In this episode of the 4 New Square Chambers video podcast series Collective Insight: ESG & Group Litigation Uncovered, Shail Patel KC, William Harman and Carola Binney discuss developments in group securities litigation. They explore statutory claims under sections 90 and 90A of FSMA and discuss some of the recent notable decisions in this rapidly evolving area of the law.
Key Topics
This episode covers key procedural and case management issues, as well as recent case law on the meaning of “reliance” and “delay” in the context of the FSMA regime, the existence and operation of the “shareholder rule” of legal professional privilege, and the complexities of proving standing in dematerialized securities markets. The decisions discussed include Mr Justice Leech’s judgment in Allianz Funds Multi-Strategy Trust v Barclays PLC [2024] EWHC 2710 (Ch) and Mr Justice Picken’s judgment in Aabar Holdings S.á.r.l. v Glencore Plc [2024] EWHC 3046 (Comm).
Please note that the Barclays case settled shortly after this episode was recorded.
