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UK: A new litigation risk for PSPs? Quincecare claim brought by derivative action is successful

Ever since the Supreme Court held, in Philipp v Barclays Bank plc1(Philipp), that claims based on the Quincecare duty against the payment services provider (PSP) which paid the funds away were not open to victims of...more

UK: “Duty of retrieval” rejected: why banks do not owe a duty to recover funds lost through APP fraud

Banking fraud of all types is an ever increasing problem in today’s society, and takes a multitude of forms. On a basic level, frauds can be divided into two types. Unauthorised fraud, where the victim does not provide...more

UK: Part two in the FCA’s quest for transparency

Late last month the UK Financial Conduct Authority (FCA) published consultation paper CP24/2 Part 2, through which it is seeking views on “significant” changes to its proposals to announce the opening of an enforcement...more

UK: Trends in FCA enforcement activity 2023/24 and what lies ahead

This month the UK Financial Conduct Authority (FCA) published its Annual Report and Accounts covering the period April 2023 – March 2024, which includes information on its enforcement activity during that period. The FCA has...more

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

(Discussion Recap) A Perfect Storm? Panel Discussion on Handling a Cybersecurity Incident

Using a hypothetical case study, revealed in a series of short animations, Hogan Lovells partners Philip Parish, Arwen Handley, Nicola Fulford and Peter Marta considered topics such as good cyber incident preparedness, board...more

UK Supreme Court upholds first breach of Quincecare duty

At the end of last month, the Supreme Court gave judgment in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe Ltd.This is the first case in which a bank has been held to have breached its...more

The impact of Brexit on the enforcement of judgments between the UK and EU Member States post-Brexit

The impact of Brexit on the enforcement of judgments between the UK and EU member states is increasingly at the forefront of businesses' minds. This blog describes how the current system of reciprocal enforcement of judgments...more

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