01 Jul 2021

Finance litigation update - July 2021


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, including:

  • Secret commissions: no fiduciary duty required to find liability (Wood v Commercial First)
  • Unpacking the EU Sanctions Blocking Regulation: Bank Melli v Telekom Deutschland
  • Asymmetric jurisdiction clauses & the Hague Choice of Court Convention: time to shape up? (Etihad Airways v Flöther)
  • The Quincecare duty: what do banks need to know?
  • Misrepresentation requires ‘active appreciation’—assumption is not enough (Leeds City Council and others v Barclays)
  • Knowing receipt: not what you know but what you receive
  • Unknown knowns, Norwich Pharmacal Orders & banks’ duties to their customers
  • Marex: Where next for the rule against reflective loss?
  • Financial mis-selling claims: Fine Care v Natwest Markets Plc
  • Enforcement of EU judgments post Brexit: an exclusivity conundrum
  • Travelport v WEX: what constitutes a material adverse effect?

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Edward  Davis

Edward Davis

T:  +44 20 7809 2327 M:  Email Edward | Vcard Office:  London

Sue Millar

Sue Millar

T:  + 44 20 7809 2329 M:  + 44 7825 625 898 Email Sue | Vcard Office:  London