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 decision
• High Court confirms debtor must prove illegality where payment withheld as a result of sanctions
• High Court dismisses force majeure and trade sanctions defences in breach of contract claim, and considers “ownership and control” test under UK sanctions
• Court of Appeal allows secret commissions claim to proceed as representative action on “opt out” basis
• CPR 19.8 representative action: “bifurcated process” adopted in claim by bank against representative defendant
• High Court strikes out novel bid to bring securities class action using CPR 19.8 representative action as “opt-in” procedure
• Supreme Court confirms key elements of claim in knowing receipt in failed claim against bank

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