Banking Litigation Notes

LIBOR Transition Status Update - October 2020

High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex

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 …

BANKING LITIGATION PODCAST EPISODE 21: MONTHLY UPDATE – SEPTEMBER 2020

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

New Webinar Available: Dispute Resolution Choices for Banks and Financial Institutions - Maximising the Chances of Successful Enforcement

Choice of dispute resolution forum can have a fundamental impact on the ability of banks and financial institutions to enforce contractual obligations. …

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