The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm in its announcement regarding the commencement of an investigation. Jon Ford, James Wood, and Michael Tan discuss the judgment and what it has to say about the "exceptional circumstances" test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1) and here (Part 2) and our blog post on the judgment can be found here.

In this FESTIVE SPECIAL 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 guests Sarah Penfold, Charlotte Benton, Alexander Gridasov, Tom Wyer, Nic Patmore, Scott Warin and Tim Kyriakou. 

 You can find links to our blog posts on the case covered in this podcast below:

• High Court finds default interest clause in loan agreement is not an unenforceable penalty
• County Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discrimination
• Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made
• High Court dismisses judicial review challenge of FCA's Naming Announcement
• High Court confirms that non-authorised fee earners cannot conduct litigation
• Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026
• 2025 Global Bank Review - Innovating amid turbulence

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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 Tom Wyer.

You can find links to our blog posts on the case covered in this podcast below:

• Court of Appeal finds PSP liable for deceitful representations made by agent acting with apparent/ostensible authority
• High Court finds investment bank entitled to success fee under mandate executed by company's agent acting with apparent authority
• High Court holds that exercise of rights under charge document is not subject to Braganza duty
• High Court finds "retrieval duty" arguable against sending bank in an APP fraud context
• Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement
• FSR Brief EP9: Motor Finance redress proposal - beginning of the end? 
• Solicitors Regulation Authority reviews high-volume consumer claims sector
• Biannual Banking Litigation Update (Autumn 2025)

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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 Nic Patmore.

You can find links to our blog posts on the case covered in this podcast below:

• Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms
• Banking Litigation Podcast Episode 54: Hopcraft Special Edition
• English High Court decides in favour of banks in EuroChem bond claim, confirming payment under on-demand bonds prohibited due to Russian sanctions
• High Court grants bank stakeholder relief under CPR Part 86 in USD 11 million deposit dispute involving competing claims
• High Court permits documents obtained via Norwich Pharmacal Order to be used against disclosing bank in related APP fraud claim
• Financial List finds claim for declaratory relief brought by ultimate beneficial owners of loan notes against issuer is arguable
• Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders
• Hague 2019 Judgments Convention comes into force in UK
• Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation

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In this SPECIAL EDITION of our banking litigation podcast, we consider the Supreme Court's much-anticipated judgment in Hopcraft & Anor v Close Brothers Limited [2025] UKSC 33 (relating to lender liability for the payment of third-party broker commissions in the motor finance context) and its key implications for financial services firms. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Emma Deas and Hywel Jenkins.

You can find links to our blog posts on the case covered in this podcast below:

• Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms.
• Court of Appeal finds lenders liable in motor finance broker commission cases.

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On 3 June 2025, the FCA published PS25/5 which included the final version of its updated Enforcement Guide. In Episode 7 of the FSR Brief, Jon Ford and Michael Tan discuss the key changes to the FCA's approach to transparency in relation to investigations and the other changes to the Enforcement Guide, and how these may play out in practice. For an overview of the changes, read our blog post on PS25/5.

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 Alexander Gridasov.

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

• County Court considers limitation period for unfair relationship claim in secret commission case
• Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty
• High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction
• Court lambasts citation of fake authorities in proceedings and orders wasted costs
• Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses
• Asymmetric jurisdiction clauses: when will they be effective? 
• An overview of potential disputes caused by market dislocation
• Greenwashing at a glance - regulatory sanctions and claims in financial services across Europe

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After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities".

We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers.

This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules, and the blog post about the draft rules.

In this edition of our banking litigation podcast, we discuss and debate 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 Ariel Wiebe.

You can also listen on Apple, Spotify, Buzzsprout and SoundCloud, and find links to our blog posts on the cases covered in this podcast below:

• Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims
• High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms
• High Court confirms no novel "retrieval" duty owed by receiving banks to non-customers
• High Court rules in favour of APP fraud victims in "derivative" action against PSP for breach of so-called Quincecare duty
• Banking litigation podcast episode 51: Quincecare special – March 2025
• High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission
• Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice
• Hedging: where is the dividing line? 
• Biannual Banking Litigation Update (Spring 2024)

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As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.