Banking Litigation Notes

Court of Appeal determines that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent

High Court considers operation of force majeure clause in context of COVID-19 pandemic

High Court considers doctrine of frustration in COVID-19 context and confirms there is no such thing as “temporary frustration”

Court of Appeal decision in Adams v Options: the meaning of “advice” and potential implications for financial product mis-selling claims

Hong Kong court refuses to expand scope of Quincecare duty

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit  

Court of Appeal rejects all claims relating to transfer of property portfolio to lender’s restructuring unit following borrower default

High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals

Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case

The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch …

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 …

High Court provides further insights on the risks of Quincecare claims against banks

High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements

The High Court has granted a claim brought by a bank against two companies (and the managing director of one of them) to recover outstanding sums due …