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We look at jurisdiction, governing law, service of proceedings, enforcement of judgments and the legacy of the supremacy of EU law.
Submitted: 09 March 2018
ISDA has published a new Choice of Court and Governing Law Guide following a consultation with its members last year.
Submitted: 05 March 2018
A bank acting as security lending agent was under a duty to communicate a fair view of the risk of default and loss arising from an investment it had made on its client's behalf.
Submitted: 01 March 2018
No cross-undertaking in damages necessary for FSA acting in pursuance of its public duty.
Submitted: 27 February 2018
Subsequent communications between the parties can be taken into account when assessing whether a contract has been formed between them at a given time.
Whilst an ombudsman has to consider relevant law when reaching a decision, the law does not have to be strictly applied if in his view a conclusion contrary to the law would be fair and reasonable in all the circumstances and can be clearly articulated.
Internal investigations: The shrinking scope of legal professional privilege.
Court clarifies that FOS does not have jurisdiction to consider a firm’s complaints handling procedure but can only consider complaints that are about “the provision of or failure to provide a financial service or a redress determination”.
Mandatory requirements of local law are unlikely to apply to derivative contracts agreed on the basis of ISDA documentation, which is inherently of an international nature.
Court endorses contempt of court as basis for claim in conspiracy and confirms jurisdiction of the English courts where the conspiracy was “hatched” in England.
The High Court considers the meaning of the word “materiality” in deciding whether a termination event had occurred under an exclusivity agreement between the Claimant entities (an asset management group) and the Defendant.
Podcast 632: How should businesses prepare for GDPR? Privacy impact assessments
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