Banking Litigation Notes

FSB Report: Supervisory issues associated with benchmark transition: major LIBOR transition risks

Lloyds/HBOS Litigation: Consequentials Judgment

Mr Justice Norris has now handed down judgment following the consequentials hearing in the landmark Lloyds/HBOS Litigation: Sharp & Ors v Blank & …

Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions

High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes

The High Court has held that personal guarantees signed by the chairman and sole shareholder of a borrower company were enforceable, dismissing arguments …

UK Government announces LIBOR legislative fix: summary of proposals and our initial observations

BoE confirms daily publication of SONIA compounded index from August 2020: impact on new vs legacy cash products

The latest development in the Bank of England's (BoE) attempts to support the adoption of SONIA in cash products - and to speed up the transition away …

Our new publication: COVID-19 Contract Disputes Guide

Herbert Smith Freehills contributes chapter to The Securities Litigation Review (6th Edition)

Herbert Smith Freehills have contributed the England and Wales chapter of The Securities Litigation Review. Now in its sixth edition, The Securities …

High Court gives guidance on availability of summary judgment and frustration in contractual disputes

Privilege in the context of regulatory investigations: latest guidance from the High Court

High Court takes expansive view of when reference to legal advice may result in broader waiver

The High Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions that were …

Litigation funder fails in attempt to obtain trading data from the London Stock Exchange