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Searching Content indexed under Finance and Banking by Clare Stothard ordered by Published Date Descending.
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1
To What Extent Can A Claim For Dishonest Assistance Be Made Against Banks When Receiving Fraudulent Bank Payments?
Although claims for dishonest assistance are rare, as fraudulent bank payments have become increasingly common, is this now an area ...
UK
9 Jan 2019
2
Judicial review Of Financial Ombudsman Service Decision Brought By SIPP Administrator Fails
The High Court has dismissed a claim for judicial review of the final decision of the Financial Ombudsman Service (FOS)
UK
2 Jan 2019
3
UK Banks Commit To Dispute Resolution Processes For Larger SMEs, Including Legacy Complaints
In March 2018, UK Finance commissioned an independent review of the complaints and resolution landscape for UK SMEs from Simon Walker CBE, Professor Christopher Hodges and Professor Robert...
UK
20 Dec 2018
4
Access To Court Documents By An Interested Third Party
The general approach is that the court is likely to allow inspection if the open justice principle is engaged and there is a legitimate interest.
UK
20 Dec 2018
5
Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) ...
UK
28 Nov 2018
6
Creative Attempts To Sue Banks Fail To Overcome The High Threshold For Claims In Conspiracy
Claims in conspiracy are notoriously difficult to plead. Whilst that has not deterred claimant law firms in their attempts to bring such claims against major financial institution ...
UK
27 Nov 2018
7
Review Into The Complaints And Alternative Dispute Resolution Landscape For UK SMEs By UK Finance
On 23 October 2018 UK Finance published a review into the complaints and alternative dispute resolution (ADR) landscape for the UK SME market by Simon Walker CBE
UK
4 Nov 2018
8
Security For Costs Ordered Against Dormant Company Where ATE Insurance Inadequate And Claim Speculative
An application for security for costs may be made when a defendant is concerned that the claimant will not be able to pay the defendant's costs should the claim fail.
UK
1 Nov 2018
9
Changes To The Financial Ombudsman Service
On 16 October 2018, the FCA and the FOS issued two publications which together could have a significant impact on financial services firms and their complaints and disputes handling.
UK
26 Oct 2018
10
No Duty To Obtain Best Price Reasonable In A Forced Sale – Upheld By Court Of Appeal
This was the appeal of an unsuccessful claim against Credit Suisse International, in which the claimants alleged that the Bank had failed to secure the best price reasonably obtainable...
UK
11 Jul 2018
11
What Can We Learn From The First Half Of 2017?
Whilst a number of cases in the first six months of 2017 dealt with issues of particular interest to litigators, the recent case with perhaps the widest implications for lawyers and investigators is SFO v. ENRC.
UK
11 Jul 2018
12
Barclays Successfully Defends First Swap Mis-Selling Claim Involving A Claim By Individuals For Breach Of Statutory Duty
Barclays successfully defends first swap mis-selling claim involving a claim by individuals for breach of statutory duty – Ramesh Jadavji Parmar and Rama Ramesh Parmar v. Barclays Bank PLC [2018] EWHC 1027 (Ch)
UK
18 May 2018
13
I'm Sorry I Haven't A CLU – Swaps Claim Relating To Bank's Failure To Disclose Internal Credit Provision Is Dismissed – London Executive Aviation V. The Royal Bank Of Scotland Plc [2018] EWHC 74 (Ch)
In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA).
UK
24 Jan 2018
14
Privy Council Decision On Pre-Contract Representations In A Commercial Borrower-Lender Relationship
In November 2017, the Board of the Judicial Committee of the Privy Council (the Board) gave judgment on an appeal against, inter alia, liability under a commercial loan ...
UK
19 Jan 2018
15
Application For Summary Judgment Granted After Nine-Day Hearing
At first glance, it may seem something of a contradiction to hold a summary judgment hearing over nine days.
UK
19 Jan 2018
16
Quantum Of Damages Where Loan Advanced On The Basis Of A Negligent Valuation
In what Lord Sumption described as a "perfectly straightforward" result, the Supreme Court has considered the approach to determining the quantum of damages in a case where a property was negligently overvalued.
UK
19 Jan 2018
17
Choice Of English Governing Law Upheld Over Arguments Of Non-Shariah Compliance
In 2007, Dana Gas raised US$1 billion of financing (restructured in 2013) through the issue of Trust Certificates (Sukuk).
UK
19 Jan 2018
18
Duty Of Care Owed By Arranger In Relation To The Execution Of Sukuk Documents
This case concerned the inability of the claimants to recover sums pursuant to a promissory note (the Promissory Note) which formed part of the transaction documents for a sukuk ...
UK
19 Jan 2018
19
Unfair Relationships Under The Consumer Credit Act 1974
In this case, the High Court considered: (1) whether the claimant (the Bank) was estopped from exercising its right to demand repayment and enforce security over the Defendants' assets ...
UK
18 Jan 2018
20
Meaning Of Financial Institution And Right Of A Party Already In Default Under An ISDA Master Agreement To Terminate For The Default Of The Other Party
This claim was brought by the joint administrators of Olympia Securities Commercial Plc (the Company), a property developer. The dispute, however, was in reality between the two defendants.
UK
18 Jan 2018
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