Banking Litigation Episode 32: Monthly update - January/February 2022

In this episode of our banking litigation podcast, we discuss and debate the 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 Phoebe Fox.You can find links to our blogs on the cases covered in this podcast below:•Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers https://hsfnotes.com/bankinglitigation/2021/12/15/privy-council-considers-reformulated-test-for-determining-scope-of-duty-of-care-owed-by-professional-advisers/•High Court considers the requirement for “awareness” in implied misrepresentation claims https://hsfnotes.com/bankinglitigation/2022/02/25/high-court-considers-the-requirement-for-awareness-in-implied-misrepresentation-claims/•High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation https://hsfnotes.com/bankinglitigation/2021/03/19/high-court-finds-that-a-claimants-awareness-of-a-representation-is-an-essential-prerequisite-to-a-claim-for-misrepresentation/•High Court decision in first s.90A FSMA claim to reach trial https://hsfnotes.com/bankinglitigation/2022/02/22/high-court-decision-in-first-s-90a-fsma-claim-to-reach-trial/•High Court upholds settlement agreement relating to earlier proceedings to bar counterclaim, confirming that “unknown” claims can be released https://hsfnotes.com/bankinglitigation/2021/12/16/high-court-upholds-settlement-agreement-relating-to-earlier-proceedings-to-bar-counterclaim-confirming-that-unknown-claims-can-be-released/?shared=email&msg=fail•A counterclaiming defendant can make a valid “claimant’s” Part 36 offer https://hsfnotes.com/litigation/2022/02/02/a-counterclaiming-defendant-can-make-a-valid-claimants-part-36-offer/•High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights https://hsfnotes.com/litigation/2022/01/26/high-court-finds-covid-19-pandemic-did-not-trigger-a-material-adverse-change-clause-in-a-contract-for-premier-league-broadcasting-rights/•High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights https://hsfnotes.com/litigation/2022/01/31/high-court-finds-covid-19-pandemic-amounted-to-force-majeure-event-enabling-party-to-terminate-contract-for-rugby-broadcasting-rights/Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/