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19 February 2016 / Alex Fox , Emma Davies
Issue: 7687 / Categories: Features , Banking
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All is not lost?

Alex Fox & Emma Davies suggest there is reason for cautious optimism for claimants involved in interest rate swaps litigation

For many individuals and businesses affected by the mis-selling of interest rate hedging products, securing compensation or redress must resemble a near impossible obstacle course.

The Financial Conduct Authority’s (FCA) review has left many potential claimants unsatisfied and out of pocket—and in some cases, out of time to bring a claim in the courts. Limited companies have faced a further barrier, with the courts holding that they could not pursue a claim against a financial institution for breach of statutory duty because they are not “private persons”. Those who have succeeded in getting their case before the courts have found further hurdles, with the courts preferring to construe contracts literally, usually in favour of the banks, and refusing to extend or re-examine the reality of a bank’s duty of care to its customers.

But all is not lost. Recent decisions indicate that the ground is shifting slightly—not earth-shattering movements, but potentially great

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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