Banking and Finance Litigation – Spring 2019

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Combatting push payment fraud

Banking & Finance Litigation specialists Louise Power and Rachel Elgar provide a Spring 2019 update on proposed measures for combatting authorised push payment fraud.

Unfair relationships: The latest for lenders

January 2019 saw two key cases concerning ‘unfair relationships’ between lenders and borrowers. Banking & Finance Litigation specialist looks at Pontearso v Greenlands Trading and Pilgrim Rock v Iwaniuk and explains the key takeaways for lenders.

Wrongful possession

In two essential briefings, Walker Morris’ Banking & Finance Litigation team, highlight what lenders need to know about potentially the next flood of mortgage litigation that lenders will have to face – wrongful possession claims. See: Looking ahead: How lenders can combat wrongful possession claims; and Wrongful repossession and Azhar: What lenders need to know for further information and our expert, practical advice.

Court of Appeal confirms what is a ‘mistake’ for the purposes of rectifying HM Land Register

Banking & Finance Litigation Director and land rectification expert Kate Hicks provides an important update on the Antoine ‘mistake’ case.

Prescription/limitation for professional negligence claims in Scotland

Louise Power offers an essential update and practical advice for lenders considering pursuing professional negligence claims in Scotland.

Proper lending conduct: Mason v Godiva Mortgages

Banking & Finance Litigation Partner Richard Sandford provides practical advice for lenders facing claims, from disappointed borrowers, of breach of statutory duty.

Implying ‘Braganza’ duties into mortgage contracts

A recent case has shed some light on the extent to which the courts may imply additional duties into mortgage agreements. Associate explains UBS AG v Rose Capital Ventures and the implications for lenders.

Customer fraud and financial institutions’ liability: An update on Chudley v Clydesdale Bank

Walker Morris’ Head of Banking & Finance Litigation, Louise Power, provides an update on the Chudley v Clydesdale Bank litigation and offers practical advice for financial institutions faced with customer fraud.