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06 September 2024
Issue: 8084 / Categories: Legal News , Procedure & practice , Banking
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NLJ this week: Banks, lenders & the doctrine of purview

188090
It’s a little-used & somewhat opaque doctrine with significant potential when used as a defence

In this week’s NLJ, Jonathan Bennett, associate at Brecher, and James Davies, New Square Chambers, discuss the doctrine of purview in the law of guarantees, which ‘can have an effect on enforcement attempts against debtors (principally any guarantors) under a mortgage’ and is therefore a doctrine that banks, lenders and their advisors should consider.

Bennett and Davies look at the doctrine’s origins and consider recent case law, including a case in which the authors acted for the successful petitioner on a bankruptcy petition where the purview doctrine was deployed by the debtor as a defence to the petition debt.

The authors helpfully provide a list of tips for lenders to consider. For example, they write: ‘It should be noted that “all monies” guarantees will be far less susceptible to challenge on the basis of the purview doctrine.’

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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