Finance Litigation Update - November 2018

1 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, including: Basis clauses – an unfair relationship? 2 Basis clauses scrutinised in misrepresentation claim 4 Commercial Court rules that negative interest is not payable under an ISDA Credit Support Annex 6 Privilege and investigations: Court of Appeal restores ambit of litigation privilege? 8 Extra territorial document requests: the long arm of the law just got longer 12 Competing jurisdiction clauses in interest rate swap cases 15 Stepping in or over stepping – rights of note trustees 17 Finance Litigation Update – November 2018