Articles by author
Behind the Synthetic Capital Relief: understanding the litigation risk landscape
While synthetic capital relief transactions have not yet been the subject of reported litigation, their increasing use and structural complexity creates scope for disputes. In this article we examine the main areas of potential contention and consider the practical measures available to market participants to reduce the scope for disputes.
25 JUN 2026Increasing use of AI in financial services: managing the regulatory and litigation risks
The financial services sector is at the forefront of the AI revolution. In this article, we examine: (i) the approach to AI regulation in the sector; (ii) regulatory risks arising; (iii) possible litigation risks; and (iv) the practical steps that firms can take to mitigate such risks.
22 MAY 2026Financial product mis-selling claims against banks: the increasing willingness of the English courts to strike out allegations of fraud in “appropriate” cases
Traditionally, in a financial product mis-selling context, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to deal with opportunistic claims against banks (and other third parties) involving allegations of fraud without the need for a full trial, in “appropriate” cases. Two recent High Court judgments provide guidance on when the court will consider it appropriate to do so: Boyse (International) Limited v Natwest Markets plc & Anor3 and Elite Properties and Ors v BDO LLP.4
1 JAN 2021
