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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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