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We have published our latest Banking Litigation Update, summarising some of the more important UK cases and developments affecting financial institutions since our last update in February 2013, including:

MIS-SELLING CLAIMS

  • Individual fails in large mis-selling claim
  • The application of COB suitability requirements to leverage
  • Interest rate hedging products claims
  • Topping up FOS awards through the courts

LIBOR

  • LIBOR private claims - test case update

CONTRACTUAL CONSTRUCTION

  • Court of Appeal comments on the role of 'business common sense' in contractual construction
  • Court analyses with precision the capacity in which parties are acting under the contract

OTHER SIGNIFICANT DECISIONS

  • Duties owed by a bank acting as agent under a facility agreement
  • Supreme Court considers the tests for insolvency
  • Making decisions in a 'commercially reasonable' manner
  • Corporate veil can be pierced in some circumstances
  • Brokers' duties in closing out client positions

LITIGATION PROCEDURE

  • Post-Jackson strict case management begins to bite
  • Proposed extension of costs budgeting requirements

Click here to read the Update.

Key contacts

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Rupert Lewis

Partner, Head of Banking Litigation, London

Rupert Lewis
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Chris Bushell

Partner, London

Chris Bushell
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Ceri Morgan

Knowledge Counsel, London

Ceri Morgan
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Nihar Lovell

Knowledge Lawyer, London

Nihar Lovell