Banking Litigation Notes

Supreme Court allows appeal in jurisdictional challenge relating to parent company duty of care

High Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individuals

Climate-related disclosures for issuers: FCA publishes final rules

The Financial Conduct Authority (FCA) has published a Policy Statement (PS20/17) and final rules and guidance in relation to climate-related …

High Court considers entitlement of investment firm to terminate Bitcoin trading account due to alleged money laundering concerns

The High Court has found in favour of a claimant investor in a dispute arising from the termination of her Bitcoin trading account with an online trading …

High Court provides further insights on the risks of Quincecare claims against banks

High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not apply

Shaping the boundaries of collective redress in Germany - a glimpse of the future under an EU representative action regime?

A recent judgment handed down by Germany's highest civil court will be of interest to financial institutions concerned about so-called class action …

High Court dismisses unconscionable bargain and lawful act economic duress defences raised in context of lender’s claim

Climate-related disclosures for issuers: next steps from UK financial regulators outlined

This month, there have been some significant regulatory announcements in relation to climate-related disclosures. These announcements are a result of the …

High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements

The High Court has granted a claim brought by a bank against two companies (and the managing director of one of them) to recover outstanding sums due …

High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims?

The High Court has struck out the claims of over 200,000 claimants against two companies in a group of companies (domiciled in England and Australia …

Supreme Court rejects illegality defence to claim where claimant had engaged in an illegal act (mortgage fraud)

The Supreme Court has held that a claimant who had engaged in mortgage fraud was not barred from bringing a negligence claim in relation to the property …