Banking Litigation Notes

High Court finds express terms of sub-participation agreement took precedence over framework master agreement

A spectrum of possibilities: characterising a charge as fixed or floating after Re Spectrum Plus

High Court considers enforcement of security by way of appropriation under the Financial Collateral Arrangements (No 2) Regulations 2003 (FCARs)

Russian sovereign debt defaults: a disputes perspective

High Court considers termination and enforcement of security rights in context of default on loan agreement

LIBOR transition risks: the brave new world of RFRs

Amending legacy LIBOR contracts: how to cater for near risk-free rates

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

US Sanctions and the right of borrowers to withhold repayment: Commercial Court signals return to orthodoxy

High Court takes view in test case on breach of statutory duty under s.138D FSMA, in the context of repeat borrowings and an alleged breach of CONC

The High Court has recently considered a test case under s.138D of the Financial Services and Markets Act 2000 (FSMA), in the context of alleged breaches …

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

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