Banking Litigation Notes

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called “test case”

High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim

Supreme Court decision gives further clarity on claims by distressed companies against directors

What the Crypto Winter means for insolvency

Court of Appeal considers tests for "blind-eye" knowledge and vicarious liability in the context of a dishonest assistance claim

High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme

High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative

New Webcast Available: The new Corporate Insolvency and Governance Act 2020 - implications for financial institutions

Proposed insolvency reforms: impact on secured and unsecured bank debt

The new Corporate Insolvency and Governance Bill, currently expected to be enacted in mid-June 2020, is likely significantly to impact secured …

High Court upholds strike out of claim based on allegation a financial institution breached fiduciary duties as a shadow director of its customer

In a recent decision the High Court has held that a financial institution which is alleged to have been a shadow director of its customer will not be …

High Court confirms potential liability of creditors for breaches of duty by administrators

The decision in Davey v Money & Anor [2018] EWHC 766 (Ch) serves as a useful reminder for secured creditors (such as banks) of the …

UK Supreme Court clarifies the "balance-sheet" insolvency test

BNY Corporate Trustee Services Limited v Eurosail-UK 2007-3BL PLC [2013] UKSC 28 The Supreme Court has delivered a …