Lehmans Fallout: The Pitfalls of suing European nationals in the English Courts The current economic climate has led to an increase in litigation between banks and private individuals. A number of institutions are now having to sue clients who have become unable to meet their repayment obligations and banks are also facing a rising tide […]
Category: Legal Update
Statements of the Blindingly Obvious – Construction & Implied Terms
Lord Hoffmann has spent his career clarifying difficult areas of the law. On the centrally important question of how to interpret or construe a document his judgment in Investors Compensation Scheme v West Bromwich Building Society is the key authority. He explained that the role of the court is to discover the meaning which the […]
Proprietary Estoppel
Proprietary Estoppel, Constructive Trusts & Informal Agreements In the recent (30 July) case of Yeoman’s Row Management Limited v Cobbe (2008) UKHL 55, the House of Lords decided that the Courts below had been so indignant about the unconscionable behaviour of the appellant that they had failed to pay adequate heed to the strict requirements […]