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Results: 1-10 of 92

Market abuse update

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, France, Hong Kong, United Kingdom, USA
  • -
  • December 15 2014

The FCA has continued to build on the strong track record of civil and criminal enforcement action against abusive conduct and manipulation, notably

Court of Appeal explores ambit of the without prejudice rule

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 8 2014

The Court of Appeal has recently held that certain correspondence marked “without prejudice” was admissible in evidence despite this label, because

High Court agrees FOS was not required to stay determination of complaints pending resolution of a related dispute

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 8 2014

The High Court has refused an application for judicial review of the FOS by three IFAs who argued that the FOS ought to have stayed its determination

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