Banking Litigation Notes

Edward Astle v CBRE: Application of the SAAMCO principle to negligent valuations in information memoranda

The recent case of Edward Astle & Ors v CBRE Ltd (and related actions) [2015] EWHC 3189 (Ch) considers South Australia Asset …

Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy: Court orders disclosure of confidential SFO and client documents

The recent case management decision in Harlequin Property (SVG) Ltd and Another v Wilkins Kennedy[2015] EWHC 3050 (TCC) considered an …

Sharp & Ors v Blank & Ors: Directors' duties owed to company not shareholders when seeking shareholder approval for transaction

FCA v Da Vinci: FSA uses court proceedings for the first time to obtain both financial penalties and permanent injunctions against a firm in a case of alleged market abuse

RBS's claim to privilege upheld in latest court battle with Property Alliance Group

In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …

Supreme court clarifies scope of "Assets" covered by a Freezing Order

In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …

Jurisdiction clause in derivatives contract interpreted as granting exclusive jurisdiction to English courts

The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word …

CBRE Loan Servicing v Gemini: High Court applies key principles of contractual interpretation to CMBS documentation

Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice

Goldman Sachs & Ors v Novo Banco: Commercial Court considers Recast Brussels Regulation

The recent decision of the Commercial Court in Goldman Sachs International and Others v Novo Banco S.A.[2015] EWHC 2371 (Comm) is one of the …

Wood v Sureterm: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation

The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further …

FCA past business reviews: what duties, if any, do financial institutions owe directly to customers? High Court finds no contractual obligations, but tortious duties are arguable

The recent and somewhat surprising decision of the High Court in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB) is important …