Banking Litigation Notes

UK post-Brexit reform: Financial Services Act 2021

The FCA’s proposed new "Consumer Duty" – what does it mean?

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

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

BANKING LITIGATION PODCAST EPISODE 25: SPECIAL EDITION – THE QUINCECARE DUTY OF CARE

Hong Kong court refuses to expand scope of Quincecare duty

EU Advocate General considers interpretation of Prospectus Directive in relation to an issuer’s liability for a prospectus marketed to both retail and qualified investors

Climate-related disclosures for issuers: further steps towards mandatory requirements?

In November 2020, the UK Joint Government Regulator TCFD Taskforce published its “roadmap towards mandatory climate-related disclosures”, which set out a …

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

The Court of Appeal has found that a defendant creditor could not rely on a limitation defence to a borrower’s claim that its non-disclosure of a …

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

Interesting New York court decision provides warning for financial institutions in relation to possible retention by recipients of mistaken payments

On 16 February 2021, Judge Jesse Furman of the United States District Court for the Southern District of New York ruled, in a 105-page decision, that …

Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care