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Derivatives Cases & Litigations

Queen Bench judge rejects claim that Royal Bank of Scotland owes a duty as advisor to currency swap counterparty. (11 February 2010)

"The crucial parameter was the spot rate for Sterling/Euro exchange: there was no information or technology available to the [defendant] which enabled it to predict the future rate to better effect than the claimant."

Swiss subsidiary of India pharmaceutical group challenges BNP Paribas's calculation of Close-out Amount under 2002 ISDA Master Agreement determined pursuant to Failure to Pay Event of Default (4 December 2009).

Further action in Lehman Brothers Special Finance as 2 QCs and 3 junior barristers argued whether the Chancellor should write letter to Lehman Brothers US bankruptcy judge (17 November 2009).

"More generally, I think that to send a letter in these terms at this stage, before Judge Peck has given any ruling on the issues of US law, would be judicial bad manners rather than an example of judicial comity in action, and might even be counter-productive."

Commercial Court recharacterised interest rate swap as ultra vires "loan" and ruled Norwegian lawyers negligent in advice to Depfa Bank (4 September 2009).

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