Banking Litigation Notes

High Court rules on entitlement of persons or bodies to give instructions to UK financial institutions on behalf of Venezuelan Central Bank

In a recent decision, in relation to an ongoing dispute as to which Venezuelan person or body has the authority to deal with certain Venezuelan assets …

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

High Court strikes out claimants’ representative action due to failure to meet “same interest” requirement under CPR 19.6

The High Court has struck out the representative element of a claim purportedly brought on behalf of large numbers of claimant individuals and …

Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case

The Court of Appeal has upheld the High Court’s decision to grant summary judgment in favour of a bank defending a claim brought by a foreign exchange …

The Tesco Litigation: lessons learned from split trial orders in the context of securities class actions

High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative

High Court refuses to grant summary judgment based on contractual interpretation of Argentinian government bonds

The High Court’s recent judgment in Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) is an …

High Court requires claimant investors to disclose their investment history to show their level of sophistication and appetite for risk

New Webcast Available: The new Corporate Insolvency and Governance Act 2020 - implications for financial institutions

High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence

The High Court has dismissed a claim brought by an investment company against a foreign exchange trading platform seeking to recover losses it suffered …

Legislating for LIBOR transition: UK/EU jurisdictional battle or complementary regimes?

Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” rule