Banking Litigation Notes
Tag: fca
Showing 24 out of 27 results
Judgment handed down in FCA’s COVID-19 business interruption insurance test case
The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch …
Privilege in the context of regulatory investigations: latest guidance from the High Court
The transition from LIBOR: FCA conduct risk warning and next steps
Over the past couple of weeks, the FCA has released two important communications in the context of the discontinuation of LIBOR, which is expected to …
The Financial Services Duty of Care Bill
On 29 October Lord Sharkey introduced a Private Members’ Bill into the House of Lords, which proposed amending the Financial Services and Markets Act …
LIBOR discontinuation – FCA thematic feedback on responses to Dear CEO letter
The FCA and PRA yesterday published a joint statement setting out their key observations from the responses of major banks and insurers in the …
Do we need a new duty of care in financial services?
On 17 July 2018, the FCA published a paper on its Approach to Consumers (the Approach), accompanied by a discussion paper DP18/5 (the DP) on …
Court of Appeal holds no real prospect of success for claim alleging contractual obligations owed by a bank to its customers in the conduct of FCA review
The Court of Appeal has refused the claimants permission to appeal in the most recent interest rate hedging product ("IRHP") mis-selling claim to come …
High Court rejects application to include conspiracy allegations in IRHP misselling claim and gives guidance on meaning of "exceptional circumstances" in past business review undertakings given to the FCA
The latest in the line of recent judgments concerning interest rate hedging product ("IRHP") misselling allegations concerns an application by the …
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 Supreme Court on contractual interpretation – striking a balance between the language used and the commercial implications
In Wood (Respondent) v Capita Insurance Services Limited (Appellant) [2017] UKSC 24, the Supreme Court has unanimously dismissed an appeal …
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 …
Qadir v Barclays: High Court gives helpful guidance on limitation periods in IRHP mis-selling litigation
Following a series of decisions considering similar issues, the High Court has again granted a bank's application to strike out an interest rate hedging …
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