In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more
In Tulip Trading Limited v Bitcoin Association for BSV, the High Court summarily dismissed Tulip's claim against certain bitcoin software developers and controllers. In doing so, the Court held that cryptoasset software...more
In Philipp v Barclays Bank UK PLC, the Court of Appeal held that the Quincecare duty may apply to direct customer instructions (not just those through an agent), such that banks may be liable for failing to protect against...more
3/24/2022
/ Appeals ,
Banking Sector ,
Banks ,
Duty of Care ,
Financial Crimes ,
Financial Institutions ,
Fraud ,
International Litigation ,
Policies and Procedures ,
Standard of Care ,
UK
In Damoco (Bermuda) Ltd and Others v Atlanta Bidco Ltd, the High Court rejected claims as to the longstop date for accounts needed to calculate a contractual payment. Instead, the Court adopted a much narrower interpretation...more
Non-compete restrictions for key stakeholders are common in shareholders' agreements. In Guest Services Worldwide v Shelmerdine, the Court of Appeal upheld a 12-month post-departure restriction, rejecting arguments that...more
2/24/2020
/ Appeals ,
Consultants ,
Employee Shareholders ,
Non-Compete Agreements ,
Public Policy ,
Restrictive Covenants ,
Reversal ,
Scope and Duration of Restrictive Covenant ,
Shareholders ,
Shareholders' Agreements ,
UK