Finance litigation update - December 2021

1 In this issue: Welcome to our latest finance litigation update, in which we summarise some of the most significant cases and other developments relevant to banks and other financial institutions over the last six months or so, as follows: Give back the money I sent you – I have made a mistake! 2 Adapting to a changing climate: an introduction to ESG 5 ESG and litigation risks 10 Hurricane Energy restructuring refusal: an ill wind blowing for bondholders? 15 The "Reflective Loss Rule" following the Supreme Court's decision in Marex : Primeo v Bank of Bermuda 18 Limitation and the date of deception: European Real Estate Debt Fund v Treon & Ors 21 Swaps litigation and the capacity to contract: Deutsche Bank v Busto Arsizio 24 Choice of jurisdiction in consumer contracts: Bitar v Banque Libano-Francaise and Dooley v Castle Trust 27 LIBOR transition: it's getting critical 31 Limitation in finance litigation: What would the reasonably diligent investor do? 34 Please click here to view all of our articles on our finance litigation hub, where you can also register to receive updates. Finance Litigation Update – December 2021