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Market turmoil in 2008 unexpected, but bank liable for losses because customer sought risk-free investment back in 2005
  • Borden Ladner Gervais LLP
  • United Kingdom
  • October 17 2012

Adrian Rubenstein wanted to park the proceeds from the sale of his house in a risk-free investment for a year, while he and his wife looked for another house

SEC has jurisdiction over investments in Bitcoin
  • Borden Ladner Gervais LLP
  • United Kingdom, Canada
  • August 30 2013

Bitcoin is 'an electronic form of currency unbacked by any real asset', the supply of which is 'based on an algorithm which structures a

If another party doesn't sign the composite joint-and-several guarantee, are you bound by it?
  • Borden Ladner Gervais LLP
  • United Kingdom
  • August 19 2013

It depends, said the English Court of Appeal in Harvey v Dunbar Assets plc, 2013 EWCA Civ 952. Harvey and three others agreed to guarantee the

A bank's innocent mishandling of a client's funds subject to a Mareva injunction freezing order leads to a finding of contempt of court
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • April 4 2008

A recent English decision highlights the danger that even a well-intentioned financial institution may face if it fails to strictly obey a Mareva injunction order freezing the accounts of one of its clients

Investment adviser negligent but losses not foreseeable so no damages
  • Borden Ladner Gervais LLP
  • United Kingdom
  • July 10 2012

The plaintiff in Rubinstein v HSBC Bank plc (QB, 2012) invested 1.25 million at HSBC in 2005, telling his adviser he wanted to do so at ‘no risk’

Bank not liable for alleged misrepresentation about credit rating
  • Borden Ladner Gervais LLP
  • United Kingdom
  • February 27 2013

The Gatts owned Melksham Court, a multi-million pound house in a posh part of Gloucestershire. They applied to the Bank of Scotland (BoS) for a

Beware the boilerplate: unused definition leads to unintended consequences
  • Borden Ladner Gervais LLP
  • United Kingdom
  • January 19 2012

Rayford Homes granted security to two lenders, its trustee shareholder and the Bank of Scotland (BoS

Bank seeks direction on dealing with funds in Libyan embassy account
  • Borden Ladner Gervais LLP
  • Libya, United Kingdom
  • October 17 2011

One of the customers of British Arab Commercial Bank (BACB) is the Libyan embassy in London, which has large amounts on deposit with the bank

Lehman derivatives transaction did not run afoul of fraudulent conveyance rules, says UKSC
  • Borden Ladner Gervais LLP
  • United Kingdom
  • September 29 2011

In 2002 a European subsidiary of Lehman Brothers created a complicated synthetic debt structure called Dante, which was intended to provide credit insurance for another subsidiary, LBSF, against credit events affecting certain reference entities, the obligations of which formed the reference portfolio

Proceedings with a legitimate purpose and an illegitimate collateral purpose: what is a court to do?
  • Borden Ladner Gervais LLP
  • Kazakhstan, United Kingdom
  • February 9 2012

JSC BTA Bank (controlled, since entering receivership, by the government of Kazakhstan) sought to recover $1.8 billion in assets allegedly misappropriated by Mukhtar Ablyazov during his tenure as chairman of the bank