English Court Gives “Helpful” Guidance On Valuation And Good Faith In The Appropriation Context | McDermott Skip to main content

English Court Gives “Helpful” Guidance On Valuation And Good Faith In The Appropriation Context

English Court Gives “Helpful” Guidance On Valuation And Good Faith In The Appropriation Context

Overview


Finance partner Aymen Mahmoud was quoted in Global Restructuring Review regarding a High Court decision to uphold a collateral-taker’s appropriation of shares in a joint venture, rejecting arguments from London-based ABT Auto Investments’ that a valuation of the shares provided by FTI Consulting was not conducted in a commercially reasonable manner as required under Regulation 18(1) of the UK’s Financial Collateral Arrangements (No 2) Regulations 2003 (FCAR).