Banking Litigation Notes

Banking Litigation Yearbook and broader Disputes Yearbook for 2024

Court of Appeal finds lenders liable in motor finance broker commission cases

Court of Appeal allows secret commissions claim to proceed as representative action on "opt out" basis

Court of Appeal gives guidance on scope of fiduciary duty in "secret commissions" case

The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount …

Court of Appeal finds no contractual duty to prevent counterparty from inflicting economic harm on itself

A recent Court of Appeal decision has found that a broker owed no contractual duty to prevent a "sophisticated and experienced" trader (trading as a …

Clearing brokers' duties when exercising close out powers

In the current economic climate, brokers will find the decision of the High Court (UK) in Euroption of considerable interest, since it …