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

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Filed under Asia, Hong Kong

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

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Filed under Banking, UK

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

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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

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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

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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

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Filed under Banking, UK