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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Lender Litigation 2nd ed

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Edited by: Thomas Grant, James Ballance

ISBN13: 9780414067226
Previous Edition ISBN: 9781847039026
To be Published: October 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £265.00



Lender Litigation provides legal provides a timely and complete guide to the practical and legal issues that arise in relation to secured lending litigation, from professional negligence claims to the procedural details involved in lending and recovery.

Key features:

  • Breaks down claims against relevant parties to a lender claim, such as borrowers, guarantors, and other third parties such as solicitors, valuers and accountants, highlighting unique aspects, including the risks associated with various types of claims.
  • Deals with all types of lender claims arising from secured lending transactions, from commercial lending to the provision of credit.
  • Explains the practicalities surrounding lending, from the formation and enforcement of loan contracts to the classification of security interests.
  • Offers a detailed account on the mechanics of recovery and guarantees.
  • Examines the issues surrounding professional indemnity insurance, from liability arising out of fraud to the disclosure of insurance and costs orders against insurers.
  • Supplies details on expert evidence in lender claims, such as procedure, the duties of the expert and the provision of evidence in negligence cases against specific professions.
  • Provides comprehensive and up-to-date coverage of mortgage possession claims and related subjects such as subrogation and title rectification.
  • Details the practical and legal issues of the most common claims brought against borrowers.
New to edition:

  • A newly expanded Practice and Procedure section which now includes details on interim remedies and procedural practice in relation to personal claims, possession claims, foreclosure and insolvency.
  • New section entitled Loan Contracts which focuses on all aspects of loan contracts including contract specifics such as the classification of commercial loan agreements to borrower and lender obligations.
  • New section entitled Security which explores a range of issues including classification of security interests, the creation of mortgages and charges over real property and dealings with security.
  • New section on Discharge of the Loan and Security which examines matters such as the legal and equitable rights of redemption, release of debt, waivers and mergers.
  • New section on Lender Remedies which takes into account various issues including liability under the contract of loan, personal claims against the borrower and enforcement of security rights.
  • New section entitled Imperfect Loans and Securities and Related Claims which deals with void and voidable contracts and securities, unjust enrichment and fraud, amongst other topics.

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Subjects:
Professional Negligence, Banking and Finance
Contents:
Contract of Loan.
Interest.
Classification of Security interests.
Creation of Mortgages and Charges over Real Property.
Creation of other Mortgages and Charges.
Dealings with Security.
Securitisation of loans.
Syndication of loans.
Priorities.
Discharge of the Contract of Loan.
Redemption.
Release, Waiver and Merger.
Personal Claims against the Borrower.
Debt Claims.
Enforcement of Security Rights.
Claims against Sureties.
Void and Voidable contracts & Securities.
Unjust Enrichment, Subrogation, and Proprietary Claims.
Fraud & Intentional Wrongdoing.
Claims Against Valuers.
Claims Against Solicitors.
Claims Against Accountants.
Damages.
Interest in professional negligence claims.
Contributory Negligence in Lender Claims.
Expert Evidence in Lender Claims.
Professional Indemnity Insurance.
Limitation.
Common Defences and Counterclaims.
Contribution.
Practice and Procedure.
Conflict of Laws.