Recent Cases
Judgment handed down in UBS AG v Kei and ors
Property, Commercial disputes
Alice Hawker
Monday 15 September 2025
PropertyMonday 9 June 2025
Supreme Court holds banks must follow the Etridge protocol where non-commercial hybrid transactions include a more than de minimis surety element
Joanne Wicks KC has written an expert commentary regarding her recent judgment on Waller-Edwards v One Savings Back Plc. The commentary has been published in LexisNexis.
The Supreme Court has unanimously allowed the appeal, holding that a creditor is put on inquiry in any non-commercial hybrid transaction where, on the face of the transaction, there is a more than de minimis (ie trivial) element of borrowing that serves to discharge the debts of one of the borrowers and so might not be to the financial advantage of the other.
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