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24 January 2008 / Paul Nicholls
Issue: 7305 / Categories: Features , Company , Banking , Commercial
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My word is my bond

Bear Stearns represents a costly lesson in contractual principles, says Paul Nicholls

In Bear Stearns Bank plc v Forum Global Equity Ltd [2007] EWHC 1576 (Comm), [2007] All ER (D) 103 (Jul), Mr Justice Andrew Smith gave a judgment which reaffirmed the basic legal and City principle that “my word is my bond”. The judge also demonstrated the extent to which the law seeks to uphold commercial transactions and is wary of technical attempts by parties to avoid their contracts.

 

The case concerned loan notes in respect of the distressed debt of an entity in the Parmalat group (the Italian group of companies that collapsed in 2003). Forum Global acquired the notes and applied to be admitted to the list of Parmalat creditors in the administration. The value of the notes lay in the dividend to be paid on the claims in the insolvency.

 

NEGOTIATIONS

Forum Global commenced negotiations with Bear Stearns for the sale of the notes. There were several discussions in relation to their sale. The evidence about the key discussions

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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