Banking Litigation Notes

High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters

High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme

Securities class actions in England and Wales: the challenges for funders and a perspective from Australia

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the principal characteristics …

Impact of latest "SAAMCO" decision on financial services litigation

High Court rules on entitlement of persons or bodies to give instructions to UK financial institutions on behalf of Venezuelan Central Bank

In a recent decision, in relation to an ongoing dispute as to which Venezuelan person or body has the authority to deal with certain Venezuelan assets …

Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case

The Court of Appeal has upheld the High Court’s decision to grant summary judgment in favour of a bank defending a claim brought by a foreign exchange …

High Court requires claimant investors to disclose their investment history to show their level of sophistication and appetite for risk

High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence

The High Court has dismissed a claim brought by an investment company against a foreign exchange trading platform seeking to recover losses it suffered …

High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an “ethically safe” work environment

What does Lloyds/HBOS tell us about sections 90 and 90A of FSMA?

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law considering how the findings in …

High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no "relational contract" and rejecting claims for intimidation and economic duress

The High Court has dismissed the most recent claim to reach trial arising from the actions taken by a lending bank’s restructuring unit following a …

High Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral scheme

The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to …