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In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions.
You can find links to our blog posts on some of the cases covered in this podcast below:
Court of Appeal confirms "once privileged, always privileged" unless privilege is waived – even if there is no longer anyone who can assert the privilege
https://hsfnotes.com/litigation/2019/10/08/court-of-appeal-confirms-once-privileged-always-privileged-unless-privileged-is-waived-even-if-there-is-no-longer-anyone-who-can-assert-the-privilege/
Court of Appeal finds claim for damages for loss of control of data can proceed as representative action under CPR 19.6
https://hsfnotes.com/litigation/2019/10/07/court-of-appeal-finds-claim-for-damages-for-loss-of-control-of-data-can-proceed-as-representative-action-under-cpr-19-6/
High Court finds terms of English law Facility Agreement allowed borrower to withhold interest payments given risk of US “secondary” sanctions
https://hsfnotes.com/bankinglitigation/2019/09/30/high-court-finds-terms-of-english-law-facility-agreement-allowed-borrower-to-withhold-interest-payments-given-risk-of-us-secondary-sanctions/
Court of Appeal judgment on scope and exclusion of ‘Quincecare’ duty of care
https://hsfnotes.com/bankinglitigation/2019/10/22/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care/
Damages-based agreements (DBAs): promising proposals for reform
https://hsfnotes.com/litigation/2019/10/18/damages-based-agreements-dbas-promising-proposals-for-reform/
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