Banking Litigation Notes

Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care

COURT OF APPEAL JUDGMENT ON SCOPE AND EXCLUSION OF 'QUINCECARE' DUTY OF CARE

High Court finds terms of English law Facility Agreement allowed borrower to withhold interest payments given risk of US "secondary" sanctions

In a recent decision, the High Court has found that the terms of a Facility Agreement governed by English law allowed the borrower to withhold payment of …

High Court finds in favour of Lehman administrator in respect of US $7 million trade error and implies term into otherwise "unworkable" debt security trade agreement

A recent High Court decision has found that it was necessary to imply a term into an otherwise unworkable debt security trade agreement: Lehman Brothers …

Court of Appeal clarifies test for rectifying terms of written contract for common mistake

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

Commercial Court adopts broad interpretation of investment bank fee clause in equity and debt finance raising

Applying a commercial approach to the fees payable under an engagement agreement, the Commercial Court recently decided in favour of the claimant …

High Court confirms LMA anti set-off clause applies to equitable set-off

On a recent summary judgment application, the High Court has given effect to an anti set-off clause on standard Loan Market Association ("LMA") terms to …

Commercial Court grants summary judgment in favour of defendant bank in FX de-pegging case

Court of Appeal confirms ISDA 1995 Credit Support Annex does not provide for payment of 'negative' interest

The Court of Appeal has upheld the High Court's decision that 'negative interest' is not payable by a Transferor of cash collateral under the standard …

High Court applies contractual interpretation principles in collateralised loan obligation transaction

Letters of Instruction: Banks' liability to third parties clarified by Court Of Appeal

The Court of Appeal has held that a letter of instruction ("LOI") between a bank and its customer conferred a benefit on third party investors. The …