‘More Skeletons in the Closet?’ – NLJ article by Aidan Briggs

Aidan Briggs‘ article on potential challenges to banks’ abuse of ‘Business Support’ measures is the cover story for this week’s New Law Journal.

This follows two recent reports into alleged unethical behaviour by lender banks towards their SME customers, either by engineering a situation of ‘distress’ so as to impose higher margins and fees, or forcing viable businesses into insolvency so as to create additional revenue.

The article focuses upon what equitable duties of good faith exist in the current law and how such duties may be employed to ensure lenders act only for the bona fide realisation of their security and avoid any perverse incentives.

A copy of the article may be found on the New Law Journal website.