Follow

Banking Litigation Notes Blog

Articles: 1-10 of 127

The UK’s LIBOR safe harbour legislation: a missed opportunity?

United Kingdom - September 8 2021 The Critical Benchmarks (References and Administrators’ Liability) Bill (Bill) was today introduced to the UK Parliament and the first reading took…

Supreme Court clarifies requirements for tort of lawful act economic duress

United Kingdom - August 19 2021 The Supreme Court has dismissed an appeal against a Court of Appeal decision which found that a contract should not be rescinded on the basis of…

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

United Kingdom - August 16 2021 The High Court has granted an application by a claimant state for orders that the defendant bank disclose an Accounting firm’s investigation report…

Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholders

United Kingdom - August 11 2021 The Board of the Privy Council has allowed an appeal in relation to the application of the so-called “reflective loss” principle, confirming that the…

HMT reform of prospectus regime: the potential impact on securities litigation

United Kingdom - July 19 2021 HM Treasury (HMT) has published an initial consultation on fundamental reforms promising the biggest shake up of the Prospectus regime since 2005…

Court of Appeal provides guidance on the “reflective loss” principle and its interaction with the Contracts (Rights of Third Parties) Act 1999

United Kingdom - July 6 2021 The Court of Appeal has held that the so-called “reflective loss” principle will not bar the claim of a shareholder, who is also a contractual…

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

United Kingdom - July 5 2021 The Court of Appeal has allowed an appeal by a purchaser in the context of its claim for damages for fraudulent misrepresentation against the sellers…

High Court refuses to apply the so-called Arkin “cap” to adverse costs order against litigation funder

United Kingdom - June 24 2021 In one of the first decisions to consider the application of the so-called Arkin “cap” following the Court of Appeal’s decision in Chapelgate Master…

Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisers

United Kingdom - June 23 2021 In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191…

Court of Appeal considers tests for “blind-eye” knowledge and vicarious liability in the context of a dishonest assistance claim

United Kingdom - June 15 2021 The Court of Appeal has ordered the re-trial of a dishonest assistance claim by insolvent companies and their respective liquidators against a bank…