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28 February 2014
Issue: 7596 / Categories: Legal News , Banking , Commercial
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Banks squeeze out businesses

The banks’ imposition of business support measures on small to medium-sized business have gone awry, a banking lawyer has warned.
 

Writing in this week’s NLJ, barrister Aidan Briggs of Ely Place Chambers, highlights issues identified by two recent banking reports. For example, perverse incentives to push viable businesses into solvency may be at work due to increased margins and fees, while lenders engineer “distress” in businesses by restricting credit or revaluing assets and then accelerate the decline by imposing dramatic changes to lending terms.

Briggs offers advice to clients of banks on how to resist such treatment, for example, some contracts expressly provide that the bank exercise certain powers only in a “commercially reasonable manner”. Secured lenders also owe an equitable duty of good faith, and may not act in a way that unfairly prejudices the mortgagor, for example, by holding a “firesale” valuation.
 

Issue: 7596 / Categories: Legal News , Banking , Commercial
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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