LEXLAW Solicitors & Barristers
The FSA’s definition of sophistication for swaps mis-selling reviews is complex and has caused confusion. The original test deems a business sophisticated if it meets two of three criteria: turnover above £6.5m, balance sheet over £3.26m, or more than 50 employees. A new £10 million test modifies this excluding them from the FSA review.
The FSA’s pilot review of swaps mis-selling reveals over 90% of sales did not meet regulatory standards, highlighting inadequate risk explanation, undisclosed break costs, and over-hedging. Banks prioritised commissions over clients’ interests. The proposed review process raises concerns about reviewer independence and incomplete redress. Lexlaw advises court action before limitation periods expire.
Warren Buffett famously referred to derivatives as “financial weapons of mass destruction.” Lexlaw highlights the risks associated with derivatives and the importance of legal support for those affected by derivative mis-selling. If you have concerns about derivatives sold to you, contact Lexlaw for expert advice and assistance on protecting your interests.
The Financial Ombudsman Service (FOS) is preparing for an unprecedented workload in 2013/2014, driven mainly by 245,000 payment protection insurance (PPI) mis-selling cases. To handle this, FOS plans to increase staff significantly, including 1,000 new case workers and more ombudsmen. It will also raise individual case fees and increase the overall levy to support this expanded operation. Contact Lexlaw for advice on managing claims involving FOS processes and addressing complex financial disputes.
A Financial Ombudsman Service (FOS) decision does not prevent claimants from pursuing further court action for additional compensation beyond the FOS award. In Clark v In Focus, the High Court ruled that the Ombudsman’s ruling is not legally binding and does not merge causes of action. This is important for bank swaps mis-selling victims who accepted FOS awards but seek further claims. Contact Lexlaw for expert advice on continuing litigation beyond FOS resolutions.
This judgment shows the complexity and fact-sensitive nature of swap mis-selling claims. The claimants were found to be experienced businessmen dealing with a straightforward swap, unlike many cases where claimants are less sophisticated and products are more complex. Key points include the importance of early document disclosure and careful handling of limitation periods. Specialist legal advice is essential to assess and manage swap mis-selling claims effectively. Contact Lexlaw for expert guidance and representation.
Green & Rowley v Royal Bank of Scotland plc EWHC 3661 (QB) is a High Court case involving claims by John Green and Paul Rowley against RBS. The case deals with disputes related to financial transactions and banking practices. For detailed legal insights and advice regarding this case or similar banking disputes, contact Lexlaw Solicitors for expert guidance and representation.
LEXLAW’s M Ali Akram was featured on Sky News discussing the Comet Group Limited administration. He highlighted concerns over potential unfair outcomes in the liquidation process. As experts in insolvency law, Lexlaw offers professional guidance and representation for businesses and individuals affected by company administrations and liquidations. Contact Lexlaw for specialist insolvency advice.
Sky News interviewed our Insolvency Team’s senior partner on the Comet Group collapse into administration. The administrators’ proposals revealed that while secured creditors were set to recover only about a third of their debts, unsecured creditors—including HMRC, employees, and customers—would receive less than 1p in the pound.
Claims against solicitors for breach of trust are increasing following losses from property fraud in loan transactions. Recent Court of Appeal rulings confirm solicitors can be liable for parting with loan money before completion, even if acting reasonably and following protocols. However, relief from liability is possible if conduct is reasonable and not causatively linked to loss.