Back to Insights listing

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.

LexisNexis subscribers can read more here

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Articles

    Interference with rights to light – claimants receive a substantial award based on negotiating damages (Cooper v Ludgate House)

    Tiffany Scott KC has written a case analysis for LexisNexis about the latest Rights to Light case Cooper v Ludgate House (Bankside Yards, SE1) in which the developer was represented by John McGhee KC. The High Court confirmed that negotiating... Read more

    By Tiffany Scott KC
    Wednesday 23 July 2025

    View more
  2. Placeholder

    External Conferences

    PLA Northern Training Day 2025

    Thursday 18 September 2025
    The Met Hotel, Leeds

    Speakers:
    Jonathan Seitler KC

    View more
  3. Placeholder

    Webchats

    What goes up…now must come down? – A ban on upwards-only rent reviews

    Listen to Joanne Wicks KC and Mark Galtrey discuss the proposed ban on upwards only rent reviews, and its possible implications for property litigators.   

    Joanne Wicks KC | Mark Galtrey
    Friday 18 July 2025

    View more
  4. Placeholder

    Recent Cases

    Judgment handed down in Cooper v Ludgate House Ltd and Powell v Ludgate House Ltd

    Property

    John McGhee KC
    Tuesday 8 July 2025

    View more

View all thought leadership