header-logo header-logo

25 July 2014 / David Pope
Issue: 7616 / Categories: Features , Commercial
printer mail-detail

Extra time

commercial_pope

Swaps mis-selling litigation is not over yet, says David Pope

Limitation is looming large in swaps mis-selling litigation. Most of the swaps and other interest-rate hedging products (IRHPs) about which bank customers have complained were sold in or before 2008. The usual six-year limitation period, which generally runs at latest from the date of sale, has therefore expired in most cases. Any new mis-selling claim is likely to be met with a limitation defence. Many existing claims already have been.

The recent decision in Kays Hotels Ltd v Barclays Bank plc [2014] EWHC 1927 may have thrown customers a limitation lifeline, however. For Mr Justice Hamblen refused to strike out a mis-selling claim on limitation grounds even though proceedings began seven years after the IRHP in question was sold.

Facts of Kays Hotels

The customer in Kays Hotels ran a small hotel near Ipswich. In late 2005, it borrowed £1.34 million from Barclays and, as a hedge against its interest-rate exposure under the loan, it entered into a form of IRHP known as

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll