Articles - DAC Beachcroft

Articles

April 2016

Banking and Finance Disputes Update - April 2016

Banking and Finance Disputes Update - April 2016

DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory ...

Employment Adviser Alert: Discrimination

Employment Adviser Alert: Discrimination

Requirement for Muslim jilbab not to present a tripping hazard was not discriminatory 

The "Wight" decision: Rectification claim succeeds to assist Claimant in swaps litigation

The "Wight" decision: Rectification claim succeeds to assist Claimant in swaps litigation

LSREF III Wight Limited ("Wight"), the Claimant is an Irish company which was the successor in title to a claim for an early termination payment.  The ...

Swap Mis-selling Claim Struck Out: Bank Wins Again

Swap Mis-selling Claim Struck Out: Bank Wins Again

In the case of WW Property Investments Ltd v National Westminster Bank Plc [2016] EWHC 378 (QB) the Claimant, ("WW") sought to advance a number of see ...

The Commercial Court provides guidance on the interpretation of defined terms and the implication of terms in complex commercial contracts

The Commercial Court provides guidance on the interpretation of defined terms and the implication of terms in complex commercial contracts

The claim concerned a series of transaction documents entered into as part of a structured note offering, the Anthracite Series 26 Note programme. The ...

Financial List decision significantly narrows applicability of Article 3(3) Rome Convention in interest rate swaps transactions

Financial List decision significantly narrows applicability of Article 3(3) Rome Convention in interest rate swaps transactions

In Banco Santander Totta SA v Companhia de Carris de Ferro de Lisboa SA & others, a decision with potentially significant implications for parties ...

Panama Paper Leak: The implications for financial compliance

Panama Paper Leak: The implications for financial compliance

The leak of confidential files by the Panamanian law firm, Mossack Fonseca, two weeks ago has highlighted the reputational risks of engaging in off-sh ...

FCA bans ex-RBS LIBOR Submitter for involvement in rigging rates. But its reasoning is questionable.

FCA bans ex-RBS LIBOR Submitter for involvement in rigging rates. But its reasoning is questionable.

This month the FCA published its Final Notice banning Mr Paul White ("Mr White"), a former LIBOR Submitter and trader at RBS from working in the finan ...

Hong Kong - Direct Liability of data processors for marketing activities

Hong Kong - Direct Liability of data processors for marketing activities

Following two recent cases in Hong Kong, it now appears that organisations carrying out marketing activities on another organisation's behalf will be ...

Real Estate Tip of the Week: No Go for Guarantor Assignment

Real Estate Tip of the Week: No Go for Guarantor Assignment

A recent Court decision (EMI Group Limited v O & H Q1 Limited) has confirmed for a 'new' tenancy (which is, subject to a few exceptions, one grant ...