Financial Services Disputes and Regulation

Banking Litigation Episode 42: Monthly update – September/October 2023


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In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Charlotte Benton. 

You can find links to our blogs on the cases covered in this podcast below:

  • High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors
  • Court of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the “ownership and control” test
  • Sanctions tracker – new UK guidance following Mints decision on ownership and control
  • Correspondence about possibility of ADR was not “without prejudice” despite being marked as such
  • Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996
  • High Court rules on common law enforceability of foreign judgment in E&W
  • Regime of fixed recoverable costs now in force for claims up to £100,000

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