Banking Litigation Notes

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 …

High Court finds no implied contractual duties in connection with past business review

Is coronavirus likely to be a valid basis for avoiding contractual obligations?

The Bank of England's attempts to "turbo-charge" LIBOR transition in the cash markets: will these increase or decrease the litigation risks?

Court of Appeal confirms funders’ adverse costs liability not limited to amount of funding provided: Arkin “cap” not a binding rule

BANKING LITIGATION PODCAST EPISODE 15: MONTHLY UPDATE - FEBRUARY 2020

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

High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no "relational contract" and rejecting claims for intimidation and economic duress

The High Court has dismissed the most recent claim to reach trial arising from the actions taken by a lending bank’s restructuring unit following a …