In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Amel Fenghour. You can find links to our blog posts on the cases covered in this podcast below: Supreme Court clarifies proper approach to SAAMCO and to determining scope of duty of care owed by professional advisersCourt of Appeal provides guidance on the “reflective loss” principle and its interaction with the Contracts (Rights of Third Parties) Act 1999Court of Appeal clarifies proper approach to assessing damages for fraudulent misrepresentationEuropean Commission notice to Lugano Depositary states EU not in a position to consent to UK accessionHMT reform of prospectus regime: the potential impact on securities litigation Don&apos;t forget to subscribe to the banking litigation blog.

Financial Services Disputes & Regulation

Banking Litigation Podcast Episode 28: Monthly update - July/August 2021

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Annabel Davis. You can find links to our blog posts on the cases covered in this podcast below:Court of Appeal confirms that the Quincecare duty does not extend to protect creditors Banking Litigation Podcast Episode 25: Special Edition– The Quincecare Duty of CareHigh Court strikes out time-barred claims holding that banks did not deliberately conceal facts so as to extend the limitation period High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration”Parent companies’ documents found to be in subsidiaries’ control for disclosure purposesHigh Court considers scope of jurisdiction and meaning of records under Bankers’ Book Evidence Act 1879Duty of Care – countdown to the much anticipated FCA consultation Don&apos;t forget to subscribe to the banking litigation blog.

Banking Litigation Podcast Episode 27: Monthly update - May/June 2021

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Mannat Sabhikhi. You can find links to our blog posts on the cases covered in this podcast below:High Court determines that reliance issues in context of a s.90A FSMA claim should be heard at first trialHigh Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation periodSupreme Court allows appeal in jurisdictional challenge relating to parent company duty of careHigh Court considers principles relating to cut-off dates and the costs of advertising in group litigationHigh Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation Don&apos;t forget to subscribe to the banking litigation blog. 

Banking Litigation Podcast Episode 26: Monthly Update - March/April 2021

The latest edition of our Regulation in Focus podcast series features Clive Cunningham and Andrew Procter, both partners in our FSR practice, in conversation about the milestone publication of the UK regulators’ final policies on operational resilience.The discussion ranges from the challenges for senior managers to the nuances of setting impact tolerances in dual regulated firms to the wider global context.Speakers: Clive Cunningham, Partner and Andrew Procter, Partner

Regulation In Focus EP5: Operational Resilience – an overview of the UK regulators’ final policies

In this special edition of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments - the Quincecare duty of care. This episode is hosted by Ceri Morgan, a professional support consultant in our banking litigation team, who is joined by Mark Tanner and Scott Warin. Quincecare duty claims typically arise where a bank or deposit holding financial institution has received a payment mandate from an authorised signatory of its customer, and executed the order, in circumstances where (allegedly) there were red flags to suggest that the order was an attempt to misappropriate the funds of the customer. The past few years have witnessed an uptick in such claims, with a proliferation of judgments being handed down in quick succession since the Supreme Court’s decision in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50. In our podcast, we discuss how these judgments have defined both the scope of the duty, and the potential tools in the armoury of banks to defend these claims.  You can find links to our blog posts on the cases covered in this podcast below:Court of Appeal judgment on scope and exclusion of “Quincecare” duty of careSupreme Court upholds first successful claim for breach of the so-called “Quincecare” duty of careHigh Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudstersHigh Court provides further insights on the risks of Quincecare claims against banksHigh Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individualsHong Kong court refuses to expand scope of Quincecare dutyDon&apos;t forget to subscribe to the banking litigation blog. 

Banking Litigation Podcast Episode 25: SPECIAL EDITION – The Quincecare Duty of Care

This podcast is a deep dive into an issue that impacts you, and all FCA regulated firms – treating vulnerable customers fairly. It features Karen Anderson, Cat Dankos and Ben Goodman from our contentious financial services regulatory practice in London, discussing the FCA’s aim of ensuring that vulnerable consumers experience outcomes as good as other consumers and receive consistently fair treatment across all FCA-regulated firms and sectors.Speakers: Karen Anderson (Partner), Cat Dankos (Regulatory Consultant) and Ben Goodman (Of Counsel)

Regulation in Focus EP4: Treating vulnerable customers fairly: a deep dive into the FCA's guidance

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Harriet Tolkien.   You can find links to our blog posts on the cases covered in this podcast below:High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not applyHigh Court confirms current scope of Quincecare duty is limited to protecting corporate customers and does not extend to individualsHigh Court provides further insights on the risks of Quincecare claims against banksSupreme Court judgment in the KBR v SFO appeal – limits to extraterritorial impact of the SFO’s document compulsion powersCourt of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costsWitness evidence reforms: final versions now published and will apply from 6 AprilBrexit: key practical implications for disputes and dispute resolution clauses Don&apos;t forget to subscribe to the banking litigation blog. 

