Banking Litigation Notes

High Court strikes out claims relating to alleged mis-selling of IRHPs on res judicata and abuse of process grounds

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

Financial product mis-selling claims against banks: the increasing willingness of the English courts to strike out allegations of fraud in “appropriate” cases

High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not apply

Supreme Court rejects illegality defence to claim where claimant had engaged in an illegal act (mortgage fraud)

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a negligence claim in relation to the property …

High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose

High Court strikes out two IRHP mis-selling claims on the grounds of abuse of process, limitation and underdeveloped allegations of fraud

The High Court has dismissed two IRHP mis-selling claims by claimant investors against various defendant banks for losses alleged to have been suffered …

High Court strikes out claimants’ representative action due to failure to meet “same interest” requirement under CPR 19.6

The High Court has struck out the representative element of a claim purportedly brought on behalf of large numbers of claimant individuals and …

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

High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes

The High Court has held that personal guarantees signed by the chairman and sole shareholder of a borrower company were enforceable, dismissing arguments …

High Court finds no implied contractual duties in connection with past business review

LIBOR transition: litigation risk observations on suite of documents published by the regulators in January 2020