Source: All England Reporter
Publisher Citation: [2010] All ER (D) 111 (Jun)
Neutral Citation: [2010] EWHC 1392 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Christopher Clarke J

Representation Jeffrey Gruder QC, Christopher Harrison and Nicola Timmins (instructed by Memery Crystal) for the claimant.
  Antony Zacaroli QC, Ben Valentin and Jeremy Goldring (instructed by Travers Smith) for the defendant.
Judgment Dates: 11 June 2010

Catchwords

Contract - Construction - Loan agreement - Syndication agreement - Claimant bank entering into syndication agreement with defendant bank regarding Enron transactions - Enron becoming insolvent - Claimant seeking to recover portion of money loaned to Enron - Claimant seeking to rely on misrepresentations made by defendant bank prior to entering into syndication agreement - Whether statements alleged as misrepresentation made by defendant.

The Case

Contract Construction. The Commercial Court held that the misrepresentations as pleaded by the claimant bank as allegedly being made by the defendant bank had not in fact been made and therefore the claimants case against the defendant failed.

Practice Areas

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