

Back to basics: valuations, negligence and the law of damages in the real estate space

Fezan Khan and Martin Yells, Partner, report on the Supreme Court's decision in the latest developments on Tiuta v Villiers and an unsuccessful outcome for lenders.

Malaysia: insolvency and restructuring under the Companies Act 2016

Philip Teoh provides an overview of the changes to insolvency and restructuring law under the Companies Act 2016.

Receivables financings, non-assignment clauses and breaches of warranty in the trade finance sector

Martin Yells, Partner, reports on a Court of Appeal decision where a lender unsuccessfully sought to claim for breach of a non-assignment warranty.