Banking Litigation Notes

High Court considers bank's vicarious liability for fraudulent misrepresentations made by former employee

Litigation funding agreement may be enforceable in part despite PACCAR decision

Court of Appeal confirms reflective loss rule will bar claims of former shareholders of a dissolved company because the principle must be determined at time of alleged loss

Court of Appeal considers approach to damages for deceit claims

High Court strikes out shareholders' claim barred by the reflective loss rule

Court of Appeal rejects novel argument that fraud victims should give credit for the "time value" of cash received as part of a fraudulent transaction

Privy Council confirms that the so-called "reflective loss" principle applies to ex-shareholders

Court of Appeal provides guidance on the "reflective loss" principle and its interaction with the Contracts (Rights of Third Parties) Act 1999

Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentation

High Court strikes out “paradigm” claim for reflective loss in the context of allegedly negligent advice on an IPO

High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex

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 …