United Kingdom: Construction & Planning

Capital is flowing back into European hotel markets, with transaction volumes rising sharply through forward purchase and forward funding structures.

The High Court has issued two significant rulings that clarify the boundaries of independent legal advice in lending transactions and undue influence cases.

A High Court decision examines whether a director's personal guarantee from 2008, given to secure credit for goods supplied to his company, extends to cover liabilities arising from a subsequent 2013 services agreement. The case explores the principles of guarantee construction and the circumstances under which a guarantor may be discharged from their obligations when the underlying commercial relationship fundamentally changes.