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Banking Litigation Notes Blog

Articles: 1-10 of 309

High Court dismisses claim by Danish tax authority seeking recovery of £1.4 billion of dividend withholding tax refund paid under invalid claims from cum-ex trading

Denmark - December 19 2025 The High Court found that the claim failed because the tax authority did not discharge its evidential burden to establish that the corporate entities…

Court of Appeal dismisses borrower's application to control sale of commercial property in place of lender's appointed receivers

United Kingdom - December 17 2025 The Court of Appeal has dismissed a borrower's application seeking an order to take over the conduct of a sale of a commercial property, provided as…

High Court considers interaction between the reflective loss principle and the Contracts (Rights of Third Parties) Act 1999

United Kingdom - December 17 2025 The High Court has allowed an application for strike out and/or reverse summary judgment of a claim brought by an investor in a property…

High Court dismisses claim by advisory firm and broker-dealer for USD 11.6m success fee for provision of M&A services outside scope of agreement

United Kingdom - December 8 2025 The High Court has dismissed a claim by a boutique advisory firm and a broker-dealer (RMK) against a Belgian company (now CMB.TECH NV and formerly…

High Court applies "scope of duty" principle to limit damages claimed for breach of so-called Quincecare duty

United Kingdom - December 3 2025 The High Court has determined a number of applications for summary judgment/strike out in two claims for breach of mandate and the so-called…

Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made

United Kingdom - November 26 2025 The Board of the Privy Council has held that it is not a legal requirement of a claim for deceit that the claimant was consciously aware of a…

High Court upholds contractual limits on challenging enforcement action in cross-border finance transaction

United Kingdom - November 24 2025 The High Court has recently considered the enforceability of contractual provisions that purport to limit a party’s ability to challenge enforcement…

High Court finds default interest clause in loan agreement is not an unenforceable penalty

United Kingdom - November 18 2025 The High Court has found that a default interest clause in a short-term loan agreement was not extortionate, exorbitant or unconscionable and…

High Court dismisses judicial review challenge of FCA's Naming Announcement

United Kingdom - November 13 2025 The High Court has dismissed the first judicial review challenge to the Financial Conduct Authority's (FCA) interpretation and application of the…

County Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discrimination

United Kingdom - November 11 2025 The County Court has dismissed a discrimination claim brought against an accountancy firm, based on its refusal to provide payroll services to a…