This article considers arguments of waiver, estoppel and variation that borrowers may raise to resist debt enforcement action, and their interaction with so-called “no oral modification” provisions typically found in finance documentation. It also considers some practical implications of the principles in the banking and finance context.
6 MAR 2025This article considers aspects of the recent decision in The ECU Group Plc v HSBC Bank Plc and Ors,1 in particular concerning the difference between legitimate “trading ahead” and illegitimate “front running” in the context of FX spot trading, and issues of causation. The current regulatory framework around spot FX is also considered before some practical conclusions are drawn.
1 FEB 2022This article considers the effect of sanctions imposed by the UK following Russian’s invasion of Ukraine in February 2022 on litigation, commercial transactions and insolvency, via an overview of a series of decisions of the English High Court in these areas.
1 AUG 2023