South Square is a leading set of commercial law barristers. Our members have acted in many of the most important restructuring, insolvency,
banking, commercial, company and fraud-related disputes of recent times. We are regulated by the Bar Standards Board.
An important judgment on the Financial Collateral Arrangements Regulations 2003 was handed down today (ABT Auto Investments Ltd v Aapico Investment Pte Ltd [2022] EWHC 2839 (Comm)).
Tom Smith KC and Ryan Perkins appeared for the Defendants, who succeeded in arguing that their appropriation of the shares in a company was fully compliant with the Regulations. This is the first case in which the Court has considered whether a collateral-taker complied with its duty under Regulation 18 to value the collateral in a “commercially reasonable manner”. The judgment also contains a detailed discussion on the power of appropriation.
The judgment is available here.
An important judgment on the Financial Collateral Arrangements Regulations 2003 was handed down today (ABT Auto Investments Ltd v Aapico Investment Pte Ltd [2022] EWHC 2839 (Comm)).
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