6 March, 2019 Determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form)

In Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2019] EWHC 379 (Ch), Snowden J was asked to resolve a series of questions concerning the determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form). The main issues related to the date by reference to which the determination of […]

18 February, 2019 Court of Appeal overturns finding of breach of contract in asset management dispute

On 15 February 2019, the Court of Appeal handed down judgment in Henderson Administration Ltd v Pease [2019] EWCA Civ 158 allowing an appeal by Henderson against the order made following trial in the Chancery Division. The judgment considers the general principle of English contract law that where an obligation can be performed in different ways it is ordinarily for the obligor to choose the method of performance. The Court of […]