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28 March 2014
Issue: 7600 / Categories: Case law , Law digest , In Court
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Companies

Hockin and others v Masden and another [2014] EWHC 763 (Ch), [2014] All ER (D) 206 (Mar)

It was well established that a bank negotiating a transaction with another party “owes in the first instance no duty of care to explain the nature or effect of the proposed arrangement to that other party”: Bankers Trust International plc v Sejahtera [1996] CLC 518 at 533. Mance J went on to qualify the general proposition by saying that if a bank does give an explanation or tender advice, it owed a duty to do so fully accurately and properly. No doubt too a bank might on particular facts be held to have assumed a general advisory role in respect of the transaction.

 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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