On 1 November 2010 the Court of Appeal handed down judgment in Springwell v JP Morgan Chase Bank and ors [2010] EWCA Civ 1221. This 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. The cases demonstrate that the English courts will seek to uphold market standard contractual documentation used by financial institutions in such transactions which seeks to limit the circumstances in which representations can be said to arise and which aims to operate as a contractual estoppel preventing investors from being able to pursue such claims.

For more details see our banking litigation e-bulletin dated 4 November.