Banking and finance disputes review

English courts are in the spotlight following the vote for Brexit. In this edition of the Banking and finance disputes review, we discuss recent judgments relevant to banks and analyse current claims before the English courts. This gives crucial insight into future trends in English banking litigation and the effect on litigation in Europe and elsewhere.

The Norton Rose Fulbright Banking Litigation Index reveals a key tool for insight into ongoing litigation. It shows how active the English courts are in banking and finance litigation, the sort of claims they are currently considering and who is a party to litigation.

There has been a spate of recent judgments from the English courts that confirm their commercial approach. Contractual estoppel and the duty to advise: where are we now? and Valuers’ negligence in structured finance transactions show how multiple judgments in very specific financial areas build up a robust and coherent body of case law. Challenging governing law clauses: New ideas in European public body litigation describes a recent line of cases that clarify the application of foreign laws throughout Europe. Court appointed receivers demystifies a powerful tool of English courts that is often effective for cross-border enforcement in Europe and elsewhere.

Apart from these review articles, we also have individual case notes for Lehman Brothers International (Europe) v ExxonMobil Financial Services; Property Alliance Group v Royal Bank of Scotland; Taberna Europe CDO II v Selskabet; Libyan Investment Authority v Goldman Sachs and Credit Suisse Asset Management v Titan Europe 2006-1.

Moving from the English courts to cross-border matters, A quick primer on state immunity for financial institutions describes a problem that leads inevitably to comparison of different courts. An alternative is arbitration, and the growth in financial institutions considering this option is described in Financial institutions and international arbitration.

Finally, we move from litigation to regulation and investigations. Managing litigation risk in banking investigations gives practical guidance at the intersection of these two topics. Financial regulation and cyber-crime is an introduction to another highly topical subject.