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12 September 2013 / Charles Lazarevic
Issue: 7575 / Categories: Features , Expert Witness , Profession
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A consequential loss

Could mis-selling in the derivatives market be the PPI equivalent for small businesses? Charles Lazarevic reports

Recently it has been suggested that the banks face claims in excess of £10bn as a result of the alleged mis-selling of complex interest rate derivatives. I have dealt with several cases where the consequences of these “swap” charges have been devastating on the business, with significant losses to the business-owners in some cases.

How has this situation arisen?

The Financial Conduct Authority (FCA), previously the Financial Services Authority, has conducted a review into the interest rate hedging products banks sold to businesses as a means of managing fluctuations in interest rates, also known as interest rate swap agreements (IRSAs). In the review, the FCA identified four broad categories of IRSAs sold: swaps, caps, collars, and “structured collars”. Some of the more complex products, particularly structured collars, speculated on interest rates and resulted in customers paying much more when the interest base rate fell below an agreed level, for no apparent benefit to the business. The FCA decided

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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