Banking Litigation Notes

High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty

High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty

High Court decides contractual discretion to make margin call is subject to implied duty of rationality, even when express duty to act reasonably

High Court refuses customer's interim mandatory injunction application to unfreeze bank account

High Court considers enforcement of security by way of appropriation under the Financial Collateral Arrangements (No 2) Regulations 2003 (FCARs)

High Court finds lender's exercise of absolute contractual right is not subject to implied Braganza duty

High Court considers application of COBS and Braganza duty to close out of trading account

High Court considers termination and enforcement of security rights in context of default on loan agreement

High Court considers exercise of contractual discretion to close out a customer's position

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 …

Commercial Court considers contractual discretion of bank to close customer account without notice where there is suspicion of money laundering

Important High Court guidance on the limits of determining party's discretion when calculating Loss under the 1992 ISDA Master Agreement