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24 January 2008 / Paul Nicholls
Issue: 7305 / Categories: Features , Company , Banking , Commercial
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My word is my bond

Bear Stearns represents a costly lesson in contractual principles, says Paul Nicholls

In Bear Stearns Bank plc v Forum Global Equity Ltd [2007] EWHC 1576 (Comm), [2007] All ER (D) 103 (Jul), Mr Justice Andrew Smith gave a judgment which reaffirmed the basic legal and City principle that “my word is my bond”. The judge also demonstrated the extent to which the law seeks to uphold commercial transactions and is wary of technical attempts by parties to avoid their contracts.

 

The case concerned loan notes in respect of the distressed debt of an entity in the Parmalat group (the Italian group of companies that collapsed in 2003). Forum Global acquired the notes and applied to be admitted to the list of Parmalat creditors in the administration. The value of the notes lay in the dividend to be paid on the claims in the insolvency.

 

NEGOTIATIONS

Forum Global commenced negotiations with Bear Stearns for the sale of the notes. There were several discussions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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