Banking Litigation Notes

CBRE Loan Servicing v Gemini: High Court applies key principles of contractual interpretation to CMBS documentation

Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice

Goldman Sachs & Ors v Novo Banco: Commercial Court considers Recast Brussels Regulation

The recent decision of the Commercial Court in Goldman Sachs International and Others v Novo Banco S.A.[2015] EWHC 2371 (Comm) is one of the …

Wood v Sureterm: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation

The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further …

FCA past business reviews: what duties, if any, do financial institutions owe directly to customers? High Court finds no contractual obligations, but tortious duties are arguable

The recent and somewhat surprising decision of the High Court in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB) is important …

Marshall v Barclays Bank plc: High court strikes out claim for mis-selling of an interest rate hedging product on the basis of a pre-existing settlement agreement

Gary Ronald Marshall v Barclays Bank plc [2015] EWHC 2000 (QB) concerns an application by Barclays Bank plc ("Barclays") to strike out or obtain …

Banking Litigation Update

Herbert Smith Freehills LLP contributes chapters to the recently published first edition of the Securities Litigation Review

The Securities Litigation Review is described in the Editor's Preface as a "guided introduction to the international varieties of enforcing rights …

Broker breached fiduciary duty by not disclosing sum of commission received

The Court of Appeal has held that a credit broker was in a fiduciary relationship with borrowers, with the consequence that the broker breached its …

Bank exercising a right of forced sale did not have a duty to obtain the best price reasonably obtainable

(1) Rosserlane Consultants Ltd, (2) Swinbrook Developments Ltd v Credit Suisse International [2015] EWHC 384 (Ch) The High Court has found that a Bank …

Drafting contracts: key lessons from 2014

In this briefing we look at the lessons to be learnt from some of the key English contract law cases of 2014. We have given a brief summary of each …

Banking Litigation Update