Tag Archives: misselling
Bank win in mis-selling case confirmed by Hong Kong’s highest court
On 17 February 2017, the Hong Kong Court of Final Appeal brought to a close the long-running case of DBS Bank (Hong Kong) Limited v Sit Pan Jit (FAMV 45/2016). The dispute concerned a claim by DBS Bank (Hong Kong) … Continue reading
UK: High Court strikes out claim for mis-selling of an interest rate hedging product on the basis of a pre-existing settlement
In Gary Ronald Marshall v Barclays Bank plc [2015] EWHC 2000 (QB), the bank applied to strike out a claim against it for alleged mis-selling of an interest rate hedging product (or to obtain summary judgment), the basis that the … Continue reading
German Federal Supreme Court: a pro-forma application for conciliation of an insufficiently specified misselling claim will not be effective to suspend limitation
In a landmark decision dated 18 June 2015, the German Federal Supreme Court (Bundesgerichtshof, “BGH”) decided that pro-forma applications for conciliation (Güteverfahren) do not suspend the limitation period for misselling claims if the applications are too generic and do not … Continue reading
Filed under Asset management, Banking, Commercial Litigation, Germany, Insurance, Investment Funds
UK FCA proposes temporary product intervention rules for CoCos
The Financial Conduct Authority (FCA) has announced that it is proposing to use its temporary product intervention powers for the first time to restrict firms from distributing contingent convertible instruments (CoCos) to the mass retail market for a 12 month period from … Continue reading
Filed under FCA, UK, UK Regulations
UK: Private LIBOR claims – an uphill battle for claimants
The ongoing regulatory investigations into the manipulation of LIBOR have prompted much speculation about the possibility of claimants bringing private law actions against banks based on the regulators’ findings. In the first cases to come before the UK courts, the Court … Continue reading
Filed under Banking, Commercial Litigation, Retail Banks, UK
UK Court of Appeal to consider potential LIBOR claims – Graiseley test case delayed
The Court of Appeal has granted permission to appeal against the decision of the High Court, in Graiseley Properties Ltd & others v Barclays Bank plc & others [2012] EWHC 3093, to allow the case to proceed to trial as a test case for … Continue reading