Banking Litigation Notes

High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements

The High Court has granted a claim brought by a bank against two companies (and the managing director of one of them) to recover outstanding sums due …

US Sanctions and the right of borrowers to withhold repayment: Commercial Court signals return to orthodoxy

High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims?

The High Court has struck out the claims of over 200,000 claimants against two companies in a group of companies (domiciled in England and Australia …

Class action reform in France: Necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will …

Supreme Court rejects illegality defence to claim where claimant had engaged in an illegal act (mortgage fraud)

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a negligence claim in relation to the property …

BANKING LITIGATION PODCAST EPISODE 22: MONTHLY UPDATE – OCTOBER/NOVEMBER 2020

Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract

In a decision earlier this year, the Commercial Court considered the impact of a force majeure clause on a repayment obligation in a contract for the …

LIBOR transition measures in the new Financial Services Bill: the legal framework, market impact and risks

Leaving LIBOR – the ISDA Protocol and Supplement

With LIBOR due to disappear by end-2021, work has been underway to facilitate the transition from LIBOR and other IBORs to alternative risk free rates …

Biannual Banking Litigation Update (Autumn 2020)

2020 Global Bank Review: #disruption

Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis