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

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).