Banking Litigation Notes

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit  

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

The Court of Appeal has found that a defendant creditor could not rely on a limitation defence to a borrower’s claim that its non-disclosure of a …

Court of Appeal rejects all claims relating to transfer of property portfolio to lender’s restructuring unit following borrower default

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

Interesting New York court decision provides warning for financial institutions in relation to possible retention by recipients of mistaken payments

On 16 February 2021, Judge Jesse Furman of the United States District Court for the Southern District of New York ruled, in a 105-page decision, that …

High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period

The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …

LIBOR Discontinuation: FCA non-representativeness announcement

BANKING LITIGATION PODCAST EPISODE 24: MONTHLY UPDATE – JANUARY/FEBRUARY 2021

Operational Resilience: respond, enhance, thrive

The evolution of Class Actions in South Africa

In an article published on our global class actions hub, Jonathan Ripley-Evans and Fiorella Noriega del Valle of our Johannesburg …

High Court considers distinction between liability for dishonest assistance and knowing receipt in failed claim against bank

Supreme Court judgment in KBR v SFO appeal: detailed briefing published

As reported in our previous blog post, the Supreme Court has handed down judgment in a keenly anticipated case concerning the scope of extraterritorial …