We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions over the past six months, including:

MIS-SELLING CLAIMS

  • Property Alliance Group v RBS transferred to the Financial List: top tips for parties wishing to successfully transfer proceedings
  • Suresh Sivagnanam v Barclays Bank: High Court limits shareholders seeking a second bite of the cherry in IRHP mis-selling cases
  • Deutsche bank AG v Unitech: borrowers seeking rescission for alleged LIBOR manipulation must be prepared to pay the full loan amount outstanding before trial
  • CGL Group v RBS: No Suremime-type duty of care owed directly to customer in connection with past business review
  • Qadir v Barclays: High Court gives helpful guidance on limitation periods in IRHP mis-selling litigation

CONTRACTUAL CONSTRUCTION

  • Windermere VII: Financial List provides guidance of wider market significance on the rights attaching to Class X notes in a CMBS structure
  • Alexander v West Bromwich Mortgage Company Ltd: when can lenders rely on contradictory mortgage conditions?
  • UCTA reasonableness test may apply even where contract is only partly on standard terms
  • Court of Appeal confirms exclusion clauses should be construed narrowly if necessary to resolve ambiguity

DISCLOSURE AND PRIVILEGE

  • Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case
  • The price of changing experts: disclosure of privileged report

JURISDICTION

  • Commercial court decision suggests “torpedo” actions may not be effective where parties have agreed unilateral jurisdiction clause
  • Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain

OTHER SIGNIFICANT DECISIONS

  • Court of Appeal gives guidance for bankers’ references: what to include in a request for reference and the circumstances in which liability may be avoided
  • Commercial court finds commitment letter unsigned by one party to be legally binding
  • Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
  • Supreme Court reformulates test for when a claim will fail due to illegality
  • Predictive coding ordered despite party’s objections
  • Courts taking tough line on disproportionate costs
  • Herbert Smith Freehills LLP contributes chapters to the recently published First Edition of Getting the Deal Through – Financial Services Litigation 2016
  • Herbert Smith Freehills LLP contributes chapters to the recently published Second Edition of The Securities Litigation Review
  • Guide to Dispute Resolution in Asia Pacific – A multi-jurisdictional review
  • Arbitrating disputes under the ISDA Master Agreement

Click here to read the Update.