Financial Dispute Resolution Briefing: Court intervenes in a commercial party’s discretionary powers | Perspectives & Events

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Financial Dispute Resolution Briefing: Court intervenes in a commercial party’s discretionary powers

Authors

Alistair Graham

The recent decision in BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) illustrates the courts' willingness to scrutinise and challenge the exercise of a commercial party's discretionary powers. Here, the court intervened in the discretion which it considered the lender ought to have exercised when setting contractual charges.

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Banking & Finance Litigation
Litigation & Dispute Resolution

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