Banking Litigation Notes

Court of Appeal clarifies jurisdiction to re-open settled unfair relationship claims under s.140A of the Consumer Credit Act 1974

High Court clarifies relevance of related regulated mortgage contracts in connection with unfair relationship claims under Consumer Credit Act

Court of Appeal dismisses judicial review challenge of FOS decision

High Court dismisses judicial review challenge of non-statutory FOS decisions

Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case

Administrative Court dismisses judicial review challenge of FOS "mortgage prisoner" decision

High Court finds no unfairness in bank's restructuring of loan arrangements

The FCA’s proposed new "Consumer Duty" – what does it mean?

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 …

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 takes view in test case on breach of statutory duty under s.138D FSMA, in the context of repeat borrowings and an alleged breach of CONC

The High Court has recently considered a test case under s.138D of the Financial Services and Markets Act 2000 (FSMA), in the context of alleged breaches …

High Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purpose