Banking Litigation Notes

Qadir v Barclays: High Court gives helpful guidance on limitation periods in IRHP mis-selling litigation

Following a series of decisions considering similar issues, the High Court has again granted a bank's application to strike out an interest rate hedging …

Court of Appeal gives guidance for bankers' references: what to include in a request for reference and the circumstances in which liability may be avoided

The recent decision of the Court of Appeal in Playboy Club London Ltd & Ors v Banca Nazionale Del Lavoro SPA [2016] EWCA Civ 457 is an …

The price of changing experts: disclosure of privileged report

In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after …

Windermere VII: Financial List provides guidance of wider market significance on the rights attaching to class X notes in a CMBS structure

A recent decision (heard in the Financial List) in Hayfin Opal Luxco 3 S.A.R.L. & Anor v Windermere VII CMBS plc & Ors [2016] EWHC 782 …

CGL Group v RBS: No Suremime-type duty of care owed directly to customer in connection with past business review

Six months after the High Court's surprising judgment in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB), the recent decision …

Deutsche Bank v Unitech: Borrowers seeking rescission for alleged LIBOR manipulation must be prepared to pay the full loan amount outstanding before trial

The Court of Appeal’s recent judgment in Deutsche Bank AG v Unitech Ltd [2016] EWCA Civ 119 will be welcomed by lenders seeking to recover …

Suresh Sivagnanam v Barclays Bank: High Court limits shareholders seeking a second bite of the cherry in IRHP mis-selling cases

Property Alliance Group v RBS transferred to the financial list: top tips for parties wishing to successfully transfer proceedings

The recent decision in Property Alliance Group Limited v Royal Bank of Scotland plc [2016] EWHC 207 (Ch) provides helpful early guidance …

Court of Appeal resolves redemption dispute concerning £3.3bn "coco" notes by reference to their commercial purpose

LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation …

Court of Appeal considers contractual interpretation of successive facility letters: variation, replacement or restatement?

The recent case of Urban Ventures Limited v The Black Ant Company Limited (in Administration) and Ors [2016] EWCA Civ 30 considered the …

Drafting contracts: key lessons learned from 2015

Our corporate team's annual contract law update considers a number of interesting contract law cases which highlight key points for those involved in …

Banking Litigation Update