Finance litigation update - August 2023

Finance Litigation | 11/08/2023

Welcome to the latest finance litigation update, in which we summarise some of the most significant cases and other developments relevant to banks and other financial institutions over the last six months or so, as follows:

Good faith v discretion: context is king (Sibner v Jarvis Capital)
Is relief from liability a loss? (and other Quincecare questions): Stanford v HSBC
When can you terminate a contract for failing to obtain 'confirmed financing'? (Havila v Abarca)
States, take note: Law Debenture v Ukraine
Re Avanti Communications Limited (in administration) – evolution of the control required for a fixed charge
Knowing when you've novated: Musst Holdings v Astra Asset Management
Asymmetric jurisdiction clauses: A European conundrum - France's referral to the CJEU
ESG and directors' duties - where are we now? (ClientEarth v Shell)
Banks, be on inquiry - Quincecare is coming!
Quincecare duty is flawed and based on a mistaken premise - Philipp v Barclays

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