Banking Litigation Notes

Court of Appeal resolves redemption dispute concerning £3.3bn "coco" notes by reference to their commercial purpose

LBG Capital No. 1 plc & Anor v BNY Mellon Corporate Trustee Services Limited [2015] EWCA Civ 1257: In an interesting contractual interpretation …

Court of Appeal considers contractual interpretation of successive facility letters: variation, replacement or restatement?

The recent case of Urban Ventures Limited v The Black Ant Company Limited (in Administration) and Ors [2016] EWCA Civ 30 considered the …

Drafting contracts: key lessons learned from 2015

Our corporate team's annual contract law update considers a number of interesting contract law cases which highlight key points for those involved in …

Banking Litigation Update

Thornbridge Limited v Barclays Bank: Confirmation of the court's current approach to IRHP mis-selling claims is good news for financial institutions

The latest in a recent line of judgments on interest rate hedging product ("IRHP") mis-selling, Thornbridge Limited v Barclays Bank plc [2015] …

Edward Astle v CBRE: Application of the SAAMCO principle to negligent valuations in information memoranda

The recent case of Edward Astle & Ors v CBRE Ltd (and related actions) [2015] EWHC 3189 (Ch) considers South Australia Asset …

Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy: Court orders disclosure of confidential SFO and client documents

The recent case management decision in Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy[2015] EWHC 3050 (TCC) considered an …

Sharp & Ors v Blank & Ors: Directors' duties owed to company not shareholders when seeking shareholder approval for transaction

FCA v Da Vinci: FSA uses court proceedings for the first time to obtain both financial penalties and permanent injunctions against a firm in a case of alleged market abuse

RBS's claim to privilege upheld in latest court battle with Property Alliance Group

In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …

Supreme court clarifies scope of "Assets" covered by a Freezing Order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …

Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts

The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word …