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

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