Banking Litigation Notes
Tag: consumer
Showing 24 out of 24 results
Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case
Administrative Court dismisses judicial review challenge of FOS "mortgage prisoner" decision
High Court finds no unfairness in bank's restructuring of loan arrangements
The FCA’s proposed new "Consumer Duty" – what does it mean?
High Court considers entitlement of investment firm to terminate Bitcoin trading account due to alleged money laundering concerns
The High Court has found in favour of a claimant investor in a dispute arising from the termination of her Bitcoin trading account with an online trading …
Shaping the boundaries of collective redress in Germany - a glimpse of the future under an EU representative action regime?
A recent judgment handed down by Germany's highest civil court will be of interest to financial institutions concerned about so-called class action …
High Court takes view in test case on breach of statutory duty under s.138D FSMA, in the context of repeat borrowings and an alleged breach of CONC
The High Court has recently considered a test case under s.138D of the Financial Services and Markets Act 2000 (FSMA), in the context of alleged breaches …
High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose
Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case
Do we need a new duty of care in financial services?
On 17 July 2018, the FCA published a paper on its Approach to Consumers (the Approach), accompanied by a discussion paper DP18/5 (the DP) on …
High Court rejects unfair relationship claim concerning allegations of breach of an advisory duty, misrepresentation and efficacy of basis clauses
Carney & Ors v NM Rothschild & Sons Limited [2018] EWHC 958 (Comm) is a recent case where the High Court rejected claims of an unfair …
Broker breached fiduciary duty by not disclosing sum of commission received
The Court of Appeal has held that a credit broker was in a fiduciary relationship with borrowers, with the consequence that the broker breached its …