Banking Litigation Notes

Operational Resilience: respond, enhance, thrive

The evolution of Class Actions in South Africa

In an article published on our global class actions hub, Jonathan Ripley-Evans and Fiorella Noriega del Valle of our Johannesburg …

High Court considers distinction between liability for dishonest assistance and knowing receipt in failed claim against bank

Supreme Court judgment in KBR v SFO appeal: detailed briefing published

As reported in our previous blog post, the Supreme Court has handed down judgment in a keenly anticipated case concerning the scope of extraterritorial …

LIBOR transition: What is a "safe harbour" and why does the UK’s legislative toolkit need one?

Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care

Final EU legislative fix for legacy LIBOR: impact on transition risk for UK entities

Supreme Court rules SFO cannot compel foreign company to produce documents held overseas

Mass litigation in Spain: between joinder of claims and class actions

We are continuing to monitor global trends in class actions that are likely to be of interest to financial institutions, particularly in light of the …

Financial product mis-selling claims against banks: the increasing willingness of the English courts to strike out allegations of fraud in “appropriate” cases

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking …

High Court dismisses disclosure application by a group of unidentified investors on the grounds that it amounted to a “fishing expedition”

The High Court has dismissed an application by a group of unidentified investors for Norwich Pharmacal relief (or, alternatively, pre-action disclosure …