We have just released our monthly update podcast, in which we discuss and debate the 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 Wilkie Hollens. You can also listen … Read more

Cryptocurrency, proprietary injunctions, freezing orders, and trusts: the law is not cryptic

Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on a recent cryptocurrency case, Wang v Darby [2021] EWHC 3054 (Comm), which applies established principles relating to trusts, proprietary injunctions and worldwide freezing orders to this new asset class. Despite the meteoric rise of cryptocurrency as an asset class, … Read more

Biannual Banking Litigation Update (Spring 2022)

Welcome to the Spring 2022 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months. Read the full Banking Litigation Update here. We have also recorded a short video to provide a high level overview of developments during this … Read more

CAT ruling in FX litigation: class action should be opt-in, not opt-out

In a recent ruling in the FX litigation, the UK Competition Appeal Tribunal (CAT) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants: Michael O’Higgins FX Class Representative Limited v Barclays Bank PLC and Others; and Mr Phillip … Read more