Banking Litigation Notes

LIBOR Transition: Is ARRC's Proposed Legislative Fix Constitutional?

In early March, 2020, the Alternative Reference Rates Committee (ARRC) in the US published a proposal for New York legislation to assist the transition …

High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an “ethically safe” work environment

Competing class actions in the Competition Appeal Tribunal: no preliminary ruling on carriage issue

In a recent ruling in the Forex litigation, the Competition Appeal Tribunal (CAT) has held that the question of which of two competing applicants can …

BANKING LITIGATION PODCAST EPISODE 16: MONTHLY UPDATE – MARCH / APRIL 2020

LIBOR transition: The risks of interim milestone delay for the cash market due to COVID-19

Court of Appeal upholds High Court contractual construction of CLO transaction

Biannual Banking Litigation Update: October 2019 – April 2020

ISDA pre-cessation fallback consensus: will this reduce legacy LIBOR risk in the derivatives market?

Commercial Court dismisses challenge to exercise of options in swap confirmations incorporating 2000 ISDA Definitions

LIBOR transition: What does the US regulator's proposed legislative fix mean for UK financial markets?

What does Lloyds/HBOS tell us about sections 90 and 90A of FSMA?

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law considering how the findings in …

Class actions against financial institutions: impact of High Court decision to order security for costs against a litigation funder

In a recent decision which will be welcomed by defendants to funded group litigation, including financial institutions, the High Court has ordered …