The competing interests between bank and borrower when a bank in resolution sells debt (Hodge Malek QC and James Potts, Butterworths Journal of International Banking and Financial Law)

This article, by Hodge Malek QC and James Potts, examines a recent Court of Appeal decision on the ability of (in this case) the special liquidator of a bank to market the bank's good loans for sale as part of a package containing distressed debt. The case highlights the potential competing interests between bank and borrower in such a situation, which equally may arise if a bank enters resolution under the UK's special resolution regime implementing the Bank Recovery and Resolution Directive.

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This article was first published in Butterworths Journal of International Banking and Financial Law.