Banks, Liability and Risk

Your essential one-volume guide to understanding risks and liabilities faced by banks and the legal instruments available to you


Gives you detailed coverage of all cases of relevance so you can see how the law has dealt with issues in the past


Written by industry specialists - providing you with top-drawer thought and analysis on the problems faced by banks and other lending institutions today.

If you are providing advice to banks and other lending institutions, or work in an in-house team at a bank, you will know that the risks and liabilities faced by financial institutions can be frightening. This is where Banks, Liability and Risk comes in.

Banks, Liability and Risk is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents.

Edited by William Blair QC, a renowned authority in banking law, with contributions from leading banking law professionals, this powerful and revealing book will prove to be an indispensable asset to your banking law library. In its pages you will find practical and detailed coverage on topics such as:

lender liability
environmental liability
liabilities resulting from insolvency
home lending
secured lending
improper credit decisions
As well as considering these issues from the perspective of English law, Banks, Liabilities and Risk also contains invaluable comparative analysis of other leading jurisdictions including:

United States
Canada
Australia
Germany
Nordic countries
Up-to-date Coverage

The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice. Just some of the important new issues and legislative changes covered include:

the impact of the New Contaminated Land Regime on lender liability and security


lender liability and syndicated lending


lender's liability for unlawful interference with business - Indata Equipment Supplies v ACL Ltd (1997)


contributory negligence and lender liability


home lending and the current state of a lending bank's duties


lending on the security of property and risks on realisation


rules on the construction of commercial contracts - Investors Compensation Scheme v West Bromwich Building Society (1997)


unfair terms in commercial loans - First National Bank (2000)


practical realities in recovery proceedings - Lloyds Bank v Hawkins (1998); Lloyds Bank v Rogers (1999) and Securum Finance v Ashton (1999)


enquiries and the duty of confidence


developments in the law of restitution


the shifting pendulum in US law