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Topic: Misselling and misrepresentation

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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

Group action dismissed – barrister owed no duty of care to investors in film finance schemes

April 01, 2022

In McClean and others v Andrew Thornhill QC [2019] EWCH 3514 (ch), the High Court dismissed a £40m claim brought by investors in film finance tax schemes. Zacaroli J held that Andrew Thornhill QC owed no duty of care to investors and his advice in relation to the schemes was not negligent. The judgment includes helpful guidance on the duty of care owed by professional advisers and the application of both limitation periods. The case will be of particular interest to professional indemnity insurers, litigation funders and parties in various other film finance claims.

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.

Group litigation claimants must disclose investment history

September 10, 2020

In the Ingenious film partnerships group litigation, the High Court ruled that the claimants should provide extended disclosure in relation to their investment history, as this may be relevant to: (i) their risk appetite and financial sophistication, which may in turn inform the scope of the defendants’ duty of care in providing advice; and (ii) causation of any loss as a result of alleged fraudulent and negligent representations regarding the Ingenious structure.