11 Aug 2023

Finance litigation update - August 2023


Welcome to the 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:

  • Good faith v discretion: context is king (Sibner v Jarvis Capital) 
  • Is relief from liability a loss? (and other Quincecare questions): Stanford v HSBC
  • When can you terminate a contract for failing to obtain 'confirmed financing'? (Havila v Abarca)
  • States, take note: Law Debenture v Ukraine
  • Re Avanti Communications Limited (in administration) – evolution of the control required for a fixed charge
  • Knowing when you've novated: Musst Holdings v Astra Asset Management
  • Asymmetric jurisdiction clauses: A European conundrum - France's referral to the CJEU
  • ESG and directors' duties - where are we now? (ClientEarth v Shell)
  • Banks, be on inquiry - Quincecare is coming!
  • Quincecare duty is flawed and based on a mistaken premise - Philipp v Barclays
Click here to read more.