Banking Litigation Notes

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

High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctions

The High Court has refused to set aside or vary an order for standard disclosure where a defendant bank maintained that production of documents would …

Impact of Court of Appeal's privilege decision in Sports Direct v FRC for the financial services sector

Obtaining evidence from US-connected entities - US court decision widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

High Court orders Tesco to disclose SFO documents in s.90A FSMA shareholder class action

High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction

In a recent decision in the context of a judicial review, the High Court held that the SFO was able to compel a foreign company to produce documents …

Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now

The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian …

High Court decision supports orthodox view of litigation privilege

The High Court has found that documents prepared by the defendant in the course of an investigation into allegations by HMRC were protected by litigation …

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 …

Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy: Court orders disclosure of confidential SFO and client documents

The recent case management decision in Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy[2015] EWHC 3050 (TCC) considered an …

RBS's claim to privilege upheld in latest court battle with Property Alliance Group

In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …

Conflicts of interest and sufficiency of "ethical screens" (information barriers)

A recent decision of the Commercial Court has reinforced the high threshold professional firms must meet to persuade a court as to the adequacy of …