In this first episode of the FSR Brief, Jon Ford and Michael Tan discuss the latest developments with the Financial Conduct Authority's (FCA) consultation on transparency in investigations (CP24/2 Part 2). They discuss whether the changes to the FCA's "Public Interest Framework" go far enough to address the significant concerns raised in relation to the FCA's proposal to name firms under regulatory investigation.

In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Mark Tanner, Harriet Tolkien, Scott Warin, Catherine Bagge, Ariel Wiebe and Nora van Meerwijk.

You can find links to our blogs on the cases covered in this podcast below:

• High Court considers first LIBOR cessation test case: key implications for financial institutions
• High Court rejects "price/market reliance" for s.90A and Schedule 10A FSMA claims
• Court of Appeal finds lenders liable in motor finance broker commission cases
• High Court highlights four distinct categories of control in "ownership and control" test under UK sanctions regulations
• Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC
• Dutch Court of Appeal upholds appeal on landmark climate litigation case against Shell
• Representative actions under CPR 19.8: Settlement means key questions on funding and damages will have to wait
• Civil Justice Council publishes Interim Report and Consultation on Litigation Funding
• Class Actions radar: Scanning global trends and risks
• 2024 Global Bank Review - Adaptation: Change is the only constant
• The potential impact of the new UK Listing Rules on securities litigation

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In this special edition dispute resolution podcast, we take a practical look at what the UK government's recent ratification of the Hague 2019 Judgments Convention means for in-house counsel choosing between litigation and arbitration for an English law governed contract.

The episode draws together the hosts of three of our HSF podcasts – Vanessa Naish and Liz Kantor (arbitration), Maura McIntosh (commercial litigation) and Ceri Morgan (banking litigation) – to discuss the benefits Hague 2019 will bring to the enforcement of English judgments, how that compares to the enforcement position for arbitration awards, and the various factors that need to be weighed in the balance when choosing dispute resolution options.

Commercial litigation podcast series – Episode 25: Special edition on the Hague Judgments Convention 2019

The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Scott Warin.

You can find links to our blogs on the cases covered in this podcast below: 

• Court of Appeal considers whether default interest clause is an unenforceable penalty 
• Court of Appeal dismisses claim by participant against lender of record in a sub-participation arrangement
• High Court finds agent breached fiduciary duty in "half secret" commission case 
• High Court grants injunctions in favour of bank in context of syndicated loan dispute over payments withheld due to sanctions 
• High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes  
• The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution
• Banking litigation podcast episode 47: Sanctions special – July 2024

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In this edition of our banking litigation podcast, we have a special episode on the impact of sanctions on banks and financial institutions. We explore the current sanctions regime, Russian counter-sanctions measures as well as sanctions related litigation in the English courts. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Charlotte Benton, Alexander Gridasov, and Ali Grodzki.

You can find links to our blogs on the cases covered in this podcast below:
 

• Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the "ownership and control" test
• High Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers "ownership and control" test under UK sanctions
• High Court grants injunctions in favour of bank in context of syndicated loan dispute over payments withheld due to sanctions
• Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty’s offer of non-contractual performance
• Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime

 
Don't forget to subscribe to the banking litigation blog. 

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Charlotte Benton.

You can find links to our blogs on the cases covered in this podcast below:

• Court of Appeal finds payment obligations under letters of credit suspended by UK Russian sanctions regime
• Supreme Court upholds anti-suit injunction against Russian court
• Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty’s offer of non-contractual performance
• High Court strikes out APP fraud claims against receiving payment service provider
• Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment
• High Court refuses summary judgment where bank account frozen without notice

Don't forget to subscribe to the banking litigation blog.

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Mark Tanner.

You can find links to our blogs on the cases covered in this podcast below:

• High Court considers bank’s vicarious liability for fraudulent misrepresentations made by former employee
• High Court refuses Swiss bank’s jurisdiction challenge over declarations of enforceability of standby letters of credit
• High Court considers interpretation of English exclusive jurisdiction clause in trade finance documentation
• High Court considers novel app fraud “retrieval duty” claim against both sending and receiving PSPS
• Litigation funding: bill introduced to reverse effect of Paccar and civil justice council invited to review the sector
• Proposed new rule would radically expand public access to court documents
• Implications of sanctions against Russia on banking disputes in the UK 
• Biannual banking litigation update (Spring 2024)

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Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Of Counsel)

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nora van Meerwijk.

You can find links to our blogs on the cases covered in this podcast below:

• Court of Appeal overturns High Court’s high-profile Italian swaps decision
• High Court confirms debtor must prove illegality where payment withheld as a result of sanctions
• High Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers “ownership and control” test under UK sanctions
• Court of Appeal allows secret commissions claim to proceed as representative action on “opt out” basis
• CPR 19.8 representative action: “bifurcated process” adopted in claim by bank against representative defendant
• High Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as “opt-in” procedure
• Supreme Court confirms key elements of claim in knowing receipt in failed claim against bank

Don't forget to subscribe to the banking litigation blog.

In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Mark Tanner, Charlotte Benton, Scott Warin, Tom Wyer, Catherine Bagge and Janelle Chang.

You can find links to our blogs on the cases covered in this podcast below:

• High Court refuses interim payment application in Russian sanctions-related litigation
• High Court finds that lender suffered no loss despite negligent valuation of security
• Privy Council considers Norwich Pharmacal and Bankers Trust disclosure orders against banks
• Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action
• Trilogy of decisions shows English courts’ approach to granting anti-suit injunctions in support of foreign-seated arbitrations
• High Court confirms that conscious "awareness" of a representation is an essential (and distinct) element to a claim for misrepresentation

Don't forget to subscribe to the banking litigation blog.

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Charlotte Benton. 

You can find links to our blogs on the cases covered in this podcast below:

• High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors
• Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the “ownership and control” test
• Sanctions tracker – new UK guidance following Mints decision on ownership and control
• Correspondence about possibility of ADR was not “without prejudice” despite being marked as such
• Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996
• High Court rules on common law enforceability of foreign judgment in E&W
• Regime of fixed recoverable costs now in force for claims up to £100,000

Don't forget to subscribe to the banking litigation blog.

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Scott Warin. 

You can find links to our blogs on the cases covered in this podcast below: 

• The Supreme Court’s judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments
• High Court confirms refusal of permission for ClientEarth derivative action against Shell directors
• High Court refuses permission to continue derivative claim against bank as an alleged shadow director
• Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable
• UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector
• English Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case

 Don't forget to subscribe to the banking litigation blog.