News & Analysis as of

Loans Lenders United Kingdom

Cooley LLP

Court of Appeal Provides Comfort to Lenders on Default Interest Clauses

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In Houssein & Others v. London Credit Ltd & Another[1], the Court of Appeal considered the proper application of the common law rules on penalties to a default interest clause in a loan agreement. Contrary to the conclusion...more

Mayer Brown

Sub-participation or loan?

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The Court of Appeal recently handed down judgment in Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Limited [2024] EWCA Civ 639, on Kimura's appeal from the High Court's decision that a participation...more

White & Case LLP

Governing law of loan agreements – why does it matter?

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Borrowers and lenders alike may be forgiven for running out of steam when, having negotiated ever more complex commercial grids, term sheets and loan agreements, one reaches the final line item – the governing law of the loan...more

Cadwalader, Wickersham & Taft LLP

High Court Ruled That Lender Suffered No Loss Despite Negligent Valuation of Security

On 27 September 2023, the British High Court ruled that the claimant relying on the defendant’s report suffered no actionable loss, despite the defendant’s admission of negligence. ...more

Cadwalader, Wickersham & Taft LLP

The UK Introduces Repayment Concessions for Residential Mortgages

In June of this year, the UK’s Financial Conduct Authority (“FCA”) introduced rules to allow mortgage lenders to more easily vary contracts in order to allow borrowers to make reduced capital payments or switch to an...more

Cadwalader, Wickersham & Taft LLP

Building Safety Act 2022: What Lenders Need to Know

The enactment of the Building Safety Act 2022 (the “Act”) in the United Kingdom brings about significant changes to building safety regulations. While the Act primarily aims to enhance building safety standards, it also...more

A&O Shearman

A penalty for your thoughts: default interest rate found to be penal

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The High Court has found a clause that imposed default interest of 4% per month on a defaulting party to be a penalty and therefore unenforceable....more

McDermott Will & Emery

Recent Legal Developments in the Mobility Sector

The mobility and automotive industry continues to undergo dynamic change. As the market evolves, so does the legal framework for the industry. Dr. Sebastian Keding, Dr. Heiko Kermer, Max Küttner and David G. Schäfer provide...more

Hogan Lovells

Consumer finance regulatory news, April 2021 # 2

Hogan Lovells on

Consumer credit forms: FCA statement on post-Brexit changes - The UK Financial Conduct Authority (FCA) has published a statement and accompanying webpage relating to changes certain consumer credit firms will have to make to...more

Katten Muchin Rosenman LLP

2021 PRIVATE CREDIT SURVEY REPORT - Despite Private Credit’s Sunny Outlook, Questions Emerge About Lender/Investor Congeniality,...

In February, Katten conducted a survey of 112 private credit industry professionals that showed how a large percentage of private equity investors and lenders in the private credit industry expect deal flow to increase in...more

Hogan Lovells

Subscription line fraud and its impact on private equity

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Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as...more

King & Spalding

Lenders’ Duties when Enforcing Security

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Against the backdrop of the Covid-19 pandemic and global economic slowdown, we are being asked by borrower and lender clients alike whether lenders have a duty of care as regards enforcement. Two recent cases before the...more

Alston & Bird

Discontinuing GBR LIBOR: The Time to Act Is Now

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Our Finance Group explains why the transition from the London Interbank Offered Rate remains an essential task amid COVID-19 and urges loan market participants not to wait on devising a transition plan. ...more

A&O Shearman

Liquidity, MAC and Cessation of Business in English Law Loan Financings

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The COVID-19 pandemic and the responses adopted by governments around the world to mitigate its human cost will have a considerable impact on economic activity. We are seeing the forced closures of businesses and restrictions...more

Dechert LLP

COVID-19 as an MAE in English Law Loan Agreements

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Whilst the world reels from the impact of the COVID-19 coronavirus and rightly focuses on preserving lives, many businesses will nevertheless need at the same time to fight to stay afloat as the repercussions of the virus hit...more

White & Case LLP

NYDFS Requires LIBOR Transition Plans by Early February

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On December 23, 2019, the New York Department of Financial Services (NYDFS) issued an Industry Letter instructing each institution it regulates, including banks and licensed Fintechs, to make submissions describing the...more

White & Case LLP

LIBOR and the transition to SONIA: compounding the problem?

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In 2012, the Wheatley Review recommended reform rather than replacement of LIBOR, on the basis that a transition to a new benchmark would pose an unacceptably high risk of financial instability. Reform came in the form of a...more

White & Case LLP

Financial Regulatory Observer – June 2019: New UK peer-to-peer lending rules catch up with innovation

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Within a decade, the UK's peer-to-peer (P2P) financial services sector has moved from an offbeat outsider to an increasingly significant and permanent player in loan and equity markets. Total lending facilitated by UK P2P...more

White & Case LLP

The EU loan syndication impact assessment is out: more competition scrutiny ahead?

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Setting the scene The long anticipated European Commission (DG COMP) report on "EU loan syndication and its impact on competition in credit markets" (see here) has finally been published. The study primarily focuses on the...more

A&O Shearman

Refinancing loans and valuations

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Liability for a negligent valuation relied upon by a lender in refinancing a pre existing loan facility would not be limited to any new funds advanced but extend to the entire refinanced facility. Had there not been a...more

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