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Banking Litigation Update - February 2016
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • February 3 2016

We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial


Banking Review: what's coming up in 2016 and a review of the top cases from 2015
  • Herbert Smith Freehills LLP
  • European Union, Hong Kong, United Kingdom
  • January 19 2016

From legislation affecting non-assignment clauses in business-to-business contracts relating to receivables to the ban on “Big Four” auditor clauses


Thornbridge Limited v Barclays Bank: confirmation of the Court's current approach to IRHP mis-selling claims is good news for financial institutions
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 5 2016

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


Corporate Crime Update - December 2015 - United Kingdom Europe
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • December 22 2015

A UK Court has approved a Deferred Prosecution Agreement (DPA) between the SFO and Standard Bank Plc over an alleged failure to prevent bribery


Edward Astle v CBRE: application of the SAAMCo principle to negligent valuations in information memoranda
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 8 2015

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


Supreme Court clarifies scope of “assets” covered by a freezing order
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 27 2015

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


Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 22 2015

The recent decision of the High Court in Worthing and Another v Lloyds Bank plc 2015 EWHC 2836 (QB) provides helpful clarification for financial


Goldman Sachs & Ors v Novo Banco: Commercial Court considers the recast Brussels Regulation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 7 2015

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 first


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
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 28 2015

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


Can one contract into the Consumer Credit Act 1974?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 3 2015

From 1998 to 2008 the Consumer Credit Act 1974 only applied to agreements to lend consumers less than £25,000. The financial limit was removed