Hearings
England & Wales
11 Mar 2011 [2011] EWHC 567 (Ch); [2012] Ch 304; [2012] 2 WLR 564; [2011] 2 All ER (Comm) 461; [2011] WLR (D) 86, Ch D (Briggs J)
Carey Group plc v AIB Group (UK) plc
Subject Matter
CONFLICT OF LAWS — Jurisdiction — Public law of foreign state — Enforcement — Foreign statutory agency — Scheme under foreign statute for acquisition by agency of bank assets from participating institutions — Bank willing voluntarily to comply with acquisition process — Claimants seeking injunctions restraining agency from enforcing acquisition process within jurisdiction and bank from complying with it — Whether implementation of acquisition process unlawful exercise of sovereign power
[2012] Ch 304; [2012] 2 WLR 564
CONTRACT — Implied term — Duty to exercise discretion personally — Bank granting claimants secured lending facilities under facility agreement — Whether implied term that bank exercise discretions under agreement personally