English High Court confirms that Sharia non-compliance will not affect the enforceability of an English law agreement in an Islamic finance structure

The Financial List in the English High Court has considered the preliminary issue of the validity and enforceability of an agreement governed by English law, which formed part of a complex financial transaction partly governed by UAE law and the principles of Islamic Sharia: Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors[2017] EWHC 2928 … Read more

Court of Appeal clarifies interpretation of default interest provisions under commercial mortgage backed securitisation documentation

The recent decision of the Court of Appeal in Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc [2016] EWCA Civ 1293 will be of interest both to finance lawyers and banking litigators whose practices touch on issues relating to commercial mortgage backed securitisation (“CMBS”). The majority of the Court of Appeal dismissed an appeal brought by … Read more