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1 month ago | 
herbertsmithfreehills.com | John Corrie |Daniel May |Ceri Morgan
The High Court has ruled in favour of the claimant banks in a recent Italian swaps judgment: Deutsche Bank and Dexia v Provincia di Brescia [2024] EWHC 2967 (Ch). In its judgment, the High Court upheld the validity and enforceability of interest rate derivative transactions which the public authority of Brescia was challenging on the basis of the landmark 2020 Italian Supreme Court decision in Banca Nazionale del Lavoro SpA v Comune di Cattolica (8770/2020).
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Dec 11, 2024 | 
lawgazette.co.uk | Ceri Morgan
Like many lawyers, I am a planner. But sometimes things do not go to plan, and that is a good thing.
My plan (version 1) was to complete the journey from state school education to City law firm partner. This was always the ultimate goal and what I thought ‘success’ would look like. But things changed after having my first child in 2011. In part, this was driven by my personality.
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Sep 27, 2024 | 
lawgazette.co.uk | Ceri Morgan
One year on from the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25, the English courts are still grappling 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.
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Jul 1, 2024 | 
lexology.com | Chris Bushell |Andrew Cooke |Ceri Morgan
In the latest in a series of claims against receiving banks arising out of authorised push payment (APP) fraud, the High Court has refused to strike out/give reverse summary judgment on a claim for unjust enrichment against a well-known electronic money institution: Terna Energy Trading DOO v Revolut Ltd [2024] EWHC 1419 (Comm).
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Apr 18, 2024 | 
lexology.com | Simon Clarke |Ceri Morgan |Nihar Lovell
In a recent High Court decision, the court examined a claim against a bank for fraudulent misrepresentations made by its former corporate banking relationship manager, finding that the bank was vicariously liable on the basis that the employee had apparent authority to make the representations relied upon by the claimant: Vegesentials Ltd & Anor v Shanghai Commercial & Savings Bank Ltd [2024] EWHC 7 (Ch).
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Apr 1, 2024 | 
mondaq.com | Chris Bushell |Jenny Stainsby |Ceri Morgan
In a significant decision in the context of claims brought by
the victims of authorised push payment (APP)
frauds, the High Court has considered whether a sending and/or
receiving payment service provider (PSP) owes a
duty, directly to the victim of the fraud, to take reasonable steps
to retrieve or recover the sums paid out as result of the APP fraud
(i.e. a “retrieval duty”): CCP
Graduate School Ltd v National Westminster Bank plc &
Anor [2024] EWHC 581.
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Mar 26, 2024 | 
lexology.com | Chris Bushell |Jenny Stainsby |Ceri Morgan
In a significant decision in the context of claims brought by the victims of authorised push payment (APP) frauds, the High Court has considered whether a sending and/or receiving payment service provider (PSP) owes a duty, directly to the victim of the fraud, to take reasonable steps to retrieve or recover the sums paid out as result of the APP fraud (i.e. a “retrieval duty”): CCP Graduate School Ltd v National Westminster Bank plc & Anor [2024] EWHC 581.
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Jan 24, 2024 | 
mondaq.com | Damien Hill |Ceri Morgan |Daniel May
The Court of Appeal has overturned the High Court's decision
that interest rate swaps entered into between the appellant banks
and an Italian local authority were void for lack of capacity: Banca Intesa Sanpaolo and Dexia Credit Local SA
v Comune di Venezia [2023] EWCA Civ 1482.
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Aug 30, 2023 | 
latinvex.com | Chris Bushell |Daniel May |Ceri Morgan
UK High Court rules against Republic of Argentina in GDP-linked sovereign bond claim.
BY CHRIS BUSHELL, DANIEL MAY AND CERI MORGAN
The High Court has ruled against the Republic of Argentina (Republic) in a claim brought by investors in Euro-denominated sovereign bonds issued in 2005 and 2010 for approximately €1.33 billion: Palladian Partners & Ors v The Republic of Argentina & Anor [2023] EWHC 711 (Comm).
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Aug 7, 2023 | 
mondaq.com | Chris Bushell |Daniel May |Ceri Morgan
The High Court has ruled against the Republic of Argentina
(Republic) in a claim brought by investors in
Euro-denominated sovereign bonds issued in 2005 and 2010 for
approximately ?1.33 billion: Palladian Partners & Ors v The Republic of
Argentina & Anor [2023] EWHC 711 (Comm).
