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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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