Posted on 20 October 2015 by
Stevie Loughrey and Charles Enderby Smith examine the potential changes in the legal landscape which may make it easier for companies to bring claims against banks in relation to mis-sold products and investments.
This article was first published in Butterworths’ Journal of International Banking and Financial Law
Posted on 20 October 2015 by
PAG v RBS: Claimant friendly decisions in relation to disclosure applications in a claim involving LIBOR manipulation
The judgments should assist claimants seeking to establish actionable wrongdoing resulting from LIBOR manipulation. In particular, a defendant bank will not necessarily be able to hide behind confidential agreements with regulators to avoid disclosure of LIBOR related material in claims brought against it. Neither will the risk of prosecution in foreign courts, for disclosing documents that a foreign court had ordered to be kept confidential, necessarily provide the banks with a shield.
Posted on 19 October 2015 by Carter-Ruck
Carter-Ruck has secured victory for US golf manufacturer, SuperStroke, in its trademark and passing off claim against an English golf retailer.
SuperStroke was represented by Carter-Ruck Partner, Stevie Loughrey, and Senior Associate, Claire Woolf.
Posted on 08 October 2015 by
Miranda Rushton, Senior Associate in the International team, and Jennifer Harvey, paralegal, have published an article in the Solicitors Journal on opportunities for the review of awards in investor-state arbitration.
This article by Miranda Rushton and Jennifer Harvey was first published in the Press Gazette on 7 October 2015
Posted on 14 September 2015 by
Charles Enderby Smith has written an article in the Law Society Gazette on the recent judgment in Suremime Ltd v Barclays regarding tortious claims against a bank for allegedly failing to carry out a review into the mis-sale of IRHPs in accordance with the agreement reached between that bank and the FCA.
Click here to read the article
Posted on 21 August 2015 by
This week, the hacking group “Impact Team” has released personal data stolen from online married persons dating site Ashley Madison. The site, based in Canada and owned by Avid Life Media Inc, controversially encourages its members to have affairs.
Posted on 19 August 2015 by Carter-Ruck
Defamation claimants face a higher threshold, the Court has clarified, in a further examination of the “serious harm” test introduced by section 1 of the Defamation Act 2013.
Posted on 18 August 2015 by
The imposition of targeted sanctions presents an array of challenges for businesses and individuals made subject to them.
Posted on 06 August 2015 by
For those who have been seriously libelled, bringing an action for defamation remains the principal route to securing vindication and compensation for the reputational harm that has been caused. There is little disagreement among libel practitioners, however, that this has been become an increasingly difficult route for complainants over recent years.
Posted on 03 August 2015 by Carter-Ruck
Peter Smith has been published in the most recent volume of the prestigious Denning Law Journal. His article considers the case of Mba v London Borough of Merton in the Court of Appeal, and analyses aspects of employment law and human rights which surround the case.
Continue reading (PDF)
Posted on 16 July 2015 by Carter-Ruck
This piece makes for interesting reading. As we noted here, the United States is now arguably the real home of the chilling effect, but the FT is right. We find ourselves advising increasing numbers of people and businesses who have been libelled via social media.
Posted on 15 June 2015 by
There has been an interesting development in the courts relating to the FCA instigated Interest Rate Hedging Product Review, which may have significant consequences for any small business affected by the mis-sale of Interest Rate Hedging Products (“IRHPs”) over the last 15 years.
A version of this article was published in the New Law Journal.
Posted on 01 June 2015 by
Although the actual content of the recently released “Black Spider” letters, a collection of 27 “private” letters and memos penned by the Prince of Wales to government ministers, may have been an anti-climax for many and certain newspapers in particular, the road to their release has not been without controversy or complexity.
Posted on 28 May 2015 by
Privacy is something we’re entitled to take for granted. We should be able to assume that our private conversations aren’t being listened to, that we can sunbathe in our gardens in the happy belief that no one is photographing us, and that we won’t ever see our medical or sexual history published to the world at large.