Articles - DAC Beachcroft

Articles

Financial Services

D&O and FI Newsletter  -  Autumn 2020

D&O and FI Newsletter - Autumn 2020

Strictly Boardroom – why dancing around issues of diversity and inclusion is a risk for D&Os Two events have defined 2020: Covid-19 and the ...

Strictly Boardroom – why dancing around issues of diversity and inclusion is a risk for D&Os

Strictly Boardroom – why dancing around issues of diversity and inclusion is a risk for D&Os

Two events have defined 2020: Covid-19 and the Black Lives Matter movement. Whilst these events have tragedy at their core, they have brought into sha ...

Boohoo - A tearful lesson on supply chain ethics?

Boohoo - A tearful lesson on supply chain ethics?

On 24 September 2020, Alison Levitt QC published her independent report into the fashion giant, Boohoo PLC. This followed investigations and a report ...

Tesco Shareholder Litigation settles: a sign of the complexities of bringing securities class actions under s90A FSMA?

Tesco Shareholder Litigation settles: a sign of the complexities of bringing securities class actions under s90A FSMA?

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 (F ...

The impact of the Supreme Court judgment in Sevilleja v Marex on D&O claims

The impact of the Supreme Court judgment in Sevilleja v Marex on D&O claims

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 ...

Quincecare Duty and Dishonest Assistance – High Court provides guidance on novel quantum argument

Quincecare Duty and Dishonest Assistance – High Court provides guidance on novel quantum argument

In recent years there have been a number of claims brought against financial institutions alleging a breach of the Quincecare duty. This latest decisi ...

Refusal to Strike Out/give Summary Judgment demonstrates the Court’s willingness to consider the expansion of the ambit of Quincecare Duties

Refusal to Strike Out/give Summary Judgment demonstrates the Court’s willingness to consider the expansion of the ambit of Quincecare Duties

In Hamblin & Hamblin v World First Ltd and Moorwand NL Ltd, the High Court refused to strike out representative proceedings brought by the victims ...

Corporate Optimism - When a Puff is more than just hot air

Corporate Optimism - When a Puff is more than just hot air

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 ...

Judgment on FCA business interruption litigation

Judgment on FCA business interruption litigation

The Court has this morning delivered the keenly awaited Judgment in the FCA Test Case litigation concerning COVID-19 Business Interruption claims.  Th ...

New Capital Rules about Insurance Linked Securities and Subordinated Debt

New Capital Rules about Insurance Linked Securities and Subordinated Debt

Two new regulations to be issued in Brazil intend to get the insurance and reinsurance markets closer to the capital market, providing more capital an ...