Financial Services Disputes and Regulation

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Apr 2026

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A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills Kramer. For more information please visit www.hsfkramer.com

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April 28, 2026Episode 5927 min

Banking Litigation Podcast EP59: Monthly Update – March/April 2026

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Frances Furnivall.Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Frances Furnivall (Senior Associate).You can find out more about the cases covered in this podcast on our blog at the following links:Supreme Court confirms suspension of payment obligations under letters of credit due to UK Russian sanctions regime High Court considers whether success fee payable to advisory firm in respect of "Equivalent Transaction" in de-SPAC merger High Court considers summary judgment application on whether success fee payable by private equity fund to placement agentHigh Court upholds broker’s entitlement to US$2.25m success fee under tripartite mandate despite limited involvement in funding processBanking Litigation Podcast Episode 54: Hopcraft Special EditionHigh Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communicationsUpper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilegeNew York court finds client chats with generative AI tool Claude are not privilegedUS courts find privilege applies to use of public AI tools by self-represented litigants Supreme Court holds that no statutory limitation period applies to unfair prejudice petitions

February 13, 2026Episode 5817 min

Banking Litigation Podcast EP58: Monthly Update – January/February 2026

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Jonah Oliver.Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Jonah Oliver (Associate).You can find out more about the cases covered in this podcast on our blog at the following links:High Court rejects attempt by Noteholders to remove and replace Trustee against wishes of IssuerHigh Court finds UK broker did not breach contract by refusing to return funds to client subject to US sanctionsHigh Court strikes out illegality defence premised on alleged breaches of US sanctionsHigh Court applies "scope of duty" principle to limit damages claimed for breach of so-called Quincecare dutyCourt of Appeal recognises "onerous clause doctrine" where terms are incorporated by referenceSupreme Court reshapes UK competition class actions landscapeGovernment to legislate for enforceability of litigation funding agreements based on a share of damagesBanking Litigation Yearbook and broader Disputes Yearbook for 20252026 Global FSR Outlook: The Human Element | Herbert Smith Freehills Kramer | Global law firm

January 28, 2026Episode 1022 min

FSR Brief EP10 – Naming firms under investigation in "exceptional circumstances" put to the test in Judicial Review

The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm in its announcement regarding the commencement of an investigation. Jon Ford, James Wood, and Michael Tan discuss the judgment and what it has to say about the "exceptional circumstances" test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1) and here (Part 2) and our blog post on the judgment can be found here.

December 8, 202539 min

Banking Litigation Podcast EP57: Monthly Update - November/December 2025 Festive Special

In this FESTIVE SPECIAL edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Sarah Penfold, Charlotte Benton, Alexander Gridasov, Tom Wyer, Nic Patmore, Scott Warin and Tim Kyriakou. You can find links to our blog posts on the case covered in this podcast below:High Court finds default interest clause in loan agreement is not an unenforceable penaltyCounty Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discriminationPrivy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation madeHigh Court dismisses judicial review challenge of FCA's Naming AnnouncementHigh Court confirms that non-authorised fee earners cannot conduct litigationCommercial Court pilot will mean many more court documents publicly available by default from 1 January 20262025 Global Bank Review - Innovating amid turbulenceDon't forget to subscribe to the banking litigation blog.

November 5, 202519 min

Banking Litigation Podcast EP56: Monthly Update – September/October 2025

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Tom Wyer.You can find links to our blog posts on the case covered in this podcast below:Court of Appeal finds PSP liable for deceitful representations made by agent acting with apparent/ostensible authorityHigh Court finds investment bank entitled to success fee under mandate executed by company's agent acting with apparent authorityHigh Court holds that exercise of rights under charge document is not subject to Braganza dutyHigh Court finds "retrieval duty" arguable against sending bank in an APP fraud contextCourt of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreementFSR Brief EP9: Motor Finance redress proposal - beginning of the end? Solicitors Regulation Authority reviews high-volume consumer claims sectorBiannual Banking Litigation Update (Autumn 2025)Don't forget to subscribe to the banking litigation blog.

September 8, 202522 min

Banking Litigation Podcast EP55: Monthly Update – July/August 2025

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nic Patmore.You can find links to our blog posts on the case covered in this podcast below:Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firmsBanking Litigation Podcast Episode 54: Hopcraft Special EditionEnglish High Court decides in favour of banks in EuroChem bond claim, confirming payment under on-demand bonds prohibited due to Russian sanctionsHigh Court grants bank stakeholder relief under CPR Part 86 in USD 11 million deposit dispute involving competing claimsHigh Court permits documents obtained via Norwich Pharmacal Order to be used against disclosing bank in related APP fraud claimFinancial List finds claim for declaratory relief brought by ultimate beneficial owners of loan notes against issuer is arguablePrivy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholdersHague 2019 Judgments Convention comes into force in UKCivil Justice Council's final report on litigation funding recommends "light touch" statutory regulationDon't forget to subscribe to the banking litigation blog.

August 5, 2025Episode 5440 min

Banking Litigation Podcast EP54: Hopcraft Special Edition

In this SPECIAL EDITION of our banking litigation podcast, we consider the Supreme Court's much-anticipated judgment in Hopcraft & Anor v Close Brothers Limited [2025] UKSC 33 (relating to lender liability for the payment of third-party broker commissions in the motor finance context) and its key implications for financial services firms. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Emma Deas and Hywel Jenkins.You can find links to our blog posts on the case covered in this podcast below:Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms.Court of Appeal finds lenders liable in motor finance broker commission cases.Don't forget to subscribe to the banking litigation blog.

July 1, 2025Episode 715 min

FSR Brief EP7: Concluding the saga: changes to transparency in investigations & enforcement guide

On 3 June 2025, the FCA published PS25/5 which included the final version of its updated Enforcement Guide. In Episode 7 of the FSR Brief, Jon Ford and Michael Tan discuss the key changes to the FCA's approach to transparency in relation to investigations and the other changes to the Enforcement Guide, and how these may play out in practice. For an overview of the changes, read our blog post on PS25/5.

June 30, 2025Episode 5324 min

Banking Litigation Podcast EP53: Monthly Update – May/June 2025

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Alexander Gridasov.You can find links to our blogs on the cases covered in this podcast below:County Court considers limitation period for unfair relationship claim in secret commission caseSupreme Court confirms fiduciary must account even for profits that would have been made without the breach of dutyHigh Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdictionCourt lambasts citation of fake authorities in proceedings and orders wasted costsCourt of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clausesAsymmetric jurisdiction clauses: when will they be effective? An overview of potential disputes caused by market dislocationGreenwashing at a glance - regulatory sanctions and claims in financial services across EuropeDon't forget to subscribe to the banking litigation blog.

June 2, 2025Episode 628 min

FSR Brief EP6: The road to Crypto regulation

After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities". We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers. This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules, and the blog post about the draft rules.