Banking Litigation Notes
Tag: cobs
Showing 12 out of 12 results
High Court rejects claim against regulated firm for alleged contravention of COBS
High Court considers application of COBS and Braganza duty to close out of trading account
Do we need a new duty of care in financial services?
On 17 July 2018, the FCA published a paper on its Approach to Consumers (the Approach), accompanied by a discussion paper DP18/5 (the DP) on …
High Court rejects the first IRHP mis-selling claim brought by private persons under Section 138D FSMA
The High Court has rejected the first interest rate hedging product ("IRHP") mis-selling claim brought by private persons under section 138D of the …
Court of Appeal finds no contractual duty to prevent counterparty from inflicting economic harm on itself
A recent Court of Appeal decision has found that a broker owed no contractual duty to prevent a "sophisticated and experienced" trader (trading as a …
O'Hare v Coutts: High Court dismisses mis-selling claim and clarifies standard of care required of financial advisors
Suresh Sivagnanam v Barclays Bank: High Court limits shareholders seeking a second bite of the cherry in IRHP mis-selling cases
Worthing v Lloyds: High Court finds no continuing contractual duty to correct investment advice
FCA past business reviews: what duties, if any, do financial institutions owe directly to customers? High Court finds no contractual obligations, but tortious duties are arguable
The recent and somewhat surprising decision of the High Court in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB) is important …
Appeal relating to alleged mis-selling of interest rate swaps dismissed: Green and Rowley v RBS
Green & Rowley v Royal Bank of Scotland plc [2013] EWCA Civ 1197 The Court of Appeal has handed down its decision …
Individual fails in large mis-selling claim concerning leveraged investments in structured notes
Basma Al Sulaiman v (i) Credit Suisse Securities (Europe) Limited; and (ii) Plurimi Capital LLP [2013] EWHC 400 (Comm) In a strongly worded …
Interest rate hedging product claims – the current landscape
1. The FSA review In 2012, the Financial Services Authority (FSA) announced the findings of its review into interest rate hedging products (IRHPs) …