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England and Wales decisions
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Permission for expert evidence on disputed FX issues (Issue 1.4 and 1.5) is refused at this stage as the issues are not sufficiently defined, the necessity and reasonable requirement for such evidence is not established, and claimants must provide further particulars before reconsideration.
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Marks and Spencer Financial Services Plc, Re [2026] EWHC 1170 (Ch) (23 March 2026)
The High Court sanctioned a Part VII FSMA banking transfer from Marks and Spencer Financial Services plc to HSBC UK Bank plc, finding no material adverse effect and no regulatory objection.
The Court of Appeal dismissed an appeal over mortgage pricing and consumer credit remedies, holding TSB could vary the inherited rate and section 140A(5) barred relief tied to regulated mortgages.
The appellant's lead generation services constitute intermediary services within Item 5 and Item 6 of Schedule 9 Group 5 VAT Act 1994, as they involve bringing together persons seeking financial advice and IFAs, with a meaningful filtering process that goes beyond advertising or acting as a mere conduit. The services are exempt from VAT.
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Lee & Ors v James Hay Administration Company Ltd & Ors [2025] EWHC 2154 (KB) (20 August 2025)
The court refused strike out and summary judgment, and granted relief from sanctions, in claims by former footballers over SIPP investments and alleged concealment.
CBNA made a single composite supply of support function services to SPLC, taxable under VAT law. The supply did not qualify for exemption under the securities exemption, as CBNA's services were administrative or technical and did not alter the legal and financial position between SPLC and its clients. The FTT's contractual analysis and application of legal principles were correct; no error of law was established.
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The Deeds are contracts of indemnity imposing primary obligations on CMIS. The Relevant Amounts are 'due' under the EMAC Master Agreements and payable by CMIS under the Deeds. CMIS is not entitled to rely on Payment Deferral or Limited Recourse Provisions as a defence under clause 2.1(iv).
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Blaine v Touchstone Corporate Ltd [2025] EWHC 982 (Ch) (02 May 2025)
Interlocutory ruling on strike out and amendment in a financial advice negligence claim, with some FCA-based pleadings struck out and limited amendments allowed.
The claimants failed to demonstrate sufficient common or related issues of law or fact to justify a GLO or collective case management. The proposed structure would not yield binding decisions or significant guidance for remaining claims, and would likely increase costs, delay, and strain court resources. The omnibus claim form with multiple defendants does not enable convenient disposal of claims in the same proceedings. Disaggregation is ordered; each claimant must file an individual claim form.
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Abernethy & Ors v Barclays Bank UK Plc & Ors [2025] EWCC 1 (07 January 2025)
The court refused a GLO for thousands of PPI-related Plevin claims, found the proposed common issues too broad or fact-specific, and ordered disaggregation.
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