Banking Litigation Notes

Herbert Smith Freehills launches new banking litigation blog

Commercial Court grants summary judgment in favour of defendant bank in FX de-pegging case

Commercial Court gives guidance on definition of 'consumer' under Recast Brussels Regulation in cryptocurrency futures trading case

Banking Litigation Podcast Episode 6: Monthly Update – May 2019

Court of Appeal finds ISDA jurisdiction clause trumps competing clause in related contract

The Court of Appeal's judgment in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA provides further assurance that jurisdiction …

Court of Appeal confirms ISDA 1995 Credit Support Annex does not provide for payment of 'negative' interest

The Court of Appeal has upheld the High Court's decision that 'negative interest' is not payable by a Transferor of cash collateral under the standard …

Bi-annual Banking Litigation Update: October 2018 – April 2019

Banking Litigation Podcast Episode 5: Monthly update – April 2019

High Court applies contractual interpretation principles in collateralised loan obligation transaction

Letters of Instruction: Banks' liability to third parties clarified by Court Of Appeal

The Court of Appeal has held that a letter of instruction ("LOI") between a bank and its customer conferred a benefit on third party investors. The …

Banking Litigation Podcast EP4: SPECIAL EDITION – LIBOR discontinuation litigation risks

Court of Appeal emphasises the need to plead conspiracy claims in full