Getting the Deal Through: Financial Services Litigation 2020

The following In-house Advisor practice note provides comprehensive and up to date legal information covering:

  • Getting the Deal Through: Financial Services Litigation 2020
  • Jurisdictions covered
  • Questions

Getting the Deal Through: Financial Services Litigation 2020

Jurisdictions covered

The following jurisdictions are covered in this report:

Australia; Brazil; China; Greece; South Africa; South Korea; Switzerland; United Arab Emirates; United Kingdom; USA

Questions

The set of questions relating to the topic of Financial Services Litigation and answered by the guide for each jurisdiction covered include:

  1. What are the most common causes of action brought against banks and other financial services providers by their customers?

  2. In claims for the mis-selling of financial products, what types of non-contractual duties have been recognised by the court? In particular, is there scope to plead that duties owed by financial institutions to the relevant regulator in your jurisdiction are also owed directly by a financial institution to its customers?

  3. In claims for untrue or misleading statements or omissions in prospectuses, listing particulars and periodic financial disclosures, is there a statutory liability regime?

  4. Is there an implied duty of good faith in contracts concluded between financial institutions and their customers? What is the effect of this duty on financial services litigation?

  5. In what circumstances will a financial institution owe fiduciary duties to its customers? What is the effect of such duties on financial services litigation?

  6. How are standard form master agreements for particular financial transactions treated?

  7. Can a financial institution limit or exclude its liability? What statutory protections exist to protect the interests of

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