Banking Litigation Notes

BANKING LITIGATION PODCAST EPISODE 23: MONTHLY UPDATE – DECEMBER 2020 (CHRISTMAS SPECIAL!)

Shaping the boundaries of collective redress in Germany - a glimpse of the future under an EU representative action regime?

A recent judgment handed down by Germany's highest civil court will be of interest to financial institutions concerned about so-called class action …

High Court dismisses unconscionable bargain and lawful act economic duress defences raised in context of lender’s claim

Climate-related disclosures for issuers: next steps from UK financial regulators outlined

This month, there have been some significant regulatory announcements in relation to climate-related disclosures. These announcements are a result of the …

High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements

The High Court has granted a claim brought by a bank against two companies (and the managing director of one of them) to recover outstanding sums due …

US Sanctions and the right of borrowers to withhold repayment: Commercial Court signals return to orthodoxy

High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims?

The High Court has struck out the claims of over 200,000 claimants against two companies in a group of companies (domiciled in England and Australia …

Class action reform in France: Necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will …

Supreme Court rejects illegality defence to claim where claimant had engaged in an illegal act (mortgage fraud)

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a negligence claim in relation to the property …

BANKING LITIGATION PODCAST EPISODE 22: MONTHLY UPDATE – OCTOBER/NOVEMBER 2020

Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract

In a decision earlier this year, the Commercial Court considered the impact of a force majeure clause on a repayment obligation in a contract for the …

LIBOR transition measures in the new Financial Services Bill: the legal framework, market impact and risks