Latest trends in English banking litigation
Our latest analysis of trends in banking litigation shows a continued increase in disputes involving fraud, driven by new capital markets and cross-border structures.
State-owned entities and the limits of sovereign immunity
A High Court decision provides a helpful review of the position as to when a state-owned entity can rely on sovereign immunity.
An unusual stakeholder application
An unusual stakeholder application, involving gold bullion, may assist cryptocurrency exchanges in resolving identity disputes.
LIBOR misrepresentation claim time-barred and summarily dismissed
In a case concerning fraudulent misrepresentation relating to LIBOR manipulation, the High Court has granted summary judgment in favour of two banks, finding that the publication of the Final Notice started the limitation period and the claims were consequently time-barred.
The scope of the fraud exception to the without prejudice rule
In Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors  EWCA Civ 551, the Court of Appeal provides useful guidance on the scope of the ‘fraud exception’ to the ‘without prejudice’ rule.
Litigation privilege and third parties
A recent decision in the English High Court has provided further guidance on the application of the ‘dominant purpose’ test to claims of litigation privilege in respect of correspondence involving third parties.
Further guidance on the Kalmneft factors
A decision by the Commercial Court interprets the relevant principles for assessing applications for extensions of time to challenge arbitral awards, and the reasonableness of acts by sovereign states in such a situation.
A good faith provision helped the High Court to find in favour of minority shareholders in a recent shareholder dispute
The High Court's decision provides guidance on how the inclusion of a good faith provision in a shareholders agreement can impact on the majority’s right to remove a director under s.168 of the Companies Act 2006.
High Court strikes out claim against banks: no deliberate concealment of facts and claim time-barred for limitation
The recent decision in Dixon v Santander Asset Finance Plc & Anor  EWHC 1044 (Ch) provides a useful summary of the case law around the s.32(1)(b) Limitation Act 1980 concealment ground and practical application of this provision to the case facts.