Tag Archives: mis-selling

Hong Kong Court of Appeal finds against bank on the basis that the bank’s exclusion of liability clauses were unconscionable and unreasonable

The Hong Kong Court of Appeal (CA) has recently affirmed a decision of the Court of First Instance (CFI), in which a ruling was made in favour of the plaintiff investors in a mis-selling claim against a bank, albeit on … Continue reading

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Filed under Announcements, Hong Kong

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

Hong Kong court rules in favour of investors in mis-selling claim: A departure from the recent trend

Earlier this week, the Hong Kong Court of First Instance handed down its judgment in relation to a mis-selling claim against a bank, ruling in favour of the plaintiff investors. This departs from the trend in respect of post-financial crisis … 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

Hong Kong court’s dismissal of investor’s mis-selling counterclaim: some further thoughts

Further to the brief post we published on the April judgment in DBS Bank (Hong Kong) Limited v Sit Pan Jit (HCA 382/2009), our team in Hong Kong have published some more detailed comments on this most recent of cases upholding the principles … Continue reading

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Filed under Asia, Hong Kong

Hong Kong court dismisses investor’s counterclaim against bank for mis-selling of financial products

The Court of First Instance has recently handed down its judgment in DBS Bank (Hong Kong) Limited v Sit Pan Jit (HCA 382/2009), which concerned a claim by DBS Bank (Hong Kong) Limited (DBS) against its former customer, Sit Pan Jit, … Continue reading

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Filed under Asia, Asset management, Hong Kong

Banking Litigation update

We have published our latest Banking Litigation Update, summarising some of the more important cases and developments affecting UK financial institutions over the first half of 2014, including:

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Filed under Americas, Australia, Banking, UK, US

Appeal relating to alleged misselling of interest rate swaps dismissed

On 9 October 2013, the Court of Appeal handed down its decision in Green & Rowley v Royal Bank of Scotland plc [2013] EWCA Civ 1197, the first interest rate swap mis-selling case to come before the English courts since … Continue reading

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Filed under Banking, Retail Banks, UK

UK: Individual fails in large mis-selling claim concerning leveraged investments in structured notes

In a strongly worded judgment, the Commercial Court has dismissed a large mis-selling claim brought by an individual in connection with a number of investments she had made in structured notes on a leveraged basis.  The Claimant had sought damages of over … Continue reading

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Filed under UK