Our articles are written by experts in their field and include individual barristers, solicitors, academics, judges, and leading firms in relevant areas of practice. JIBFL offers authoritative insights into global banking and financial law, providing essential updates for legal practitioners and policymakers. Covering key topics like lending, security interests, derivatives, debt capital markets, banking and finance related disputes, crypto, FinTech and financial regulation, JIBFL serves as a trusted resource for navigating complex legal challenges and staying informed in the financial sector. If you would like to contribute, please email .

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UK consumer class actions at an inflection point

The landscape of consumer claims against financial services firms is entering a new era. In this article, we examine: (i) the structural forces accelerating consumer mass claims in the UK; (ii) recent judgments shaping the scope of consumer claims in practice, including the broadening concept of unfairness under the Consumer Credit Act 1974; (iii) key procedural developments, including the Law Commission’s project considering a standalone consumer class actions regime; and (iv) the next litigation frontiers for the financial services sector.
26 September 2026

AI in the trade lifecycle: documentation implications in light of the five stages of AI regulation in the EU and UK

This article traces five regulatory stages for AI in financial services: conduct risk, governance, operational risk, prudential risk and financial infrastructure. Agentic AI has accelerated the transition towards prudential and infrastructure frameworks, shifting regulation from addressing AI itself to addressing AI-dependent financial systems – a fundamentally different undertaking with profound implications for trading documentation.
26 September 2026

Before financing electronic trade documents: five questions lenders should ask

Electronic trade documents can remove paper from trade finance without removing the legal work that paper possession used to perform. For a lender, the practical question is not whether a platform calls a record “controlled”, but whether the transaction can prove a legally operative record, exclusive and divestible control, the relevant perfection or priority route, alignment with the goods and bailee, and durable evidence after failure or change of medium. This article uses the UK Electronic Trade Documents Act 2023, Ontario’s electronic-chattel-paper rules and Canadian federal trade-document statutes to frame five closing questions for financing counsel. 

26 September 2026

Automation and digitisation of capital markets closing opinions

Closing opinions are a familiar condition of capital markets and banking transaction closing. They provide independent legal assurance on matters such as entity status, capacity, authorisation, validity, binding effect, enforceability, conflicts, consents, governing law and reliance. These opinions are already relatively standardised in substance, but their key legal conclusions and limitations are still expressed primarily in prose, requiring manual extraction before they can be used in transaction and risk systems. Even when opinions are circulated electronically (such as in PDF form), their key conclusions, assumptions and qualifications are usually unavailable as data and must be read, interpreted and entered into other systems by hand. In fact in some cases, the PDF may still be in image-based form, and require an OCR process to make it machine-readable.
This article argues for a dual format model in which the traditional opinion letter retains its status as the authoritative legal instrument and is accompanied by a structured, machine-readable data layer linked to the relevant source text. It explains why this approach is increasingly necessary, identifies which elements are suitable for structuring, proposes a five-layer standards stack as well as outlining a pragmatic implementation roadmap. The objective is not to automate professional judgement, rather it is to make the standardised outputs of that judgement more usable, traceable and interoperable within modern capital markets infrastructure. We believe that is necessary to bring the digital agenda to legal opinions that are currently left behind in an analogue world.
26 September 2026

Mortgage possession orders and Russian sanctions

In this article, the author questions the decision reached in West One Loan Limited v Okroyan  [2026] EWHC 142 (Ch) in light of the Supreme Court decision in Celestial Aviation Services Ltd v UniCredit Bank AG  [2024] EWCA Civ 628.
26 September 2026

Loan-linked hedging for the buy side – Part 2 (of 10): when things go wrong

This article examines hedging failures: premature trade terminations, HedgeBK suspending ongoing settlement payments, default contagion and adverse impact on hedged facilities. These emerge from different layers or facets of a trade.As an "ISDA Agreement", a trade faces termination risk and Section 2(a)(iii) Risk. Ongoing settlement payments by HedgeBK to HedgeCO may be suspended, unpaid, under MA s 2(a)(iii). A weakness for all hedging products, suspensions would become particularly vexing (1) after minor or "mid-grace period" Events of Defaults; or (2) for Prepaid Caps with premia already paid upfront on trading.
"Hedging Agreement" status is a double-edged sword. Once a trading or 
related document becomes a Hedging Agreement, it may, from there, evolve into a "Finance Document" for certain Facility Agreement events of default, increasing a Borrower's facility default risk. Conversely, in multi-tiered structures, Hedging Agreement status may be valuable. Hedge Counterparties are reined back, through the Intercreditor Agreement, from taking certain action under Hedging Agreements. For trades hedging debt in such structures, not being a Hedging Agreement presents risk: a common concern for some Prepaid Caps.
Finally, "Finance Document" breaches from hedging issues, substantively 
or definitionally, afford wide-ranging Lender remedies, culminating in acceleration of the very facilities the hedging was designed to protect.We build on concepts and definitions set out in Part 1 of the series.
 

26 September 2026

Transatlantic tremors: how the Serta verdict is reshaping global debt restructuring

On 7 July 2026, the United States Bankruptcy Court for the Southern District of Texas fundamentally altered the calculus of distressed debt restructuring. In a landmark memorandum opinion, Judge Christopher Lopez ordered lenders who participated in Serta Simmons Bedding's 2020 liability management exercise (LME)1 to pay $261.13m in damages plus $142m in mandatory prejudgment interest to excluded minority lenders.2 The ruling culminates a six-year legal odyssey that began when Serta invoked an undefined "open market purchase" exception to execute an unprecedented non-pro rata uptier exchange.

Its damages calculation raises questions about its anticipated impact on concurrent LME litigation in the US and in Europe. 

26 September 2026

Bridging public regulations and private rights in the US GENIUS Act and Hong Kong’s Stablecoins Ordinance – Part 3: fraud and AML

This Part 3 focuses on the protection of stablecoin holders’ interests in instances of fraud and misappropriation and on who bears the burden of AML compliance.
26 September 2026

The state of third-party litigation funding: what companies facing funded claims need to know – Part II: the US

Third-party litigation funding (TPLF) is increasingly commonplace in complex cases. Heavily funded cases expose businesses to heightened risk and more expansive, protracted litigation, all while stirring up myriad legal and ethical minefields. 2026 is a pivotal year for TPLF, with landmark legislative proposals, judicial decisions and regulatory developments across the US, UK and EU. Companies are well advised to stay alert as its use (and the attendant risks) continue to evolve.
Part 1 of this two-part series, published in the last edition of this journal, focused on the dynamics in the UK and EU. This article, Part II of the series, summarises the current TPLF landscape in the US, as well as suggesting the key takeaways from Parts I and II taken together.
26 September 2026

The third-country branch requirement, reverse solicitation and grandfathering: unresolved questions under Art 21c

Article 21c requires non-EU lenders to establish a locally authorised branch before providing core banking services within a Member State’s territory, replacing the patchwork of national regimes with a single EU-wide framework. However, key elements of CRD VI are drafted on a minimum-harmonisation basis and Member States have transposed the Directive with markedly different speed and rigour, meaning non-EU lenders continue to face a nuanced, jurisdiction-by-jurisdiction landscape. This article examines that landscape together with some particular challenges: the reverse solicitation exemption, the scope of grandfathering protections, and the meaning of carrying out activities “in the relevant Member State”.
26 September 2026
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