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Legal Updates
When is default interest too much in a loan agreement? – Houssein v London Credit Ltd [2025]

When is default interest too much in a loan agreement? – Houssein v London Credit Ltd [2025]

by | Nov 6, 2025 | ,

The High Court has ruled in Houssein v London Credit Ltd [2025] EWHC 2749 (Ch) that a 4% monthly default interest rate on a property loan was enforceable and not a penalty. The case is a key win for private and non-bank lenders, confirming that strong default clauses can stand if they reflect genuine commercial risk. If you lend secured funds for property deals, make sure your facility or loan agreements are properly drafted and commercially justified. Steven Mather Solicitor advises on facility agreements, loan agreements and secured lending documentation.

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“Good faith” really does matter in contracts – Saxon Woods v Costa – Spring Media case

by | Oct 17, 2025 | ,

What is Good Faith in contracts? The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa shows how seriously courts take good faith obligations in shareholders’ agreements. The case involved an unfair prejudice petition where a director delayed a promised company sale, breaching both the agreement and his duties to minority shareholders.

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When helping a friend turns into breaching a non-compete – Spill Bidco Ltd v Wishart [2025]

When helping a friend turns into breaching a non-compete – Spill Bidco Ltd v Wishart [2025]

by | Oct 17, 2025 | ,

When you sell your business, your non-compete clause might stop you doing more than you think. In Spill Bidco Ltd v Wishart, a seller who funded and advised friends’ new ventures was found to have been concerned in competing businesses – breaching a standard non-compete clause. The case shows that even lending money or helping out informally after a sale can cross the line.

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The $1.7m deal by WhatsApp and Email – what every business needs to know about contract formation in the digital age

The $1.7m deal by WhatsApp and Email – what every business needs to know about contract formation in the digital age

by | Sep 19, 2025 | ,

Can a WhatsApp message create a legally binding contract? In DAZN v Coupang, the Court of Appeal said yes – a USD1.7m broadcasting deal was sealed by email and messages, even without a signed agreement. This case is a warning for business owners: contracts can be formed before paperwork is signed. Learn the key lessons on “subject to contract”, urgent deals, and how courts treat informal communications.

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Why breach of warranty was a better option than breach of indemnity – Learning Curve (NE) Group Ltd v Lewis [2025]

Why breach of warranty was a better option than breach of indemnity – Learning Curve (NE) Group Ltd v Lewis [2025]

by | Aug 15, 2025 | ,

The High Court’s decision in Learning Curve (Ne) Group Ltd v Lewis & Probert shows how a buyer can recover far more under a breach of warranty claim than a narrowly drafted indemnity. In this £16.8m business sale, funding compliance breaches cut the target’s value by over £5m. We explain the background, the court’s reasoning, and the key lessons on warranties, indemnities, disclosure, and buyer’s knowledge for anyone buying or selling a business.

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When a Trade Mark Claim Falls at the Final Hurdle – Iconix v Dream Pairs

by | Jun 26, 2025 | ,

The Supreme Court has dismissed a trade mark infringement claim brought by the owner of the UMBRO brand, even though the legal principles were decided in their favour. In Iconix v Dream Pairs, the Court ruled that post-sale confusion and real-world viewing angles can count in trade mark cases – but held that the trial judge’s original decision to dismiss the claim was not irrational and must stand. A case that shows the law may be with you, but the facts still win the day.

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