Stephenson Harwood LLP – Financial litigation update – December 2019

In this issue: Welcome to the latest finance litigation update, in which we summarise some of the most significant cases relevant to banks and other financial institutions over the last six months or so, as follows: Equitable set-off and the implied duty of cooperation: AMC III Purple B.V. v Amethyst Radiotherapy Limited 2 POCA up: suspicion sufficient for bank to kiss goodbye to its customer 4 No defence available to nominee shareholder in receipt of unlawful preference 6 Closing bank accounts: courts put banks under pressure 9 What does “mandatory law” really mean? Lamesa v Cynergy 10 Warehouse receipts – Contract, mistake and estoppel 12 Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) 15 A Bank’s Duty of (Quince)care: Federal Republic of Nigeria v JP Morgan Chase 17 Singularis: Quincecare revisited 19 Commercial Court considers the scope and effect of an asymmetric jurisdiction clause 21 Finance Litigation Update – December 2019