Insights
Following two recent, diverging High Court decisions in Barclays and Standard Chartered, the question of what a claimant must establish to prove reliance for claims of securities fraud remains unsettled. At the centre of this debate is whether the English courts should recognize a market theory of reliance, sometimes referred to as ‘common reliance’ or ‘fraud-on-the-market’, long accepted in American jurisprudence. While much attention has been paid to the implications of these High Court decisions, surprisingly little has been written about the U.S. legal references, and assumptions, underpinning them. To do so, it is worth examining the High Court’s discussion of American securities law in the context of key U.S. Supreme Court rulings.
This summer is already shaping up to be an important one for the litigation funding market, with a number of important decisions having already been handed down and with more to come later in the year.
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