Michael Herman
Download 'Too Hot', an exclusive Specials track from iTunes
The City of London breathed a collective sigh of relief this afternoon as the High Court confirmed that despite big technological advancements and cultural changes, the principle of “my word is my bond” was still relevant in the modern world.
In the first case of its kind, a judge ruled that an investment fund could not pull out of a financial transaction after circumstances made the deal substantially less attractive.
In July 2005 Forum Global Equity agreed — in a telephone conversation — to sell a portion of debt in Parmalat, the collapsed Italian dairy group, to Bear Stearns, the US investment bank.
The court was told how deals involving sophisticated financial products — in this case debt that would later convert into equity — are typically agreed via an oral contract with written contracts signed later on.
However, before the written documents had been signed a change in circumstances meant that the terms of the deal became much less favourable for Forum, which tried to pull out.
Bear Stearns insisted that it was entitled to complete the trade as agreed by telephone and took Forum to the High Court in London over the issue.
This afternoon Mr Justice Andrew Smith agreed with Bear Stearns — that the oral agreement meant that a commercial deal had been concluded — and ordered Forum to complete the trade on its original terms.
Robert Turner, a partner at Simmons & Simmons, who represented Bear Stearns, said: “If Forum had been allowed to walk away from its trade, a significant spanner would have been thrown into the certainty of market trading. The Court has upheld the principle of ‘my word is my bond’ and Bear Stearns has done the market a favour by standing by that principle.”
Forum Global Equity, represented by the law firm Masseys, declined to comment.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.