Banking Litigation Notes

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case

The Court of Appeal has upheld the High Court’s decision to grant summary judgment in favour of a bank defending a claim brought by a foreign exchange …

High Court refuses to grant summary judgment based on contractual interpretation of Argentinian government bonds

The High Court’s recent judgment in Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) is an …

High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence

The High Court has dismissed a claim brought by an investment company against a foreign exchange trading platform seeking to recover losses it suffered …

Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions

High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes

The High Court has held that personal guarantees signed by the chairman and sole shareholder of a borrower company were enforceable, dismissing arguments …

High Court gives guidance on availability of summary judgment and frustration in contractual disputes

Court of Appeal upholds High Court contractual construction of CLO transaction

Commercial Court dismisses challenge to exercise of options in swap confirmations incorporating 2000 ISDA Definitions

High Court finds no implied contractual duties in connection with past business review

Is coronavirus likely to be a valid basis for avoiding contractual obligations?

High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no "relational contract" and rejecting claims for intimidation and economic duress

The High Court has dismissed the most recent claim to reach trial arising from the actions taken by a lending bank’s restructuring unit following a …