header-logo header-logo

Pioneering times

24 July 2015 / Simon Duncan
Issue: 7662 / Categories: Opinion , Commercial
printer mail-detail
nlj_7662_duncan

Simon Duncan surveys the unusual approaches taken towards swaps mis-selling claims

Some novel approaches have been adopted in the arena of swaps mis-selling claims.

The Holmcroft properties case has been allowed to proceed, having survived the preliminary hearing in April 2015. This is an application for judicial review of the role of the independent assessors in the redress process, part of the Financial Conduct Authority (FCA) redress scheme. Could KPMG (in this case) be considered a public body and therefore be the subject of a judicial review? The bank and KPMG argued that the relationship between them was a matter of contract and that no wider public duty to act fairly arose. The court held that KPMG could potentially be considered a public body for this purpose and the matter will now proceed to a full hearing.

A claim for “Francovich damages” is being considered by another firm. This is a claim against HM Government and the FCA for failing to implement the Markets in Financial Instruments Directive properly. Essentially, the legislation is said

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll