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Latest News from Berg

Contractual Terms – Context vs Contract

17 June 2013
Recent case law has shown a move towards the increased power and willingness of courts to give effect to the notions of business common sense and context when interpreting a written contract. However, the most recent case of BMA Special Opportunity Hub Fund ltd & Ors v African Minerals Finance Ltd saw the Court of Appeal give priority to the written word ahead of what may be seen as the more comm Read more >

A fifth of North West shops could close by 2018

14 June 2013
According to a new study from the Centre for Retail Research, nearly one in five high street shops in the region could be forced to close by 2018... Read more >

Interest Rate Swaps in the Media: Weekly round up

12 June 2013
Our team of banking litigation specialists round up some of the recent media stories around interest rate swap mis-selling, financial litigation and banking... Read more >

Redundancy Consultation Update – a major change to the established law

12 June 2013
In our article of 20 May 2013, we looked at an employer’s obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) to consult with elected or trade union employee representatives where the employer is proposing to make 20 or more employees redundant at one establishment within a period of 90 days or less. That article focused on the risk to employers if representat Read more >

Interest rate swap mis-selling: A year on, where are we now?

12 June 2013
A year on from the announcement confirming systematic mis-selling, Berg's team of banking and financial regulation specialists have put together a full report Read more >

Events of default? When is a company really balance sheet insolvent?

10 June 2013
Last month the Supreme Court handed down judgment in the case of BNY Corporate Trustee Services Limited v Eurosail - UK 2007 - 3BL PLC ("the Eurosail Case"). The impact of this decision requires serious consideration in relation to drafting contracts with an event of default clause. Read more >