Banking Litigation Notes

Judgment handed down in FCA’s COVID-19 business interruption insurance test case

The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch …

Redemption periods and liquidity mismatch in the investment funds market: the litigation risks

Securities class actions in England and Wales: the challenges for funders and a perspective from Australia

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the principal characteristics …

Impact of latest "SAAMCO" decision on financial services litigation

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

BANKING LITIGATION PODCAST EPISODE 20: MONTHLY UPDATE – AUGUST 2020

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 …