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What’s the difference between best endeavours and reasonable endeavours?
Article
We often see the terms ‘reasonable endeavours’, ‘best endeavours’ and ‘all reasonable endeavours’ in contracts. Whilst the term…
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Debt-recovery in leasing: bankruptcy or Part 7 proceedings?
Article
In this insight we consider what is perhaps the biggest choice that funders face regarding debt-recovery: whether to issue Part…
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Top tips: intercreditor arrangements
Article
When you are not the only lender to a company or group, it can be daunting trying to fairly balance the commercial needs of the…
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When is a secret, secret?
Article
We provide an overview of the Wood v Commercial First Business Limited 2021 and Wilson & ANR v Hurstanger Ltd 2007 cases and co…
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The 'F' word (...fraud, of course!)
Article
Fraud used to be a word that banks and other finance companies didn’t like to use. It wasn’t good to be perceived as being susc…
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Scope of the Braganza duty in the spotlight
Article
The High Court recently provided reassurance to lenders by holding that a Braganza duty did not apply to a secured lender when …
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Back to basics: No waiver clauses
Article
In this insight we consider how to correctly include a ‘no waiver’ clause in security documentation, and also consider examples…
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