Banking Litigation Notes

WW Property Investments Limited v National Westminster Bank Plc: Court of Appeal refuses permission for addition of claims regarding LIBOR manipulation

The case concerned an application by the claimant for permission to appeal a decision of the High Court to strike out the entirety of the claim …

Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967

The recent decision of the Court of Appeal in Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA …

O'Hare v Coutts: High Court dismisses mis-selling claim and clarifies standard of care required of financial advisors

High Court rejects claim that dealings between bank and client went beyond an ordinary arm's length bank-client relationship

The High Court has rejected the argument that dealings between Goldman Sachs ("GSI") and the Libyan Investment Authority ("LIA") crossed the line from an …

Banking Litigation Update

Commercial Court finds commitment letter unsigned by one party to be legally binding

The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c)[2016] EWHC 1575 (Comm), serves as …

Alexander v West Bromwich Mortgage Company Ltd: when can lenders rely on contradictory mortgage conditions?

In Alexander v West Bromwich Mortgage Company Ltd[2016] EWCA Civ 496, the Court of Appeal considered the right of a lender to rely on standard term …

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 …