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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
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