Greenclose v National Westminster Bank plc

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Greenclose v National Westminster Bank plc [2014] EWHC 1156 (Ch) is a fine example of the JC’s old legal maxim anus matronae parvae malas leges faciunt: Little old ladies (and, in this case, aggrieved Welsh hotel owners) make bad law, Greenclose v National Westminster Bank plc (judgment) opines on the apparently harmless Notices Section (12) of the 1992 ISDA. It considers the meaning of “electronic messaging system” and, saucily, finds that it does not include email.

Let me say that again, in case you missed it: in the eyes of the current common law email does not count as an “electronic messaging system”.

Premium content Here the free bit runs out. Subscribers click 👉 here. New readers sign up 👉 here and, for ½ a weekly 🍺 go full ninja about all these juicy topics👇 The loan and the interest rate hedge The collar renewal in 2012 Where NatWest went wrong Wait - email is not an “electronic messaging system”? It is, right? Right? GUYS?

See also

• Judgment
• The Victory of Form over Substance
• Section 12 of the ISDA Master Agreement and its famous provisions about electronic messages