Banking Litigation Notes

Climate-related disclosures: the new frontier?

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 …

Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement

Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause

The Court of Appeal has upheld the High Court’s decision on a claim involving the legal meaning of ‘goodwill’ and the contractual construction of an …

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

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

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

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 …

Redemption periods and liquidity mismatch in the investment funds market: the litigation risks

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