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Topic: Derivatives

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Court of Appeal refuses permission to appeal in ClientEarth shareholder action

December 01, 2023

In the latest development in ClientEarth’s attempt to bring a shareholder action on behalf of Shell plc against its directors, the Court of Appeal has refused its application for permission to appeal the earlier decisions of the High Court.

Can a notice sent pursuant to an ISDA Master Agreement be valid if it is inaccurate?

November 16, 2022

Macquarie Bank Ltd v Phelan Energy Group Ltd [2022] EWHC 2616 (Comm) is the first English High Court judgment which directly considers the requirements for a notice of Failure to Pay under Section 5(a)(i) of the 2002 ISDA Master Agreement to be valid.

ISDA Master Agreements: New guidance on when an Event of Default is 'continuing'

October 21, 2022

Members of our Litigation and Derivatives teams have written an article discussing the impact of the judgment in Grant & Ors v FR Acquisitions Corporation and (Europe) Ltd & JFV Firth Rixson Inc [2022] EWHC 2532 (Ch) which offers important new guidance on when an Event of Default is ‘continuing’ under both the 1992 and 2002 versions of the ISDA Master Agreement.

Latest trends in English banking litigation: Duration and resolution of claims

May 09, 2022

The latest post in our series covers the recent trends in the duration and resolution of English banking litigation, including an analysis of whether fraud cases are more or less likely to settle

Disputes risks in financial transactions arising from the new financial sanctions regime

March 17, 2022

Potential areas for dispute in financial transactions arising in connection with the new sanctions regimes imposed following the Russian invasion of Ukraine.

Latest trends in English banking litigation

October 05, 2021

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.

LIBOR misrepresentation claim time-barred and summarily dismissed

July 14, 2021

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.

P.R.I.M.E Finance begins public consultation on draft revised Arbitration Rules

February 08, 2021

The Panel of Recognised International Markets Experts in Finance (P.R.I.M.E. Finance) has announced a public consultation on its draft revised Arbitration Rules (the Rules).