Lenders’ Litigation Forum
Our Lenders’ Litigation Forum has been hosted by our Litigation team since 2019. We hold 3-4 events a year aimed at lenders and cover a variety of topics.
Date & Time Sunday, 10 January 2021
Our last Lenders' Litigation Forum took place on Tuesday 19 October.
Guest Speaker: We were delighted to be joined by Thomas Bell, from Gatehouse Chambers who acted on the Supreme Court case which was the focus of our Legal Update: Pakistan International Airline Corp. v. Times Travel (UK) Ltd.
The session was broken into three bitesize sections:
State of the Market
Based on our recent deep-dive interviews with key thought-leaders, along with our wider survey of lenders, we reflected on key risks and challenges moving from Q4 and into 2022.
Key Focus: Lenders' Fraud Responsibilities and Opportunities
Ever-present on all lenders' risk agendas, is the exposure to fraud events or near misses. However, a lender's navigation of these issues is challenging as it often falls across distinct teams or lines of responsibility (e.g. AML/KYC/litigation teams and/or the criminal and civil regimes).
We considered lenders' responsibilities and the practical ways in which they can pre-empt, respond or go further to develop a reputation for being fraud resilient and standing side-by-side with the victims of fraud.
Legal Update: Pakistan International Airline Corp. v. Times Travel (UK) Ltd with guest speaker Thomas Bell
We summarised this recent Supreme Court decision which settles the current law on lawful act duress and offer a view of how it may still be asserted in practice.
Particularly interesting to lenders who face accusations that they have not acted in good faith, exerted a dominant bargaining position and/or offered distressed customers no practical choice(s).
If you would like to register your interest to attend our future Lenders' Litigation Forum please get in touch.