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Common assumption of valid assignment creates effective transfer of title of receivable
The Commercial Court held that a lender was the valid assignee of receivables used as security for a loan even though the purported assignor did not have title to the receivables. The lender's right was limited to a claim for the receivables referred to in the assignment agreement but do not extend to additional monies that became due under the agreement under which the receivables arose. The receivables arose under a consultancy agreement between A and B. C, a company relate
William Kanaan
5 days ago
Higher default interest enforceable and not a penalty
The High Court has found that a contractual term allowing the lender to charge default interest was enforceable and not a penalty. The test for the court to consider in penalty cases is whether charging a default rate protects a legitimate interest and, if such an interest exists, whether the sum payable is nevertheless extravagant, exorbitant or unconscionable. In this case, a facility letter stated that any event of default, not only non-payment, switched the interest rat
William Kanaan
Nov 17, 2025
Jurisdiction clause binds third party when enforcing third-party rights
The High Court has held that a claim made pursuant to the Contracts (Rights of Third Parties) Act 1999 (CRTPA) under a sale and purchase...
William Kanaan
Oct 7, 2025
Offence of 'failure to prevent fraud' introduced
The Economic Crime and Corporate Transparency Act 2023 (ECCTA), which introduces a new corporate criminal offence of ‘failure to prevent...
William Kanaan
Sep 2, 2025
‘Shareholder rule’ no longer applicable in England and Wales
The Judicial Committee of the Privy Council held that the “shareholder rule”, whereby a company could not, in the course of litigation...
William Kanaan
Aug 28, 2025
Extension of recoverable losses in negligence
The Supreme Court handed down a significant decision in the context of negligence. C, a property developer, engaged D as a structural...
William Kanaan
Jun 11, 2025
Companies House guidance on protecting personal information for register of overseas entities
Companies House has published guidance on how to protect personal information on the register of overseas entities from the public....
William Kanaan
Mar 4, 2025
Foreign Corrupt Practices Act 1977 suspended
On Monday 10th February 2024, President Donald Trump signed an executive order pausing the United States Department of Justice from...
William Kanaan
Feb 11, 2025
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