Libor Cases - A Return to Normality?
15.04.2013 After the excitement generated by Mr Justice Flaux's favourable treatment of claimants who claimed to have suffered from the rigging of the LIBOR rates (see the article on 04.12.12) Mr Justice Cooke took a more traditionalist line, so Banks 1 Customers 1
Worldwide Freezing Orders in Aid of Foreign Proceedings - Pushing the Limits?
17.12.12 Just what happens when a judge makes it a bit easier to pull the trigger on one of the law's nuclear weapons: an order freezing a defendant's assets all over the world in a case which is being dealt with in a foreign court?
Can a contractual warranty be a representation?
12.12.12 If the defendant has successfully excluded liability for a breach of a term (warranty) in a contract, can the term itself be a representation on which the claimant relied and can sue on if it turns out to be false? The courts say "no".
LIBOR – Has Mr Justice Flaux opened the Floodgates?
04.12.12 . Another judge thinks so (see above).
Is There Any Protection for the Sophisticated Investor?
24.09.12 You may feel proud when your bank decides that you are a "sophisticated investor", but beware it can cost you protection under the Financial Services legislation and make it harder for you to claim that the bank owed you a duty of care when recommending investments.
Best Endeavours and Reasonable Endeavours
18.09.12 These commonly used terms in contracts often cause problems. What do they mean? Yet again the courts grapple with deciding what a party has to do to satisfy a term that requires it to use "best" or "reasonable" endeavours to achieve a result . To what extent must it sacrifice its own interests in order to avoid being in breach of contract?