Judgments

Summaries of some recent Financial List judgments. Full details are available on the National Archives.

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd Queen’s Bench Division (Commercial Court) [2022] 4 WLR 67 (Robin Knowles J)

Disclosure – Legal professional privilege – Litigation privilege – Company officers

The full judgment may be found at: [2022] EWHC 1136 (Comm) https://caselaw.nationalarchives.gov.uk/ewhc/comm/2022/1136

Allianz Global Investors GmbH v G4S Ltd (formerly GS4 Plc) (Miles J) [2022] Bus LR 566

FSMA 2000 s 90A – De facto Directors – False Statements – Striking Out

The full judgment may be found at: [2022] EWHC 1081 (Ch) https://caselaw.nationalarchives.gov.uk/ewhc/ch/2022/1081

Bilta (UK) Ltd (In Liquidation) v SVS Securities Plc (Marcus Smith J)

Tort- Breach of fiduciary Duty – Dishonest Assistance – Fraudulent Trading – Limitation

The full judgment may be found at: [2022] EWHC 723 (Ch) https://caselaw.nationalarchives.gov.uk/ewhc/ch/2022/723

Allianz Global Investors GmbH v RSA Insurance Group Ltd (formerly RSA Insurance Group Plc) (Miles J)

Financial Regulation – Annual Reports – False Statements – Limitation Act s 32

The full judgment may be found at [2021] EWHC 2950 (Ch)  https://caselaw.nationalarchives.gov.uk/ewhc/ch/2021/2950

Deutsche Bank AG London v Comune di Busto Arsizio (Cockerill J)

Banking and finance – Swap Agreements – Hedging – Foreign Law – Contractual Estoppel

The full judgment may be found at: [2021] EWHC 2706 (Comm)

PJSC Bank “Finance and Credit” v Zhevago (Flaux CHC)

Jurisdiction – tort – Waiver – Forum non Conveniens – Ukraine

The full judgment may be found at [2021] EWHC 2522 (Ch)

Various Claimants v G4S Plc [2021] 4 WLR 46 (Mann J)

Group litigation – addition of parties – mistake

The full judgment may be found at [2021] EWHC 524 (Ch)

Leeds City Council v Barclays Bank Plc Queen’s Bench Division [2021] QB 1027 [2022] ! All ER (Comm) 569 (Cockerill J)

Misrepresentation – Banking – Striking Out

The full judgment may be found at [2021] EWHC 363 (Comm) https://caselaw.nationalarchives.gov.uk/ewhc/comm/2021/363

Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] Lloyd’s Rep. I.R. 527 (Flaux CHC and Butcher J)

Contract – construction – business interruption insurance – Coronavirus

The full judgment may be found at [2020] EWHC 2448 (Comm)  https://caselaw.nationalarchives.gov.uk/ewhc/comm/2020/2448

Omers Administration Corporation & Ors v Tesco PLC (Hildyard J)

Disclosure of documents – documents obtained by SFO by compulsion- whether relevance to the proceedings outweighed confidentiality – whether safeguard to protect confidentiality should be imposed

The full judgment may be found at [2019] EWHC 109 (Ch). https://caselaw.nationalarchives.gov.uk/ewhc/ch/2019/109

SL Claimants v Tesco PLC (Hildyard J)

FSMA Schedule 10A – compensation payable to “a person who acquires, continues to hold or disposes of securities in reliance on published information” where that published information contained a misleading statement or there was a dishonest omission from it – whether anyone but the legal owner of the securities would have standing to maintain a claim – whether a claimant which had never directly acquired, held or disposed of the securities but held shares in dematerialised form through CREST had a an “interest in securities” such as to confer standing to bring a claim – danger of multiple claimants in respect of same transaction

The full judgment may be found at [2019] EWHC 2858 (Ch). https://caselaw.nationalarchives.gov.uk/ewhc/ch/2019/2858