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Searching Content indexed under Litigation, Mediation & Arbitration by Richard Caird ordered by Published Date Descending.
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1
Misinformation And "Maxwellisation": Taveta Investments Limited v. The Financial Reporting Council
It is accepted that when a regulatory body such as the Financial Reporting Council investigates one of its members, its findings will be made public.
UK
27 Jul 2018
2
Court Of Appeal Dismisses Appeal In Property Alliance Group v. RBS
The Court of Appeal has dismissed the appeal brought by Property Alliance Group Limited (PAG) concerning allegations against The Royal Bank of Scotland plc (RBS) in respect of the sale of interest rate...
UK
5 Mar 2018
3
Judgments
June 2016 saw the publication of the Supreme Court judgment in this case involving Lloyds Banking Group (LBG) and its attempt to redeem contingent convertible securities.
UK
18 Jul 2016
4
What Is Worth Remembering From The First Half Of 2016?
It is often difficult to identify common themes arising from judgments that happen to be handed down at the same time, and the first half of 2016 has proved no exception.
UK
18 Jul 2016
5
What To Watch Out For...
The appeal in the Deutsche v. Cheyne litigation (we summarise the first instance decision below) is likely to be heard in May.
UK
12 Feb 2016
6
Judgments - February 9, 2016
The dispute in this case was, in reality, between the holders of Class A notes issued by the defendant issuer on the one hand and the holders of the subordinated notes in Classes B to E on the other.
UK
12 Feb 2016
7
Caught In The Tangled Web
This is a case in which the claimant alleged that a bank held money on constructive trust for her.
UK
28 Apr 2015
8
"This One's Just A Tiddler, Throw Him Back To Sea"
Julien Grout was one of four individuals investigated by the FCA in connection with the London Whale affair, in respect of which JP Morgan was fined £137,610,000.
UK
26 Mar 2015
9
"This One's Just A Tiddler, Throw Him Back To Sea"
Julien Grout was one of four individuals investigated by the FCA in connection with the London Whale affair, in respect of which JP Morgan was fined £137,610,000.
UK
24 Mar 2015
10
Ships That Pass In The Night? Will The FCA's Recent Guidance On Retail Investment Advice Have Any Impact On Mis-Selling Litigation?
The FCA has recently published Finalised Guidance 15/1, which promises to consolidate existing sources of guidance on retail investment advice...
UK
26 Feb 2015
11
Better Late Than Never: Late Service Of Notice Of Amount Payable Under Section 6(D) Of The ISDA Master Agreement
Goldman Sachs International (GSI) has recently succeeded on an application for summary judgment against Videocon Global Ltd (Videocon) on somewhat unusual facts.
UK
7 Jan 2015
12
How Might The Proposed New Senior Managers And Certification Regime For Individuals Have Affected Accountability For Foreign Exchange Manipulation?
Shakespeare's often misquoted suggestion, "first kill all the lawyers", still sells very successfully on mugs and T-shirts. It is likely that had he referred to bankers instead, merchandise sales would currently be at least as successful.
UK
9 Dec 2014
13
Double Agent: Responsibility For Payment Of A Bribe And Conflict Of Interest
Our recent updates considered aspects of the judgment of Mr Justice Males in litigation between the banks UBS, Depfa and LBBW, and the German water company Kommunale Wasserwerke Leipzig GmbH.
UK
20 Nov 2014
14
Construction And Rectification: The Consequences Of Rescission And Making Good The Defects In Drafting Of Back-To-Back Confirmations Under The ISDA Master Agreement
Our recent update "Fraudulent misrepresentation by a bank and the ISDA Master Agreement" dealt with the consequences of certain fraudulent misrepresentations impliedly made by UBS to Depfa.
UK
20 Nov 2014
15
Fraudulent Misrepresentation By A Bank And The ISDA Master Agreement
The Judge held that UBS had indeed made such representations, which it knew to be false, and that it was liable for fraudulent misrepresentation as a result.
UK
13 Nov 2014
16
To Be Or Not To Be A "Consumer": A Question For The Court, Not FOS
The court has considered an application for judicial review of a decision made by the Financial Ombudsman Service to entertain a complaint against the applicant.
UK
30 Oct 2014
17
Heads We Win, Tails You Lose (The Difficulties Of Litigating Against An Adversary Who Will Still Owe You Money If They Win)
Since the settlement of Graiseley Properties Ltd v. Barclays Bank plc, the banner of LIBOR-related claims has been flown by Unitech.
UK
22 Oct 2014
18
Early Termination Payment Calculated Under ISDA Master Agreement Enforced Against Quasi-Public Body Lacking Capacity
Mr Justice Andrew Smith has handed down judgment in a claim by Credit Suisse against a Dutch social housing foundation, Vestia, for the sum of approximately €83 million.
UK
20 Oct 2014
19
Recent Judgment Handed Down In Swaps Litigation
The judgment is ultimately a victory for the Bank, particularly as regards the effect of its contractual (and non-contractual) documentation.
UK
2 Oct 2014
20
Update On Recent Summary Judgment For Barclays In Interest Rate Swap Litigation
In a recent hearing in the Cardiff Mercantile Court, His Honour Judge Keyser QC (the Judge) considered various arguments advanced in relation to an interest rate swap.
UK
10 Sep 2014
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