49 episodes

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

Financial Services Disputes and Regulation Herbert Smith Freehills Podcasts

    • Business
    • 5.0 • 4 Ratings

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

    Regulation in Focus EP8: Whistleblowing update

    Regulation in Focus EP8: Whistleblowing update

    The latest edition of our Regulation in Focus podcast series features Jenny Andrews, an Of Counsel in our Employment team and Charles McGrath, a Senior Associate in our contentious FSR practice in London. Jenny and Charles remind listeners about the statutory and regulatory whistleblowing framework in the UK before summarising some interesting recent case law developments and the key issues coming out of them that financial services firms need to be aware of. The discussion is moderated by Cat Dankos, the Regulatory Consultant in our London FSR practice.

    • 30 min
    Banking Litigation Podcast Episode 35: Monthly Update – July/August 2022

    Banking Litigation Podcast Episode 35: Monthly Update – July/August 2022

    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 Catherine Bagge.
    You can find links to our blogs on the cases covered in this podcast below: 
    High Court finds no unfairness in bank’s restructuring of loan arrangementsHigh Court considers receiving bank’s liability in context of APP fraudHigh Court grants freezing injunction in relation to stolen non-fungible tokens (NFTs)High Court finds identity of those giving instructions to lawyers not protected by litigation privilegeParty penalised in costs for disproportionate application to strike out witness evidence for non-compliance with PD 57ACEnglish court judgment enforced in China for the first time following landmark policy announcementHigh Court considers when recast Brussels Regulation continues to apply in transitional casesDon't forget to subscribe to the banking litigation blog.

    • 20 min
    Banking Litigation Podcast Episode 34: Monthly Update – May/June 2022

    Banking Litigation Podcast Episode 34: Monthly Update – May/June 2022

    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 blogs on the cases covered in this podcast below:
    High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the dutyPrivy Council confirms that Quincecare duty is limited to protecting customers and does not extend to protect third partiesHow to navigate the Autonomy judgment: guidance for corporate issuers defending Section 90A / Schedule 10A FSMA shareholder claimsHigh Court clarifies meaning of “PDMR” in s.90A FSMA claimsFreezing orders brought onto the blockchain and service of proceedings via NFTsHigh Court decision suggests party alleging witness statement fails to comply with PD 57AC must identify specific failuresArticle published – Expansion of jurisdiction gateways coming soonDon't forget to subscribe to the banking litigation blog.

    Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Tom Wyer (Associate)


     

    • 19 min
    Banking Litigation Podcast Episode 33: Monthly Update – March/April 2022

    Banking Litigation Podcast Episode 33: Monthly Update – March/April 2022

    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 Wilkie Hollens.
     You can find links to our blogs on the cases covered in this podcast below:
    High Court finds developers did not owe duty to cryptoasset owners to enable access to lost cryptoassetsCourt of Appeal finds Quincecare duty is not limited to corporate customers and can (in principle) extend to protecting individualsPrivy Council confirms that the so-called “reflective loss” principle applies to ex-shareholdersHigh Court orders witness statements to be redrafted due to serious non-compliance with PD 57ACHigh Court orders banks to disclose documents under the Evidence (Proceedings in other Jurisdictions) Act 1975Privy Council restatement of the law on freezing and other interim injunctionsUK: EAT orders party to disclose tribunal documents to the Press months after hearingBiannual Banking Litigation Update (Spring 2022) Don't forget to subscribe to the banking litigation blog.
     Please also find the Herbert Smith Freehills legal privilege web app.

    • 17 min
    Banking Litigation Podcast Episode 32: Monthly update - January/February 2022

    Banking Litigation Podcast Episode 32: Monthly update - January/February 2022

    In this episode of our banking litigation podcast, we discuss and debate the key recent judgments likely to be of interest to 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 Phoebe Fox.
    You can find links to our blogs on the cases covered in this podcast below: 
    Privy Council considers reformulated test for determining scope of duty of care owed by professional advisersHigh Court considers the requirement for “awareness” in implied misrepresentation claimsHigh Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentationHigh Court decision in first s.90A FSMA claim to reach trialHigh Court upholds settlement agreement relating to earlier proceedings to bar counterclaim, confirming that “unknown” claims can be releasedA counterclaiming defendant can make a valid “claimant’s” Part 36 offerHigh Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rightsHigh Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights Don't forget to subscribe to the banking litigation blog.

    • 15 min
    Regulation in Focus EP7: Operational Resilience – a discussion on implementation & practicalities for firms

    Regulation in Focus EP7: Operational Resilience – a discussion on implementation & practicalities for firms

    The latest edition of our Regulation in Focus podcast series features two former regulators in conversation about operational resilience – Andrew Procter from Herbert Smith Freehills and Michael Sicsic from Sicsic Advisory. The discussion focuses on implementation of operational resilience requirements for the upcoming UK regulatory deadline of 31 March 2022.

    In conversation with...

    Michael is the Managing Director of Sicsic Advisory, a boutique consultancy focusing on financial services risk and regulation. He is a senior executive in the field of risk and regulation and former head of supervision for the UK general insurance retail sector at the FCA.

    Andrew is a partner in the (contentious) financial services regulatory team in London. He advises multinational clients on their most important strategic regulatory and risk issues, bringing uniquely strategic judgement drawn from senior leadership roles at regulators, in-house and in private practice.

    • 21 min

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