Banking Litigation Podcast Episode 15: Monthly Update – February 2020

In our monthly update podcast, we look at key recent judgments likely to be of interest to 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 Daniel May.

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

• High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack
• High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no “relational contract” and rejecting claims for intimidation and economic duress
• High Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral scheme
• Joint Operating agreement arguably a "relational contract" but Commercial Court declines to imply duty of good faith or Braganza duty
• Court of Appeal finds legal advice privilege is subject to a “dominant purpose” test

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