We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 273

A cautionary Tael Supreme Court decision on LMA secondary trade documents Tael One Partners Limited v Morgan Stanley co international plc
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 16 2015

The Tael case concerns LMA secondary trading documentation, and specifically the allocation of a payment premium between the buyer and seller. After


Broker breached fiduciary duty by not disclosing sum of commission received
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 24 2015

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


UK: bank exercising a right of forced sale did not have a duty to obtain the best price reasonably obtainable
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 23 2015

The High Court has found that a Bank which had exercised a right of forced sale over an asset was not under a duty by way of an implied term to take


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


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


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


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