The recent decision of the Court of Appeal in Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262 provides welcome clarity for issuers on the scope of their potential liability under the Misrepresentation Act 1967 (the “1967 Act”) and the use of disclaimers to restrict that scope. The Court of Appeal … Read more
Harry Edwards, Hannah Bain and Ceri Morgan tell us about a recent decision (heard in the Financial List) relating to the interpretation of commercial mortgage backed securitisation ("CMBS") documentation, which will be of interest to finance lawyers and banking litigators alike. Read more
LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation decision relating to contingent convertible (or better known as “CoCo“) capital notes, the Court of Appeal has overturned the decision of the High Court and held that a series of such notes (referred … Read more
