header-logo header-logo

22 September 2015 / Simon Duncan
Categories: Features , Banking , Commercial , Litigation trends
printer mail-detail

The new wave

Simon Duncan reviews an important banking litigation decision for victims of swap mis-selling

The decision of His Honour Judge Havelock-Allan QC in Suremime Limited v Barclays Bank Plc [2015] EWHC 2277 (QB), [2015] All ER (D) 03 (Sep) on 30 July 2015 is hugely important for victims of swap mis-selling.

Suremime was dissatisfied with the redress offer made by Barclays. Having been mis-sold a structured collar in June 2008, Suremime was offered a replacement in the form of a vanilla swap of nine years 10 months duration at a rate of 5.84%, with a break cost of £131,533. Suremime contended that had the redress been conducted properly then a five year interest rate cap at 6.5% would have been offered instead.

Suremime made an interim application to court for permission to amend its particulars of claim. The new claims were:

  • Barclay’s offer to review the sale of the structured collar and Suremime’s election to participate in that review brought a contract into being under which Barclays owed Suremime a duty to conduct the
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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll