In this article James Collins QC explains the decision of the Commercial Court in TMF Trustee Ltd v Fire Navigation Inc, a case in which borrowers successfully relied on the prevention principle so as to deny lenders (and other finance parties) summary judgment for the sums said to be due pursuant to a loan agreement.
This article was first published on Lexis®PSL Banking & Finance on 22 November 2019.
The interview recorded in this article was given by James Collins QC, a member of Essex Court Chambers. Essex Court Chambers is a set of barristers’ chambers. It has no collective or distinct legal identity of any kind. All barristers practising from these chambers are self-employed individuals who provide their professional services as sole practitioners in their own name. The information and any commentary on the law contained in this article is provided free of charge for informative purposes only. Whilst reasonable effort has been made by James Collins QC to ensure that the contents are accurate and up-to-date, no responsibility for the accuracy and correctness of such contents, or for any consequences of anyone relying upon it, is assumed by James Collins QC (or any other member of Essex Court Chambers). The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter in any other sense.