header-logo header-logo

19 February 2016 / Alex Fox , Emma Davies
Issue: 7687 / Categories: Features , Banking
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll