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  • Article

    Banking Litigation Podcast Episode 38: Monthly Update – January/February 2023

    We have just released the next edition of our monthly update podcast, in which we discuss and debate the key recent judgments likely to be of interest to financial institutions.
    United KingdomFinance and Banking
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    CMBS Noteholder Litigation: Where Do They Stand?

    A typical limited recourse CMBS transaction will contain a general restriction on noteholders proceedings directly against the issuer to enforce their rights under the transaction documents.
    United KingdomFinance and Banking
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
Article

Court Of Appeal Confirms No Duty Owed By Professional To Non-client Recipient Of Advice

The Court of Appeal has handed down judgment in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the appeal. Herbert Smith Freehills Partner Will Glassey...
United KingdomFinance and Banking
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    Drastic Increase In Number Of Bank Lawsuits At London's High Court

    According to a recent report from the Financial Times, big banks were named as defendants in 157 High Court lawsuits in the 12 months preceding September 2016, ...
    United KingdomFinance and Banking
    Sedgwick LLP
    Sedgwick LLP
  • Article

    Happy New Year From The FCA. First Fines Of 2019 Confirm The Largest Ever For An Individual

    After a relatively quiet year for fines in 2018, the Financial Conduct Authority ("FCA") has already published two Final Notices this week confirming the first fines of 2019 that total over £79 million.
    United KingdomFinance and Banking
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Mortgage Default Interest Could Be Unenforceable

    The borrower was a company but the mortgaged properties had been owned by its two shareholders, who were husband and wife.
    United KingdomFinance and Banking
    Tanfield Chambers
    Tanfield Chambers
  • Article

    Privilege Over Documents Created During FCA Investigation: Property Alliance Group Ltd v Royal Bank Of Scotland Plc (2015)

    As regulatory investigations in the financial services sector increase, the lines between regulatory and civil proceedings become more blurred and complex to manage.
    United KingdomFinance and Banking
    Clyde & Co
    Clyde & Co
  • Article

    Upper Tribunal Overturns Decision On Tax Treatment Of Management Fee Rebates

    The Upper Tribunal (UT) has found that amounts paid by Hargreaves Lansdown (HL) (an investment platform service provider) to its customers, which represented rebates received from investment fund managers, were "annual...
    United KingdomFinance and Banking
    Akin
    Akin
  • Article

    Recovery Of NHS Costs Following Successful Trial

    Following instructions from NHS Resolution, Clyde & Co has successfully recovered NHS costs after beating a Part 36 offer at trial.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Clyde & Co
    Clyde & Co
  • Article

    Redefining Consent?

    The duty of a doctor to warn a patient of risks in treatment is not to be determined by reference to the actions of a reasonable and responsible body of clinicians.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Clyde & Co
    Clyde & Co
  • Article

    This Week In 340B: January 9 – 16, 2023

    This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Challenge To Brexit Based On Campaign Spending Irregularities In The Referendum Funding Has Failed At The First Hurdle

    The Court of Appeal has held that it is unarguable that the Prime Minister's decision to notify the EU of the UK's intention to withdraw from the EU was unlawful on the basis that the 2016
    United KingdomGovernment, Public Sector
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Of Appeal, Help Us Out

    Lawyers are currently torn between the revenue generated by applications for court orders confirming the validity of administration orders and the lack of clarity from the numerous High Court decisions on the position.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Mills & Reeve LLP
    Mills & Reeve LLP
  • Article

    It's Now Even Harder For A Trustee To Get Relief From Ancillary Relief

    The case of Sands v Singh has recently clarified but narrowed the circumstances in which a trustee in bankruptcy can challenge an order or financial settlement made in divorce and ancillary relief proceedings.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    Rescission Of Winding Up Orders – Extension Of Time

    Cre8atsea Limited (the Company) was wound up by the court in March 2013 in respect of a petition originally presented in November 2011.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Taylor Wessing
    Taylor Wessing
  • Article

    Continuous Cover Clauses: ARC Capital Partners Limited V (1) Brit Syndicates Limited And (2) QBE Underwriting Limited (2016)

    These clauses are sometimes found in policies in the UK but are more commonly found in other jurisdictions, for example, Singapore.
    United KingdomInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Contractors Beware: Defects Liability And Project Insurance Coverage

    Energy firm SSE Generation has been awarded in excess of £100m damages on appeal over a tunnel collapse nearly ten years ago at the Glendoe hydroelectric power scheme in Scotland (SSE Generation v Hochtief Solutions [2018] CSIH 26).
    United KingdomInsurance
    Fenchurch Law
    Fenchurch Law
  • Article

    FCA – Business Interruption Insurance Test Case – Appeal (October 6, 2020)

    At a hearing on 2 October 2020, the court made a number of orders following on from its judgment.
    United KingdomInsurance
    Cooley LLP
    Cooley LLP
  • Article

    Follow The Leader: Who Can Release The Following Insurance Market?

    A decision of the High Court held that a follower was bound to a settlement entered into by the lead, even though it was expressed not to bind the follower.
    United KingdomInsurance
    Berwin Leighton Paisner LLP
    Berwin Leighton Paisner LLP
  • Article

    Further Decision On Business Interruption Cover For COVID-19 Losses

    Judgment has recently been handed down in the matter of Corbin & King v Axa. In this case Mrs Justice Cockerill, sitting in the Commercial Court, held that a non-damage denial of access clause...
    United KingdomInsurance
    HFW
    HFW
  • Showing 501–520 of 7544 results

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