Banking Litigation Notes

Court of Appeal gives guidance on anti-set off provisions in security documentation

High Court finds bank unreasonably withheld consent to sale of secured property where sale would not have satisfied the secured liability in full

High Court dismisses summary judgment application in credit card portfolio transfer case

In CCUK Finance Ltd & Anor v Barclays Bank plc [2018] EWHC 304 (Comm), the High Court has rejected the claimants’ application for summary …

Court of Appeal finds no contractual duty to prevent counterparty from inflicting economic harm on itself

A recent Court of Appeal decision has found that a broker owed no contractual duty to prevent a "sophisticated and experienced" trader (trading as a …

English High Court confirms that Sharia non-compliance will not affect the enforceability of an English law agreement in an Islamic finance structure

High Court applies public law standard to the exercise of discretion by a financial institution under a receivables finance agreement

BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) serves as an interesting illustration of how the Court can import public law principles to the …

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 …

Court of Appeal clarifies interpretation of default interest provisions under commercial mortgage backed securitisation documentation

The recent decision of the Court of Appeal in Credit Suisse Asset Management LLC v Titan Europe 2006-1 Plc [2016] EWCA Civ 1293 will be of …

Commercial Court finds commitment letter unsigned by one party to be legally binding

The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c)[2016] EWHC 1575 (Comm), serves as …

Alexander v West Bromwich Mortgage Company Ltd: when can lenders rely on contradictory mortgage conditions?

In Alexander v West Bromwich Mortgage Company Ltd[2016] EWCA Civ 496, the Court of Appeal considered the right of a lender to rely on standard term …

Court of Appeal gives guidance for bankers' references: what to include in a request for reference and the circumstances in which liability may be avoided

The recent decision of the Court of Appeal in Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA [2016] EWCA Civ 457 is an …

Court of Appeal resolves redemption dispute concerning £3.3bn "coco" notes by reference to their commercial purpose

LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation …