Blog

The importance of accurately describing the role of a Receiver in a Deed of Appointment
  • Posted by: Jim Stafford
  • Category: Business

I set out below a link to a recent High Court judgment that has possibly identified a critical flaw in some Receivership appointments. When a bank/fund appoints a Receiver, it does so by a Deed of Appointment. The Deed needs to be precise and in accordance with the Charge documentation. In the case below, the borrower argued that…

Read more
Does a “Full & Final”​ settlement by a bank with one borrower preclude it from suing other joint borrowers?
  • Posted by: Jim Stafford
  • Category: Business, Uncategorized

There was a time when some solicitors advising banks on negotiating settlements were very nervous about the implications of the Civil Liability Act 1961. However, as a recent High Court case has indicated, provided the Settlement Agreement is properly crafted, there should be no such concerns. In Bank of Ireland – v- Doyle a borrower…

Read more
Tracker Mortgage Redress and Income Tax for Buy to Let Landlords
  • Posted by: Tom Murray
  • Category: Uncategorized

Its that time of the year when Accountants are focusing on the task of preparing and submitting Income Tax returns for clients. A new issue that needs to be considered for tax adviser’s this year is what are the implications for landlords with buy-to-let mortgages who have received mortgage redress payments from banks? Yesterday the…

Read more
Shareholder Disputes
  • Posted by: Jim Stafford
  • Category: Business

There are two broad ways in which such a shareholder dispute may be handled: the consensual way and the non-consensual way. In theory, shareholder disputes should be the one type of dispute that should be amenable to Mediation, as usually the parties already know each other. We are pleased to say that, in practice, mediation…

Read more
Why a banker’s verbal agreement is not worth the paper it is written on
  • Posted by: Jim Stafford
  • Category: Business

I recall some years ago a senor banker said to me, very smugly, that “Our previous verbal agreements with your client are not worth the paper they are written on.” Was the banker legally right in his statement? Yes, he was. The parol evidence rule prevents the introduction of evidence of prior or contemporaneous negotiations…

Read more
This website uses cookies and asks your personal data to enhance your browsing experience. We are committed to protecting your privacy and ensuring your data is handled in compliance with the General Data Protection Regulation (GDPR).