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Commercial Newsletter

Autumn 2019

Welcome

to the Autumn 2019 edition of our Commercial Newsletter.

At Prettys we understand our clients’ commercial needs and imperatives: whether that is in securing and completing a commercial transaction on favourable terms, or in dealing with any litigation in which you may be involved “justly and at proportionate cost” (to use the wording in rule 1.1 of the Civil Procedure Rules).

We can offer a “one stop” shop for all your commercial needs: with specialists in commercial, property, employment and dispute resolution that can assist you in ensuring that matters are dealt with as expeditiously and cost-effectively as circumstances permit.

In this edition of our commercial newsletter, we look at:

  1. Is a bank under a duty to protect its customer from suspicious transactions?
  2. Can a bank pursue a claim for repayment of a loan, without regard to a counterclaim or set off?  Is the position any different in winding up proceedings?
  3. Can you be bound by a contract that you did not sign?
  4. Can you sue a director of a company, when you do not have a contract with him (or her)?

The following articles and case summaries are for guidance only and do not constitute specific legal advice.  If you have any concerns regarding any of the issues raised in these articles, or otherwise, please contact us for further information.

Also, if there are any topics that you would like to see featured in a future edition of our newsletter, please do not hesitate to let us know.

For further information or advice please contact Andrew Kinnison at akinnison@prettys.co.uk.

Contents

Is a bank under a duty to protect its customer from suspicious transactions?

On 30 October 2019, the Supreme Court handed down its decision in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe.  This is the first case in which the court has found that there was a breach by a bank of ... Read more

Can a bank pursue a claim for repayment of a loan, without regard to a counterclaim or set off? Is the position any different in winding up proceedings?

This follows on from the article in our Summer Newsletter “Bank demanding repayment: is it under an implied duty to act reasonably?”  In that article, we discussed the decision of Chief Master Marsh in UBS AG v Rose Capital Ventures Ltd [2018] EWHC ... Read more

Can you be bound by a contract that you did not sign?

The short answer is "yes: if you have given somebody else authority to enter into or conclude the contract on your behalf".  That person must also comply with relevant statutory requirements. An interesting point was considered in Neocleous v Rees [2019] EWHC 2462 (Ch).  ... Read more

Can you sue a director of a company, when you do not have a contract with him (or her)?

The short answer to this question is “Yes, but only in certain circumstances”. It has long been established that, in law, a company and its directors are different legal entities.  They are different people, and you choose the people with whom you enter into ... Read more

Andrew Kinnison

Senior Associate

e akinnison@prettys.co.uk

t 01473 298219

Matthew Cole

Employment Partner

e mcole@prettys.co.uk

t 01473 298221

Graham Mead

Partner

e gmead@prettys.co.uk

t 01473 298234

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