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.
What are "best endeavours"?
In Jet2.com 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?
High Court orders the removal of a website pending trial
The High Court has granted a pre-trial injunction directing that "rate-your-solicitor.com", a website hosting defamatory statements about members of the legal profession, be taken down prior to trial.