Banking Litigation Notes

HMT reform of prospectus regime: the potential impact on securities litigation

Court of Appeal decision highlights dangers of choosing non-exclusive jurisdiction clause in favour of an EU court

Court of Appeal provides guidance on the "reflective loss" principle and its interaction with the Contracts (Rights of Third Parties) Act 1999

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

Court of Appeal upholds decision correcting drafting error by interpretation

Herbert Smith Freehills contributes chapter to The Securities Litigation Review (7th Edition)

Herbert Smith Freehills have contributed the England and Wales chapter of The Securities Litigation Review. Now in its seventh edition, The Securities …

High Court refuses to apply the so-called Arkin "cap" to adverse costs order against litigation funder

Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisers

Court of Appeal considers tests for "blind-eye" knowledge and vicarious liability in the context of a dishonest assistance claim

CJEU considers issuer liability for prospectuses marketed to both retail and qualified investors

High Court summarily dismisses alleged LIBOR fraudulent misrepresentation claim on the basis that it is time-barred

Court of Appeal determines that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent