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Insight
- Enforcement of EU judgments post Brexit: an exclusivity conundrum
- 'Who calls the shots?' – FCDO issues guidance on ownership and control in UK sanctions regulations
- A bank's duty of (Quince)care stops with its customer: RBS v JP SPC 4
- A Bank’s Duty of (Quince)care: Federal Republic of Nigeria v JP Morgan Chase
- Adapting to a changing climate: an introduction to ESG
- Advising on alternatives to LIBOR: the risks in going risk-free
- Asymmetric jurisdiction clauses & the Hague Choice of Court Convention: time to shape up? (Etihad Airways v Flöther)
- Asymmetric jurisdiction clauses: A European conundrum - France's referral to the CJEU
- Banca Intesa v Venezia: valid or void?
- Banks, be on inquiry - Quincecare is coming!
- Can borrowers rely on sanctions to escape payment obligations? Banco San Juan Internacional Inc v Petróleos de Venezuela S.A.
- Choice of jurisdiction in consumer contracts: Bitar v Banque Libano-Francaise and Dooley v Castle Trust
- Choice of law in consumer banking contracts: Bilal Khalifeh v Blom Bank SAL
- Closing bank accounts: courts put banks under pressure
- Commercial Court considers the scope and effect of an asymmetric jurisdiction clause
- Contractual termination: Avoiding problems
- Court of Appeal confirms reflective loss can't be recovered (Burnford v AA)
- Enforcement in the asset management context: what is the relevant asset and who does it belong to?
- Enforcement of foreign judgments: Invest Bank v El-Husseini
- ESG and directors' duties - where are we now? ClientEarth v Shell
- ESG and litigation risks
- EU sanctions: application of trusts measures outside the private trusts sphere
- EU sanctions: European Commission guidance on trusts measures
- EU sanctions: tweaking sanctions against trusts
- Fallout from the Swiss Flash Crash: market volatility, contractual terms and force majeure
- Finance litigation podcast
- Finance litigation podcast series 2020
- Finance litigation podcast series 2021
- Finance litigation podcast series 2022
- Finance litigation roundup - April 2024
- Finance litigation update - August 2023
- Finance litigation update - December 2019
- Finance litigation update - December 2021
- Finance litigation update - December 2022
- Finance litigation update - July 2021
- Finance litigation update - July 2022
- Finance litigation update – December 2020
- Finance litigation update – June 2020
- Finance litigation: 10 legal risks
- Financial mis-selling claims: A checklist for carrying out initial analysis of their prospects
- Financial mis-selling claims: Fine Care v Natwest Markets Plc
- Give back the money I sent you – I have made a mistake!
- Good faith v contractual discretion: context is king (Sibner v Jarvis Capital)
- Guaranteeing performance: Yuanda v Multiplex & Anor
- Hurricane Energy restructuring refusal: an ill wind blowing for bondholders?
- Implied terms, relational contracts and good faith: Taqa Bratani & Ors v Rockrose
- Is relief from liability a loss? (and other Quincecare questions): Stanford v HSBC
- ISDA Master Agreements (2019 webcast)
- Judging the EU Sanctions Blocking Regulation: Bank Melli v Telekom Deutschland
- Jurisdiction, negative declarations and estoppel: BNP Paribas SA (BNP) v Trattamento Rifiuti Metropolitani SPA (TRM)
- Key changes to UK sanctions regime - The Economic Crime (Transparency and Enforcement) Act 2022
- Knowing receipt: No continuing equitable proprietary interest, no liability (Byers v Saudi National Bank)
- Knowing receipt: not what you know but what you receive
- Knowing retention not knowing receipt?
- Knowing when you've novated: Musst Holdings v Astra Asset Management
- Lamesa v Cynergy: mandatory law in standard form contracts
- Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch)
- LIBOR transition: it's getting critical
- Limitation and the date of deception: European Real Estate Debt Fund v Treon & Ors
- Limitation in finance litigation: What would the reasonably diligent investor do?
- Limitation on summary determination: Libyan Investment Authority v Credit Suisse & Ors
- Litigation privilege: Loreley v Credit Suisse
- Losing the keys to the (bitcoin) kingdom: Tulip Trading v Bitcoin
- Managing the risk of preliminary professional advice – when can a professional be held to off the cuff advice? (Miller v Irwin Mitchell LLP)
- Marex: Where next for the rule against reflective loss?
- Misrepresentation requires ‘active appreciation’—assumption is not enough (Leeds City Council and others v Barclays)
- Moving money: Bitar v Bank of Beirut and Manoukian v SGBL
- Notice Clauses in Finance Contracts: Alfred Street v NAMA & Ors
- Ofgem fines Morgan Stanley for failure to record and retain electronic trading communications following traders' use of Whatsapp on personal phones
- Pending litigation, impending Brexit: What next for dispute resolution clauses?
- Philipp v Barclays: the careful calibration of the Quincecare duty
- Quincecare duty is flawed and based on a mistaken premise - Philipp v Barclays
- Quincecare: duty, trigger and breach Nigeria v JP Morgan Chase Bank
- Requests for disclosure from foreign courts: a question of compliance
- Reservation of Rights Letters following Lombard North Central plc v European Skyjets Ltd (in liquidation)
- Sanctions wave intensifies compliance headaches
- Secret commissions: no fiduciary duty required to find liability (Wood v Commercial First)
- Singularis: Quincecare revisited
- Skeletons in the closet: Supreme Court clarifies the meaning of "deliberate concealment" in the context of the Limitation Act 1980
- Standard clauses in finance contracts – why include them? (2019 webcast)
- States, take note: Law Debenture v Ukraine
- Swaps litigation and the capacity to contract: Deutsche Bank v Busto Arsizio
- The "Reflective Loss Rule" following the Supreme Court's decision in Marex: Primeo v Bank of Bermuda
- The English courts' approach to foreign law: Cassini v Emerald Pasture and Byers v Saudi National Bank
- The meaning of a "person discharging managerial responsibilities" in securities fraud litigation
- The myth of decentralised governance of bitcoin? Tulip Trading Ltd v van der Laan
- The new Financial Services and Markets Act 2023 provides for the revocation of swathes of EU-retained law relating to financial services and markets
- The purpose of a process agent: Banco San Juan International v Petróleos de Venezuela
- The Quincecare duty: what do banks need to know?
- The Quincecare duty: when shouldn’t you follow instructions?
- Travelport v WEX: what constitutes a material adverse effect?
- Two collisions, three appeals and a change in the common law
- UK and EU sanctions: recent developments
- UK sanctions: Russian-owned customers? Beware extended payment terms
- Unknown knowns, Norwich Pharmacal Orders & banks’ duties to their customers
- Unpacking the EU Sanctions Blocking Regulation: Bank Melli v Telekom Deutschland
- Venice swaps decision sunk by Court of Appeal (Banca Intesa v Venezia)
- Warehouse receipts - Contract, mistake and estoppel
- What does “mandatory law” really mean? Lamesa v Cynergy
- What should an ISDA notice of default include? Macquarie Bank v Phelan
- When can you terminate a contract for failing to obtain 'confirmed financing'? (Havila v Abarca)
- When is an Event of Default no longer "continuing" under the ISDA Master Agreement?
- When is talking to your lawyer not a privilege? CAA v Jet2 and RBI v ACE & Ashurst
Team
- Sue Millar
- Ian Childs
- Sean Crowley
- Charlotte Drake
- Richard Garcia
- Priya Grigoriadis
- Guy Harper
- Sean Jeffrey
- Emily Li
- Donna Newman
- Ivan Ng
- Genevieve Quierin
- Ben Sigler
- Dan Smith
- George Vaughton
- Stephen Davis
- Paul Hollands
- Michael Barron
- Chris Pettett
- Adam Polonsky
- Dylan Milner-Stopps
- Megan Pettinger
- Max Tranter
- Rebecca Garrick