58 episodes

A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com

Financial Services Disputes and Regulation Herbert Smith Freehills Podcasts

    • Business

A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com

    Banking Litigation Episode 44: Monthly update - January/February 2024

    Banking Litigation Episode 44: Monthly update - January/February 2024

    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 Nora van Meerwijk.
    You can find links to our blogs on the cases covered in this podcast below:
    Court of Appeal overturns High Court’s high-profile Italian swaps decisionHigh Court confirms debtor must prove illegality where payment withheld as a result of sanctionsHigh Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers “ownership and control” test under UK sanctionsCourt of Appeal allows secret commissions claim to proceed as representative action on “opt out” basisCPR 19.8 representative action: “bifurcated process” adopted in claim by bank against representative defendantHigh Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as “opt-in” procedureSupreme Court confirms key elements of claim in knowing receipt in failed claim against bankDon't forget to subscribe to the banking litigation blog.

    • 23 min
    Banking Litigation Podcast Episode 43: Monthly update - November/December 2023 (Festive Special)

    Banking Litigation Podcast Episode 43: Monthly update - November/December 2023 (Festive Special)

    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 Mark Tanner, Charlotte Benton, Scott Warin, Tom Wyer, Catherine Bagge and Janelle Chang.
    You can find links to our blogs on the cases covered in this podcast below:
    High Court refuses interim payment application in Russian sanctions-related litigationHigh Court finds that lender suffered no loss despite negligent valuation of securityPrivy Council considers Norwich Pharmacal and Bankers Trust disclosure orders against banksCompany not ordered to disclose privileged documents to shareholders in context of late application in securities class actionTrilogy of decisions shows English courts’ approach to granting anti-suit injunctions in support of foreign-seated arbitrationsHigh Court confirms that conscious "awareness" of a representation is an essential (and distinct) element to a claim for misrepresentationDon't forget to subscribe to the banking litigation blog.

    • 38 min
    Banking Litigation Podcast EP42: Monthly update – September/October 2023

    Banking Litigation Podcast EP42: Monthly update – September/October 2023

    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 creditorsCourt of Appeal confirms judgments can be entered in favour of Russian sanctioned parties but leaves uncertainty in relation to the “ownership and control” testSanctions tracker – new UK guidance following Mints decision on ownership and controlCorrespondence about possibility of ADR was not “without prejudice” despite being marked as suchSupreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996High Court rules on common law enforceability of foreign judgment in E&WRegime of fixed recoverable costs now in force for claims up to £100,000Don't forget to subscribe to the banking litigation blog.

    • 17 min
    Banking Litigation Podcast EP41: Monthly update - July/August 2023

    Banking Litigation Podcast EP41: Monthly update - July/August 2023

    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 Scott Warin. 
    You can find links to our blogs on the cases covered in this podcast below: 
    The Supreme Court’s judgment in Philipp v Barclays: key takeaways for financial institutions executing customer paymentsHigh Court confirms refusal of permission for ClientEarth derivative action against Shell directorsHigh Court refuses permission to continue derivative claim against bank as an alleged shadow directorSupreme Court decision today means most existing UK litigation funding agreements likely to be unenforceableUK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sectorEnglish Commercial Court takes rare decision to refuse enforcement of arbitration award on public policy grounds in crypto case Don't forget to subscribe to the banking litigation blog.

    • 22 min
    Banking Litigation Episode 40: Monthly update - May/June 2023

    Banking Litigation Episode 40: Monthly update - May/June 2023

    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 Eleanor Dole Sheaf.
    You can find links to our blogs on the cases covered in this podcast below:
    High Court considers impact of Russian sanctions regimes in UK, EU and US on payment obligations under standby letter of creditHigh Court dismisses claim to recover US investment bank’s success fee in connection with the public offer of shares in Indian bankHigh Court refuses permission for climate-change activist shareholder to bring derivative action on behalf of Shell plc against its directorsLitigation privilege not restricted to parties to litigation, and other helpful points regarding privilegeUK listing and prospectus regime reform: potential impact on securities litigationThe end of the road for USD LIBOR?Retained EU Law: no sweeping sunset at the end of the yearBiannual Banking Litigation Update (Spring 2023)Don't forget to subscribe to the banking litigation blog.

    Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Eleanor Dole Sheaf (Senior Associate).

    • 20 min
    Banking Litigation Episode 39: Monthly Update – March/April 2023

    Banking Litigation Episode 39: Monthly Update – March/April 2023

    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 blogs on the cases covered in this podcast below:
    High Court considers reliance in s.90A FSMA claims in context of split trial applicationHigh Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6Hong Kong court provides novel and influential analysis of the Quincecare dutyHigh Court finds UK sanctions do not preclude entry of judgments in favour of Russian sanctioned partiesHigh Court underlines need to consider scope of agency in considering whether documents to which agent has access are in principal’s controlPart 36 offer to settle “the whole of the claim” did not include claims set out in draft amended pleadings Don't forget to subscribe to the banking litigation blog.

    • 19 min

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