Financial Dispute Resolution - The View From Mayer Brown

Over the hills and far away: this month Ed Sautter considers the position of foreign banks served with Norwich Pharmacal Orders.

Gotta have faith: this month Ed Sautter reviews recent attempts to expand the good faith doctrine in the context of contractual performance.

Second thoughts: in this month’s podcast Ed Sautter looks at a customer’s unsuccessful attempt to revisit an agreement with his bank settling a swaps claim.

Breaking up is hard to do: in this month's podcast, Ed Sautter examines a borrower's attempt to challenge a lender's rights to recover hedging break costs on early repayment. .

No penalty awarded. In this month's podcast, Ed Sautter looks at a Court of Appeal case on penalties in the aftermath of Makdessi and reflects on another rebuff for Class X noteholders.

X Ray Spex- this month Ed Sautter discusses a CMBS case which analyses the entitlement to interest of a Class X noteholder and he revisits issues of rating agency confirmation, this time in the context of swap agreements.

ISDA wording in court again; this month Ed Sautter looks at the Court of Appeal decision in Goldman Sachs v Videocon and also an interesting case concerning contractual interpretation and rectification in the ISDA context.

Goody bag: this month Ed Sautter looks at another securitisation case, notes the first EMEA ISDA External Review Panel decision, reviews some further privilege decisions in the PAG/RBS litigation and considers the implications of the first High Court approval of predictive coding in disclosure.

Please release me: This month Ed Sautter discusses how Lloyds Bank persuaded the Court of Appeal to permit it to redeem some expensive capital notes and how this case demonstrates the continued challenges of contractual interpretation.

What are you implying? This month Ed Sautter looks at the recent Supreme Court decision on implied terms and its relevance to finance documents, considers a further unsuccessful attempt to turn a mis-selling case into an advice case and analyses the requirements for bringing an action for breach of statutory duty under FSMA.

Penalty shootout: in this month's podcast, Ed Sautter looks at a Supreme Court decision re-addressing the rules on penalties, notes a favourable development for banks defending negligent advice claims, and considers a judgment concerning legal privilege in the context of investigations.

Follow the money: this month Ed Sautter looks at how banks chasing mistaken payments got some further ammunition and how backward tracing was successfully invoked in order to pursue the proceeds of bribes from Brazil to the Channel Islands.

In this episode, Ed Sautter compares and contrasts the judicial approach in two recent CMBS servicer appointment disputes and also describes the forthcoming High Court Financial List initiative.

In the fourth episode in our series, Ed Sautter, a partner in the Litigation and Dispute Resolution practice in London, explores how losses are calculated under ISDA documentation.

In the third episode in our series, Ed Sautter, a partner in the Litigation and Dispute Resolution practice in London, explores advisory duties in banking relationships and comments on the challenges facing parties who seek to establish the existence and breach of duties to advise.

In the second episode in our series, Ed Sautter, a partner in the Litigation and Dispute Resolution practice in London, reviews recent cases involving the interpretation of clauses provisions in the standard ISDA documents and notes how increasingly robust attempts to avoid liability by counterparties to ISDA documented transactions has cast the spotlight on previously unconsidered provisions.

Ed Sautter, a partner in the Mayer Brown Litigation and Dispute Resolution practice in London, reviews recent cases in which finance documents have been construed by the Courts and considers in particular the role that the commercial background has taken in their interpretation.