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24 July 2015 / Simon Duncan
Issue: 7662 / Categories: Opinion , Commercial
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Pioneering times

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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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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