Banking Litigation Podcast Episode 24: Monthly Update - January/February 2021

In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions, combined with some festive cheer and a few surprises. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan, Mark Tanner and some very special guests.  You can find links to our blog posts on the cases covered in this podcast below:High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in MarexCommercial Court considers impact of force majeure clause on repayment obligation in sale of goods contractHigh Court finds no breach of duty by bank in exercise of enforcement rights under finance agreementsHigh Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims?Class action reform in France: Necessary, but debatableCapital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial CrisisBeyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgmentsHow far can UK courts depart from EU case law? Don&apos;t forget to subscribe to the banking litigation blog.Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)

Banking Litigation Podcast Episode 23: Monthly Update – December 2020 (Christmas Special!)

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Georgia Nickson.  You can find links to our blog posts on the cases covered in this podcast below:Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clauseCommercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master AgreementHigh Court strikes out two IRHP mis-selling claims on the grounds of abuse of process, limitation and underdeveloped allegations of fraudHigh Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudstersBanking Litigation Podcast Episode 13: Monthly Update - November 2019 (in which we covered Singularis Holdings Ltd v Daiwa Capital Markets [2019] UKSC 50)High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi schemeHigh Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilegeDon&apos;t forget to subscribe to the banking litigation blogSpeakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Georgia Nickson (Associate)

Banking Litigation Podcast Episode 22: Monthly Update – October/November 2020

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 blog posts on the cases covered in this podcast below:Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging caseHigh Court says bank need not comply with numerous and repetitive DSARs which were being used for a collateral purposeThe Tesco Litigation: lessons learned from split trial orders in the context of securities class actionsHigh Court strikes out claimants’ representative action due to failure to meet “same interest” requirement under CPR 19.6Judgment handed down in FCA’s COVID-19 business interruption insurance test caseSingapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020Webinar Available: Dispute Resolution Choices for Banks and Financial Institutions – Maximising the Chances of Successful Enforcement Don&apos;t forget to subscribe to the banking litigation blog.Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)

Banking Litigation Podcast Episode 21: Monthly Update - September 2020

In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space.In this third episode we discuss recent activity regarding Deferred Prosecution Agreements (DPAs). We focus specifically on three DPAs secured by the Serious Fraud Office (SFO) involving Guralp Systems, Airbus and G4S Care and Justice Services. Speakers:  Kate Meakin, Partner and Stephen Thomson, Senior Associate (Australia and New Zealand)Further information:-CC&I Podcast Episode 1 on DPAs, including the DPA between the SFO and a company from the Serco Group -Our blog post on the Guralp Systems DPA -Our blog post on the Airbus DPA-Our blog post on the G4S DPA-Our webinar on DPAs, anti-bribery and corruption from UK, US, French and South African perspectives

Corporate Crime and Investigations EP3: Recent Activity in Deferred Prosecution Agreements

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Ajay Malhotra.You can find links to our blog posts on the cases covered in this podcast below:Untangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” ruleHigh Court requires claimant investors to disclose their investment history to show their level of sophistication and appetite for riskHigh Court finds no duty of care owed for late execution of orders due to unforeseen market turbulenceDefault judgment set aside where claim served at closed offices during COVID-19 lockdownPart 36 offer to accept 0.3% less than total amount claimed constituted genuine offer to settle Don't forget to subscribe to the banking litigation blogSpeakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Ajay Malhotra (Senior Associate)

Banking Litigation Podcast Episode 20: Monthly Update - August 2020

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Catherine Bagge.You can find links to our blog posts on the cases covered in this podcast below:High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan SchemesCourt of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctionsPrivilege in the context of regulatory investigations: latest guidance from the High CourtHigh Court takes expansive view of when reference to legal advice may result in broader waiverUntangling, but not killing off, the Japanese knotweed: Supreme Court confirms existence and scope of “reflective loss” ruleUK Government announces LIBOR legislative fix: summary of proposals and our initial observationsDon&apos;t forget to subscribe to the banking litigation blog

Banking Litigation Podcast Episode 19: Monthly Update - July 2020

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Alice Whyte.You can find links to our blog posts on the cases covered in this podcast below:High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible”High Court finds claim for lost profits arising from damage caused by London riots not prevented by force majeure or exclusion for indirect or consequential lossLitigation funder fails in attempt to obtain trading data from the London Stock ExchangeProposed insolvency reforms: impact on secured and unsecured bank debtDon&apos;t forget to subscribe to the banking litigation blog

Banking Litigation Podcast Episode 18: Monthly update - June 2020

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Nic Patmore.You can find links to our blog posts on the cases covered in this podcast below:Court of Appeal upholds High Court contractual construction of CLO transactionHigh Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an "ethically safe" work environmentHigh Court declines to adjourn five-week trial due to COVID-19 pressuresHigh Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanctionsCompeting class actions in the Competition Appeal Tribunal: no preliminary ruling on carriage issueDon&apos;t forget to subscribe to the banking litigation blog

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Financial Services Disputes & Regulation

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