Banking Litigation Notes

Court of Appeal finds no contractual duty to prevent counterparty from inflicting economic harm on itself

A recent Court of Appeal decision has found that a broker owed no contractual duty to prevent a "sophisticated and experienced" trader (trading as a …

High Court finds duty of care owed by arranger of capital markets transaction to investors

Causation in valuers' negligence claims: Reliance on earlier valuations

In a decision which will be of interest to financial institutions and valuers, the Supreme Court has overturned a decision of the Court of Appeal and …

Latest IRHP "Mis-selling judgment confirms no "mezzanine" duty of care owed by banks

Privy Council: No duty of care owed by a lender to disclose lending policies

A recent judgment handed down by the Privy Council is likely to have wide application to mis-selling claims generally: Deslauriers and another …

Libyan Investment Authority v Goldman Sachs: Court of Appeal refuses permission to appeal

This time last year, the High Court rejected a claim by the Libyan Investment Authority (“LIA”) that dealings between it and Goldman Sachs (“GSI”) …

High Court confirms narrow application of duty established by the Court of Appeal in So v HSBC

The Court has recently revisited the question of whether a bank providing a reference owes a duty to a third party relying on that …

Court of Appeal confirms no tortious duty of care owed to customers in connection with the FCA past business review

Over the past two years, the courts have grappled with the novel claimant argument that financial institutions owe duties of care in tort …

High Court strikes out claims relating to the mis-selling of interest rate hedging products

In a recent decision, Elite Property Holdings Ltd & Anor v. Barclays Bank plc [2016] EWHC 3294 (QB), the High Court struck out the majority …

WW Property Investments Limited v National Westminster Bank Plc: Court of Appeal refuses permission for addition of claims regarding LIBOR manipulation

The case concerned an application by the claimant for permission to appeal a decision of the High Court to strike out the entirety of the claim …

O'Hare v Coutts: High Court dismisses mis-selling claim and clarifies standard of care required of financial advisors

High Court rejects claim that dealings between bank and client went beyond an ordinary arm's length bank-client relationship

The High Court has rejected the argument that dealings between Goldman Sachs ("GSI") and the Libyan Investment Authority ("LIA") crossed the line from an …