header-logo header-logo

27 November 2014 / Simon Duncan
Categories: Features , Banking , Commercial , Litigation trends
printer mail-detail

Know your limits

In the first of a series of articles on banking litigation, Simon Duncan discusses how limitation can be used to counter swaps mis-selling claims

Many claimants are seeking damages for having been “mis-sold” an interest rate hedging product. However, limitation, if raised, can form an absolute defence to such claims. 

In Kays Hotels Ltd v Barclays Bank Plc [2014] EWHC 1927 (Comm) the claimant was faced with this difficulty. The claimant had entered into an interest hedging product with a “collar” in December 2005. The claimant considered that this product had been mis-sold, more particularly that the bank was in breach of contract, breach of statutory duty and in breach of a common law duty of care (the “negligence claim”) having “mis-sold” the product.

Facts

The proceedings were issued on 8 November 2012. The bank’s position from the outset was that the claim was time-barred. The bank applied to have the claim struck out or otherwise summarily dismissed. The claimant accepted that the breach of contract and the breach of

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll