Banking Litigation Notes

Redemption periods and liquidity mismatch in authorised open-ended property funds: regulatory update and litigation risks

High Court strikes out time-barred claims holding that banks did not deliberately conceal facts so as to extend the limitation period

Court of Appeal decision in Adams v Options: the meaning of “advice” and potential implications for financial product mis-selling claims

Court of Appeal confirms that the Quincecare duty does not extend to protect creditors

BANKING LITIGATION PODCAST EPISODE 25: SPECIAL EDITION – THE QUINCECARE DUTY OF CARE

Hong Kong court refuses to expand scope of Quincecare duty

EU Advocate General considers interpretation of Prospectus Directive in relation to an issuer’s liability for a prospectus marketed to both retail and qualified investors

Climate-related disclosures for issuers: further steps towards mandatory requirements?

In November 2020, the UK Joint Government Regulator TCFD Taskforce published its “roadmap towards mandatory climate-related disclosures”, which set out a …

Court of Appeal clarifies requirements for establishing deliberate concealment to postpone limitation period

The Court of Appeal has found that a defendant creditor could not rely on a limitation defence to a borrower’s claim that its non-disclosure of a …

Court of Appeal rejects all claims relating to transfer of property portfolio to lender’s restructuring unit following borrower default

Interesting New York court decision provides warning for financial institutions in relation to possible retention by recipients of mistaken payments

On 16 February 2021, Judge Jesse Furman of the United States District Court for the Southern District of New York ruled, in a 105-page decision, that …

High Court considers distinction between liability for dishonest assistance and knowing receipt in failed claim against bank