Macdonald Hotels Ltd & Anor v Bank of Scotland plc
Introduction This case is an example of borrowers seeking to imply duties of good faith and rationality into banking contracts, one of a number of recent cases which have considered.. read more
Specialists in Dispute Resolution
Archive for the 'Property' Category
Skykomish Ltd v Gerald Eve LLP
Overview A case which shows that negligence alone will not be enough to establish liability, as well as demonstrating how bad timing can be extremely costly for investors. Background The.. read more
Getty Images (US) Inc and Ors v Stability AI Ltd
This decision represents the latest development in what is set to be a defining case regarding intellectual property rights in the digital age. Background Getty Images (US) Inc (‘Getty’) is.. read more
Farol Holdings & others v Clydesdale Bank and NAB
The Defendant, Clydesdale Bank (‘CB‘) offered fixed rate loans to the claimant and other small enterprises from around 1999 to 2012. These were known as fixed interest rate “tailored business.. read more
Hope Capital Ltd v Alexander Reece Thompson LLP
In 2018 a historic Grade 2 listed National Trust property known as Cedar House was put on the market. It dated back to the 15th century and had many original.. read more
The McDonagh and Philbin cases regarding disposing of repossessed properties
As expert witnesses in the lending sector we tend to see certain common issues in the instructions we receive. An issue which has reappeared in an increasing number of cases.. read more
BDW Trading v Integral Geotechnique (Wales) Ltd
This case illustrates the pitfalls of relying on a surveyors report when there is no contractual relationship between the parties and no duty of care can be found. Bridgend County.. read more
UK Acorn Finance v Markel
The Claimant (‘AF’), an agricultural bridging finance lender, had instructed Colin Lilley Surveying Ltd (‘CLS’) to value 11 agricultural properties bought between 2010 and 2012. AF relied on the valuations.. read more
Oliver Morley v The Royal Bank of Scotland PLC
Oliver Morley, a wealthy businessman trading as Morley Estates, recently brought a case against Royal Bank of Scotland (‘RBS’). He had built up a successful industrial warehousing company in the.. read more
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