Stephenson Harwood finance litigation podcast: Recent Episodes

The Stephenson Harwood podcast network

Welcome to our finance litigation podcast series.

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In this podcast, Alina Neal, of counsel in our finance litigation group and Archie Campbell, partner in our real estate finance group, consider the increasing regulatory reporting burden placed on financial institutions to comply with ESG obligations and the corresponding risk of ESG-related litigation.

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In this podcast, Alex Logier, managing associate in our regulatory litigation team will provide a summary of the FCA’s new Consumer Duty, which will set higher regulatory expectations for the standard of care that firms give to retail customers.

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In this podcast, Sophie Mahal, associate in our finance litigation team will look at the recent case of Lombard North v European Skyjets, which provides some important reminders on how to validly terminate a loan agreement and when the right to terminate may be lost through waiver.

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In this podcast, Michael Barron, managing associate, and Harriet Campbell, senior knowledge lawyer in our finance litigation team, take a look at recent case law on limitation periods for fraud, concealment or mistake that have particular relevance to litigation against financial institutions. 

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In this episode Alina Neal, of counsel in the finance litigation team and Sean Crowley, partner in the finance team look at the changes ahead for finance parties in relation to LIBOR transition and consider some of the litigation risks arising, including the application of the Critical Benchmarks Bill. 

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In this podcast, Chris Pettett, a senior associate in our finance litigation team, looks at changes in the jurisdictional landscape following Brexit, with a particular focus on jurisdiction clauses, and the impact for banks.

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In this podcast, Ellen Gallagher, a senior associate in our regulatory litigation group, will be looking at trends in FCA enforcement over the past year.

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In this podcast, Harriet Campbell, a senior knowledge development lawyer in our finance litigation team, looks at the Quincecare duty and highlights the key issues for financial institutions.

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In this episode, Alex Irvine, a senior associate in our regulatory litigation team, talks about how claims might be brought under section 138D of the Financial Services and Markets Act 2000, in the context of margin calls, and some of the issues that prospective claimants should be alive to.

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In this episode, partner Sue Millar, Of Counsel Alina Neal and professional support lawyer Harriet Campbell provide a snapshot of the current jurisdictional regime, discuss two recent cases on jurisdictional challenges and take a brief look towards the future when the UK leaves the EU, focusing on what (if any) changes businesses should consider making to their jurisdiction clauses. 

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In this episode, Laura Andrewes, an associate in our finance litigation team, discusses legal and practical issues for consideration in the event that a counterparty defaults under a finance contract. As the economic ramifications of the covid-19 pandemic continue to unfold, parties are increasingly likely to face difficult decisions. This podcast is intended to give high level guidance to those evaluating their contractual relationships and deciding whether to enforce their contractual rights.

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In this podcast, Rebecca Mansbridge, an associate in our finance litigation team, looks at the court’s approach to mis-selling claims, and discusses some key cases relating to misconduct in the context of benchmark manipulation and limitations of liability.

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In this episode, Jeremy Livingston, a senior associate in our finance litigation group, focuses on two recent decisions concerning ISDA Master Agreements.

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In the second and final episode on remote trials, Rabia Ramputh discusses some of the key points to consider during the remote trial itself, and provides  concluding thoughts on remote trials.

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The Covid-19 outbreak has forced the Courts and lawyers to adapt overnight to conducting hearings and trials remotely, a concept almost unheard of before the pandemic. After successfully completing a three week fully remote trial in the Commercial Court (acting for the Claimant in the case of RBI v ACE & Ashurst), Rabia Ramputh, a senior associate in our commercial litigation team, shares some of her top tips on how to conduct a remote trial in the English Courts. In this episode, Rabia Ramputh explores the various preparations that should be carried out before commencement of a remote trial.