In Shah & Anor v HSBC Private Bank (UK) Ltd [2009] EWHC 79 (QB), the Court considered the conflict that can arise between a bank's duty to its customer and its duty to make an authorised disclosure under Part 7 of the Proceeds of Crime Act 2002 ("POCA") when the bank suspects the customer of laundering money

In Associated British Ports (a company created by statute) v (1) Ferryways NV and (2) MSC Belgium NV [2009] EWCA Civ 206, the Court of Appeal found that a guarantor was not liable on the basis that one of the parties to the underlying contract had given the other additional time to pay and the parties had not included an express provision preventing discharge of the guarantor's liability in such circumstances.

In Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998, the Court of Appeal upheld the finding of Walker J that the English Court had jurisdiction to hear Deutsche Bank’s claim against Sebastian Holdings Inc in circumstances where the latter commenced prior proceedings in New York under a competing jurisdiction clause.

Cash flow is essential for business continuity but this is even more critical amidst COVID-19 and its associated impact on the global economy.

Climate change, as evidenced by extreme events such as heatwaves, droughts and floods, left its mark on every continent in 2022, and has already affected billions

Jonathan Silver joins panel at the Virtual Marine Money Hong Kong Ship Finance Forum.

The Court of Appeal has held in Sigma Finance Corporation that under the terms of a Security Trust Deed, in the initial period following the onset of insolvency secured creditors were to be paid as and when their debts became due, rather than on a pari passu basis.

This case involved an application to lift a stay in favour of arbitration in St Kitts & Nevis.

In this recent decision the Hong Kong court has demonstrated a particularly pro-arbitration stance, adopting a broad interpretation of arbitration provisions in an employee bonus scheme, extending it beyond one particular year, ...

As a follow-up to our previous article concerning the proposed changes to Federal Law No. 2/2015 on Commercial Companies (the "CCL"), the UAE has issued Federal Decree-Law No. 26/2020...

Recent media grabbing headlines regarding the BBC's handling of the allegations against Huw Edwards, has brought into the spotlight arguments about when is it appropriate to suspend...

The FCA's latest enforcement data reveals a dramatic shift in regulatory priorities, with over 75% of enforcement operations now concentrated on financial crime. This analysis examines the breakdown of these investigations, the rising influence of whistleblowing disclosures, and what this strategic realignment means for firms navigating an increasingly focused regulatory landscape.

This case concerned service out of the jurisdiction of a writ based on a tort claim.

As we approach the end of a tumultuous year, where the UAE in particular has seen a range of legislative measures being introduced focussing on asset protection and safeguarding the wealth of family run businesses in the GCC.

Under the Trump administration, the use of sanctions was a key US foreign-policy tool. Following the US presidential election on 3 November 2020...

In The Office of Fair Trading v Abbey National Plc and Others [2008] EWHC 875, the test case launched by the OFT into the legitimacy and fairness of bank charges, the High Court found that the charges do not represent unenforceable penalty clauses, but it held that they remain susceptible to an assessment of fairness by the OFT under the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations").

On 27 August 2020, Cabinet Resolution No. 58/2020 on the Regulation of Procedures Related to Real Beneficiaries (the "Resolution") was published, which has introduced new record keeping and...

Ogier's Nicholas Brookes has been part of the team that successfully defended a high-profile and long-running BVI trusts dispute that was fought all the way to the Privy Council.

In (1) UBS AG (2) UBS Securities LLC v HSH Nordbank AG [2009] EWCA Civ 585 the Court of Appeal, in agreeing with the decision of the High Court that the proper jurisdiction for proceedings to be brought was New York, found that it was necessary to construe a jurisdiction clause in the light of the transaction as a whole

A dispute arose as to the appointment of arbitrators and the constitution of the tribunal. The claimant's position is that the respondent failed to appoint its arbitrator within time and the first appointed arbitrator should be confirmed as sole arbitrator.