Financial Crime and Corruption By Jonathan Brogden Topical news and thought leadership on issues relating to economic crime, money laundering, bribery and corruption.
D&O and FI Newsletter - Autumn 2021 By Francesca Muscutt DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and contacts Informed Insurance delivers fresh thinking on hot topics across the full spectrum of insurance risks and our global locations. Visit …
From Panama to Pandora – lifting the lid on the offshore sector again By Ross Risby The offshore sector is once again making international headlines following a leak of millions of documents to a group of investigative journalists. The scandal, known as the “Pandora papers”, concerns a leaked cache of around 12 million records…
Leeds City Council & others -v- Barclays Bank Plc & another [2021] EWHC 363 (Comm) By Graham Ludlam In this recent decision , the High Court considered how reliance, in a claim for misrepresentation against a bank, should be established and more particularly, whether the claimant must be aware of the representation to ‘rely’ on it. It is the…
How will Covid-19 impact D&O claims? By Graham Briggs The economic uncertainty for companies caused by the Covid-19 pandemic has placed a heavy burden on directors. That burden of responsibility is set to become even heavier as the temporary measures introduced in 2020 to support companies during the…
D&O and FI Newsletter - Spring 2021 By William Allison NatWest’s dirty laundry: will the directors be hung out to dry? The FCA has sent a clear message that it will not tolerate failures in…
Is the Employment Tribunal a Court? Insurers can be named in Employment Tribunal proceedings in place of insolvent insureds By Graham Briggs The Court of Appeal has held that the meaning of “court” in the context of Third Parties (Rights against Insurers) Act 2010 (“the Act”) includes an Employment Tribunal (“Tribunal”). This means that tribunals have jurisdiction to hear a claim…
Corporate Optimism - When a Puff is more than just hot air By Graham Ludlam In the US, courts have largely found statements of “puffery”, also described as “corporate optimism”, to be non-actionable. In the wake of the #MeToo movement and the Covid-19 pandemic however, plaintiffs are undeterred and the landscape is being…
Quincecare Duty and Dishonest Assistance – High Court provides guidance on novel quantum argument By Francesca Muscutt In recent years there have been a number of claims brought against financial institutions alleging a breach of the Quincecare duty. This latest decision of the High Court in Stanford International Bank v. HSBC considered a novel point -…
The impact of the Supreme Court judgment in Sevilleja v Marex on D&O claims By William Allison The recent Supreme Court judgment in Sevilleja v Marex (July 2020) has narrowed the scope of the legal principle of reflective loss. It confirms that reflective loss does not prevent claims by non-shareholders, which may increase the likelihood…
Tesco Shareholder Litigation settles: a sign of the complexities of bringing securities class actions under s90A FSMA? By Graham Ludlam October 2020 was all set for the first ever trial of claims brought by shareholder groups under Section 90A Financial Services and Markets Act 2020 (FSMA) against a company. However, we will all need to wait for the court to dip its feet into the…
