Banking Litigation Notes

State entities' contractual capacity in derivatives transactions

A recent Court of Appeal (UK) decision contains an interesting and timely consideration of the capacity of a state-owned entity to enter into derivative …

Business common sense in contractual interpretation: the High Court (UK) considers loan prepayment fees

In a judgment that has surprised many commentators and caused some concern amongst credit providers, a High Court decision has interpreted ambiguous …

UK Supreme Court refuses to extend privilege to accountants

High Court rules that Ombudsman awards may be "topped up" through court action

The High Court has decided that a party who accepts a FOS determination awarding them the statutory maximum award (now £150,000) can subsequently claim …