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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll