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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 Wilkie Hollens. You can find links to our blogs on the cases covered in this podcast below:High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassetsCourt of Appeal finds Quincecare duty is not limited to corporate customers and can (in principle) extend to protecting individualsPrivy Council confirms that the so-called “reflective loss” principle applies to ex-shareholdersHigh Court orders witness statements to be redrafted due to serious non-compliance with PD 57ACHigh Court orders banks to disclose documents under the Evidence (Proceedings in other Jurisdictions) Act 1975Privy Council restatement of the law on freezing and other interim injunctionsUK: EAT orders party to disclose tribunal documents to the Press months after hearingBiannual Banking Litigation Update (Spring 2022) Don't forget to subscribe to the banking litigation blog. Please also find the Herbert Smith Freehills legal privilege web app.
In this episode of our banking litigation podcast, 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 Phoebe Fox.You can find links to our blogs on the cases covered in this podcast below: Privy Council considers reformulated test for determining scope of duty of care owed by professional advisersHigh Court considers the requirement for “awareness” in implied misrepresentation claimsHigh Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentationHigh Court decision in first s.90A FSMA claim to reach trialHigh Court upholds settlement agreement relating to earlier proceedings to bar counterclaim, confirming that “unknown” claims can be releasedA counterclaiming defendant can make a valid “claimant’s” Part 36 offerHigh Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rightsHigh Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights Don't forget to subscribe to the banking litigation blog.
The latest edition of our Regulation in Focus podcast series features two former regulators in conversation about operational resilience – Andrew Procter from Herbert Smith Freehills and Michael Sicsic from Sicsic Advisory. The discussion focuses on implementation of operational resilience requirements for the upcoming UK regulatory deadline of 31 March 2022.In conversation with...Michael is the Managing Director of Sicsic Advisory, a boutique consultancy focusing on financial services risk and regulation. He is a senior executive in the field of risk and regulation and former head of supervision for the UK general insurance retail sector at the FCA.Andrew is a partner in the (contentious) financial services regulatory team in London. He advises multinational clients on their most important strategic regulatory and risk issues, bringing uniquely strategic judgement drawn from senior leadership roles at regulators, in-house and in private practice.
In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne.You can find links to our blogs on the cases covered in this podcast below:High Court applies narrow interpretation of “client” for purposes of legal advice privilegeCourt of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for nowInformation gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilegeImpact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sectorHigh Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents Don't forget to subscribe to the banking litigation blog. Please also find the Herbert Smith Freehills legal privilege web app.
Join Jojo Fan in Hong Kong, Benjamin Rubinstein in New York, Mark Smyth in Sydney and Sousan Gorji in London as they discuss greenwashing in the banking sector.Read more insights in our Global Bank Review here: https://www.herbertsmithfreehills.com/insight/2021-global-bank-review-%E2%80%93-esg-creating-a-purposeful-future
In the CHRISTMAS SPECIAL edition of 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: Supreme Court finds claim for compensation under data protection legislation cannot proceed on “opt-out basis” in high profile Lloyd v Google caseHigh Court upholds contractual terms setting out basis of relationship in dismissing breach of duty claim relating to introduction to third party investment schemesHigh Court considers whether onerous term in standard terms incorporated by referenceHigh Court considers implied terms and “failure of basis” in context of COVID-19 pandemicCOVID-19 market disclosures and managing the associated litigation risks Don't forget to subscribe to the banking litigation blog.Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)
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:Supreme Court clarifies requirements for tort of lawful act economic duressCourt of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6Banking Litigation Podcast Episode 20: Monthly Update - August 2020Privy Council confirms that the so-called “reflective loss” principle applies to ex-shareholdersHigh Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure PilotThe Herbert Smith Freehills Legal Privilege Web AppDisclosure Pilot to be extended for a further year and the procedures streamlinedThe UK’s LIBOR safe harbour legislation: a missed opportunity?Don't forget to subscribe to the banking litigation blog.
FCA's regulatory decision-making proposals - faster and less costly, but at what price?The latest edition of our Regulation in Focus podcast series features Karen Anderson and Andrew Procter, both partners in our FSR practice and both former regulators, in conversation about the FCA's plans to streamline regulatory decision-making, which - if the FCA proceeds as proposed - will be a significant change to how authorisation, supervision and enforcement are delivered. Karen and Andrew review the arguments which led to the establishment of the Regulatory Decisions Committee to provide independent administrative decision-making. They then outline the FCA's plans for change and discuss whether the regulator has a strong case.Speakers: Karen Anderson (Partner) and Andrew Procter (Partner)
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't forget to subscribe to the banking litigation blog.
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 considers Quincecare and dishonest assistance claims against bank in context of Ponzi schemeHigh 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't forget to subscribe to the banking litigation blog.
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't forget to subscribe to the banking litigation blog. 
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
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't forget to subscribe to the banking litigation blog. 
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)
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't forget to subscribe to the banking litigation blog. 
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't forget to subscribe to the banking litigation blog.Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)
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't forget to subscribe to the banking litigation blogSpeakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Georgia Nickson (Associate)
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't forget to subscribe to the banking litigation blog.Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Scott Warin (Associate)
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
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)
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