Litigation Risk Update - August 2012

Author:Mr Declan Black, Niall Collins, Jane Pilkington, Paul Convery and Tanya Colbert
Profession:Mason Hayes & Curran

Taking security: the problem of "vulnerable" guarantors

Lenders often want loans to be secured by personal guarantees. The recent High Court case of Ulster Bank Ireland Limited v Roche and Buttimer shows that where the guarantor is in a personal relationship with the borrower, and has no involvement or financial interest in the business, the lender must tread very carefully or risk the guarantee failing.

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What are "best endeavours"?

In v Blackpool Airport Limited, the English Court of Appeal was faced with two questions on a "best endeavours" clause: Is it enforceable? And what does it mean?

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High Court orders the removal of a website pending trial

The High Court has granted a pre-trial injunction directing that "", a website hosting defamatory statements about members of the legal profession, be taken down prior to trial.


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