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Banking litigation update

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 21 2014

In this update we summarise some of the more important cases and developments affecting UK financial institutions over the first half of 2014

English Supreme Court rejects Green & Rowley’s permission to appeal application in its interest rate swap mis-selling case against RBS

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 17 2014

In our previous post we reported that, in Green & Rowley v RBS, the English Court of Appeal rejected the claimant's argument that RBS' common law

High Court refuses to strike out claim for negligent sale of interest rate hedging product on basis of limitation defence

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 22 2014

The High Court has refused to grant an application to strike out a claim relating to the alleged negligent sale of an interest rate hedging product

Supreme Court refuses permission to appeal in two misselling claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 20 2014

The Supreme Court has refused permission to appeal from two recent Court of Appeal judgments involving high-profile misselling claims against banks

United Kingdom Supreme Court: knowing recipients and dishonest assisters in fraudulent breaches of trust can rely on 6 year limitation period as a defence

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong, United Kingdom
  • -
  • April 28 2014

In a recent decision, Williams v Central Bank of Nigeria 2014 UKSC 10, a majority of the United Kingdom Supreme Court held that knowing recipients

High Court refuses to order bank to disclose its credit process guide

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 20 2014

A recently published decision of the High Court demonstrates that a court will examine closely whether a document comes within the test for standard

Supreme Court clarifies scope of limitation period applicable to claims for ‘dishonest assistance’ in a breach of trust

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 3 2014

In Williams v Central Bank of Nigeria (2014 UKSC 10, the Supreme Court has held that the statutory limitation period (under the Limitation Act

"Topping up" of Ombudsman awards through the courts not allowed: Court of Appeal overturns High Court decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 20 2014

The Court of Appeal has handed down an important judgment holding that complainants who had accepted a Financial Ombudsman Service ("FOS"

Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance knowing receipt

  • Herbert Smith Freehills LLP
  • -
  • Nigeria, United Kingdom
  • -
  • February 20 2014

Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered

IT & Outsourcing bulletin - a round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • February 4 2014

This IT and Outsourcing e-bulletin contains summaries of recent developments in law and regulation in the EU and the UK: 1. Government plans to