Banking Litigation Notes

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

High Court refuses Tesco's strike out application in s.90A FSMA group shareholder action

Biannual Banking Litigation Update: April 2019 - October 2019

Obtaining evidence from US-connected entities - US court decision widens the scope

The US Court of Appeals for the Second Circuit has handed down a decision that potentially increases the scope for parties in non-US legal proceedings to …

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

HERBERT SMITH FREEHILLS LAUNCHES NEW PODCAST CHANNEL DEDICATED TO FINANCIAL SERVICES LITIGATION AND REGULATION

BANKING LITIGATION PODCAST EPISODE 10: MONTHLY UPDATE - SEPTEMBER 2019

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 endorses use of CPR Part 86 interpleader application by financial services firm seeking court guidance

The High Court has endorsed the use of an interpleader application pursuant to CPR Part 86 by a financial services firm seeking guidance from the court …

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 …

Banking Litigation Podcast Episode 9: Monthly Update – August 2019

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