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.

Don't forget to subscribe to the banking litigation blog.

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.

The UK Financial Conduct Authority (FCA) has announced its decision to drop its controversial proposals published last year to name firms it is investigating at an early stage and before any findings of misconduct have been made (sometimes referred to as 'name and shame'). In this episode of the FSR Brief, Jon Ford and Michael Tan discuss the announcement and key outstanding questions and reflect on the FCA's consultation process and decision to ultimately reverse track.

Read more on our blog post.

In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin.

The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue.  While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law.

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

• Payment processing risks in a post-Philipp v Barclays world
• Facing into the UK's APP Fraud Reimbursement Requirement
• The Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments
• High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty
• Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care 
• Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of care
• Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment
• High Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPs

Please subscribe to the podcast channel here to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.

In this third episode of the FSR Brief, Jon Ford, Hywel Jenkins, Michael Tan and Elizabeth Stephens explore the FCA and FOS' recent Call for Input (CFI) on 'Modernising the Redress System'. They discuss the key aims of the CFI, current issues seen within the redress framework and suggest potential areas of reform to ensure the redress system works for stakeholders across the financial services industry.