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Raiffeisen Zentralbank Osterreich AG v RBS plc 2010 EWHC 1392 (Comm)

Herbert Smith Freehills LLP
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United Kingdom
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July 15 2010

Mr Justice Clarke's recent decision in the Commercial Court is a further illustration of the court's reluctance to find implied representations or to go behind the terms of market standard banking documentation in circumstances where a sophisticated party has entered into an investment which has performed poorly and seeks redress from the bank which introduced it to the investment

Shah v HSBC: High Court clarifies bank's duties to customers when making SARs

Herbert Smith Freehills LLP
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United Kingdom
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May 22 2012

The High Court has clarified the extent to which banks are required to disclose information to their customers about whom they have made money laundering disclosures or have obligations to such customers which could expose them to liability in the event that the banks' money laundering disclosures causes loss to those customers

Bank unable to recover loss from negligent solicitors Haugesund Kommune and Anor v Depfa ACS Bank (Wikborg Rein as third party) No 2 2011 EWCA Civ 33

Herbert Smith Freehills LLP
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United Kingdom
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February 8 2011

BackgroundIn 2004 and 2005, Depfa Bank entered into swap contracts with two Norwegian Municipalities (the "Kommunes") whereby in effect the Kommunes borrowed substantial sums of money from Depfa

Haugesund Kommune and Narvik Kommune v Depfa ACS Bank

Herbert Smith Freehills LLP
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United Kingdom
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July 7 2010

Depfa ACS Bank, an Irish bank, (the "Bank") entered into two "zero coupon swap agreements" (the "Swaps") (so called because the Bank paid no interest on the agreements) with two Norwegian local authorities, Haugesund and Narvik (the "Kommunes"

Springwell a source of relief for financial institutions

Herbert Smith Freehills LLP
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United Kingdom
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November 4 2010

The Court of Appeal's decision earlier this week in Springwell v JP Morgan Chase Bank and ors 2010 EWCA Civ 1221 is the latest in a series of English judgments which have seen sophisticated investors struggle to make good damages claims against financial institutions in relation to poorly performing investments

Shah and anor v HSBC Private Bank (UK) Limited 2010 EWCA Civ 31

Herbert Smith Freehills LLP
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United Kingdom
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February 16 2010

In December 2009, Hamblen J gave a summary judgment in the case of Shah and Another v HSBC Private Bank (UK) Limited against Mr Shah (and his wife

Cassa di Risparmio della Repubblica di San Marino S.p.A. v Barclays Bank Ltd: when is a AAA rating more than a AAA rating?

Herbert Smith Freehills LLP
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United Kingdom
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March 31 2011

The recent High Court judgment in Cassa di Risparmio della Repubblica di San Marino S.p.A. v Barclays Bank Ltd 2011 EWHC 484 (Comm) will be welcomed by financial institutions who were involved in structuring and selling complex financial products such as collateralised debt obligations (CDOs) prior to the financial crisis

Search results

Raiffeisen Zentralbank Osterreich AG v RBS plc 2010 EWHC 1392 (Comm)

Shah v HSBC: High Court clarifies bank's duties to customers when making SARs

Bank unable to recover loss from negligent solicitors Haugesund Kommune and Anor v Depfa ACS Bank (Wikborg Rein as third party) No 2 2011 EWCA Civ 33

Haugesund Kommune and Narvik Kommune v Depfa ACS Bank

Springwell a source of relief for financial institutions

Shah and anor v HSBC Private Bank (UK) Limited 2010 EWCA Civ 31

Cassa di Risparmio della Repubblica di San Marino S.p.A. v Barclays Bank Ltd: when is a AAA rating more than a AAA rating?

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