Insights: Lisa Serrant

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A tale of Two Right Feet: indemnity costs for baby business


The tale of Two Right Feet Limited reminds us of the importance of investigating and considering the merits of a claim prior to commencing proceedings, and the dangers of forging ahead with speculative litigation. In July 2017 a judgment of the High Court of Justice in Two Right Feet Limited (In Liquidation) v National Westminster […]

How to respond to online banking fraud

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Online banking fraud is becoming more sophisticated, causing large losses to individuals and companies. Unsurprisingly, the number of cases against banks involving online fraud is increasing. In March, Sir Bernard Hogan-Howe, head of London’s Metropolitan Police, suggested banks should not fully refund victims of fraud who have not protected themselves. Whilst not universally well received, […]

Fladgate announces partner promotion

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Fladgate LLP is delighted to announce the promotion of commercial property specialist Gavin Whitney to its partnership in the latest round of internal promotions, effective 1 April 2016. As part of the firm’s Route to Partnership policy, Fladgate has made a number of additional promotions within its partnership structure as well as promoting Tom Bolam […]

Are claims against banks struggling in 2016?


The recent decisions in CGL Group Limited v RBS[1] and Holmcroft Properties[2] could suggest that claims against banks are now struggling.  However, these decisions are just the initial skirmishes; other battles remain to be decided and there is an undeniable appetite and scope to continue with such claims. The rise of claims against banks Since […]

Fladgate achieves success for Castex Technologies

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Fladgate LLP acted for the successful defendant, Castex Technologies Limited, in proceedings brought against it by Citicorp International Limited. In a judgment given on 24 February 2016, Mr Justice Burton decided that a Mandatory Conversion Notice given by Castex pursuant to US$70m 2.5% Convertible Bonds complied with all contractual conditions and resolved a preliminary issue […]

The fallout from the forex fines

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We’ve recently seen yet another round of substantial fines by regulators against banks. This time the £3.6bn of fines against banks are for the foreign exchange (forex) scandal, where the banks stand accused of rigging the forex market. For most the impact of the forex scandal is not immediately obvious. We have set out an […]

Swaps mis-selling - What now and what next?

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In 2012, the Financial Services Authority identified failings in the way that some banks sold interest rate hedging products, including interest rate swaps. In response in 2013 the major banks started their own reviews of such sales with these reviews and the banks’ redress determinations expected to be completed by June 2014. To date over […]

Bankruptcy tourism: Court improves creditors' position in forum shopping cases

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On 12 September 2013 the High Court dismissed the petition of a German national who had incurred substantial debts, almost exclusively in Germany, to be declared bankrupt (Re Wilfried Löffler). Alexander Wildschütz and Lisa Serrant of Fladgate’s Banking Litigation team acted for the opposing German bank. For some time debtors from across the EU have […]

Swaps mis-selling – SMEs and the sophistication complication

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This April saw the start of the compensation process by the banks(1) taking part in the review regarding the mis-selling of interest rate swaps and other interest rate hedging products (IRHPs)(2). However, despite this, the news is far from good for some SMEs. This is because there is a significant obstacle on the road to […]