header-logo header-logo

The new wave

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll