Banking Litigation Notes

Supreme Court confirms key elements of claim in knowing receipt in failed claim against bank

High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors

Supreme Court decision gives further clarity on claims by distressed companies against directors

Supreme Court strikes out Quincecare claim where no loss suffered by insolvent Ponzi scheme

Court of Appeal clarifies requirements of claims in knowing receipt in failed claim against bank

Court of Appeal considers tests for "blind-eye" knowledge and vicarious liability in the context of a dishonest assistance claim

Court of Appeal confirms that the Quincecare duty does not extend to protect creditors

High Court considers distinction between liability for dishonest assistance and knowing receipt in failed claim against bank

High Court confirms potential liability of creditors for breaches of duty by administrators

The decision in Davey v Money & Anor [2018] EWHC 766 (Ch) serves as a useful reminder for secured creditors (such as banks) of the …