Tag: Derivatives

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Mis-selling of Unsuitable Financial Products: Credit Suisse Loses S138D FSMA Litigation Case

The High Court ruled in Abdullah v Credit Suisse that the bank mis-sold complex structured products to a conservative Kuwaiti family, breaching statutory duties under sections 138D and 150 of the Financial Services and Markets Act 2000. The court found Credit Suisse failed to assess the clients’ risk tolerance and provided misleading advice, resulting in a $30 million loss. Key defences by the bank, including claims of contributory negligence and financial suicide, were rejected. This landmark case clarifies banks’ obligations under FCA Conduct of Business rules on suitability and fair communication in sales of complex financial products, offering hope for mis-selling victims.

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The Lawyer: ‘Charity gains ground in RBS and NatWest mis-selling claim’

Our client, the charity Wenta has gained ground in its claim against NatWest/RBS over the mis-selling of a derivative (IRHP). Wenta alleges the banks breached contractual, tortious, statutory, and fiduciary duties, causing financial loss. The case involves disputes over suitability, disclosure, and a flawed and unfair review process by the banks. Disclosure battles have forced the banks to reveal key sales training manuals and review materials. Litigation continues with trial or secret settlement expected soon.

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Court of Appeal to consider permission to appeal in PAG v RBS

The Court of Appeal is set to consider whether to grant permission for Property Alliance Group Ltd (PAG) to appeal a High Court ruling that dismissed its claims against RBS. The case involves allegations of interest rate swap mis-selling, LIBOR manipulation, and mistreatment by RBS’s Global Restructuring Group (GRG). The High Court had found PAG to be a sophisticated client with financial expertise and ruled against claims based on lack of specific false statements and exclusion clauses. The appeal will test key issues in sales duties, advisory roles, and the impact of GRG’s conduct on businesses.

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The Times: Lawyers launch petition for financial mis-selling tribunal

LEXLAW has launched an online petition urging the government to establish a Financial Services Tribunal to resolve disputes over financial product mis-selling. The petition highlights the limitations of costly court processes, the inadequate Financial Ombudsman Service, and the FCA’s lack of dispute resolution powers. The tribunal would provide fairness, judicial scrutiny, and deter misconduct by major banks and financial institutions. The campaign follows parliamentary support for a commercial financial dispute resolution platform and aims to give customers better protection and access to justice

Petition: Establish a Financial Services Tribunal to resolve customer disputes.

Petition for establishing a Financial Services Tribunal to resolve complex disputes between banks and customers. Courts are costly, the Financial Ombudsman Service is limited to low-value claims, and the FCA lacks dispute resolution powers. The Tribunal would provide judicial scrutiny, fairness, and public censure, helping SMEs and consumers secure justice and deter misconduct in the financial services industry. Supporters can register their backing on the UK Government site.

Litigation Solicitors London

GRG WestRegister took 80% Equity in Bowlplex – Cost Owners £50m; while RBS Profited £9m

RBS’s Global Restructuring Group (GRG) has faced allegations of destroying small businesses. LexLaw has sued RBS on behalf of many businesses including Bowlplex, a family-owned bowling business, claiming excessive fees, increased interest rates, and forced equity transfer. Despite a viable business, Bowlplex was transferred to GRG and ultimately sold on by RBS for a £9m profit and a £50m loss for the owners.

Consumer Rights Act / Unfair terms / Contractual relationships / Expert Legal Advice / Litigation Lawyers / Barristers

Court of Appeal grant permission to appeal based on LIBOR and Negligent IRHP Review arguments

The Court of Appeal has allowed WW Property Investments Ltd to appeal against NatWest over mis-sold interest rate derivatives and the negligent conduct of the IRHP review. This landmark decision challenges banks’ redress offers and recognition of consequential losses, encouraging affected customers and SME victims to seek legal advice for potential claims. The ruling could impact limitation periods and existing non-advisory defenses employed by banks, with major implications for financial services litigation and previous IRHP Review outcomes.

rcj royal court justice lawyer london litigate cpr civil commercial financial litigation

High Court slams Dentons and RBS for “cavalier” attitude to disclosure

The High Court criticised Dentons and RBS for a “cavalier” attitude toward disclosure in litigation, specifically failing to comply with a court order to produce around 25 million relevant documents related to LIBOR misconduct allegations. Proper disclosure is vital to ensure fairness in litigation, but RBS has a history of inadequate disclosure, including being found to have deliberately withheld documents in previous cases. This pattern raises serious concerns about RBS’s litigation culture and compliance with court rules.

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The Sunday Times: Barclays sued for £4m by GPs for derivatives mis-selling

Our litigation against Barclays involved a claim for approximately £4 million relates to the mis-selling of derivatives, specifically interest rate swaps (IRHPs). The case addressed allegations that Barclays sold complex, high-risk products to clients without proper disclosure or adherence to regulatory requirements.

Primary Keywords: RBS Royal Bank of Scotland Interest rate hedging products (IRHPs) Financial derivatives Mis-selling Litigation Settlement Businesswoman Social care services London Secondary Keywords: Complex financial products Regulatory oversight Consumer protection Financial harm LEXLAW Solicitors & Barristers High Court IRHP review scheme Financial Conduct Authority (FCA) Break costs Derivative payments Long-Tail Keywords: RBS mis-sold derivatives to businesswoman Lloyds Bank financial derivatives lawsuit Social care provider sued RBS for mis-selling IRHP mis-selling scandal Lloyds Bank settlement over complex financial products Financial harm due to mis-sold derivatives Regulatory oversight of financial institutions Consumer protection in the UK LEXLAW Solicitors & Barristers legal case London-based businesswoman wins lawsuit against RBS

LEXLAW Case Study: RBS pay £1m to settle derivatives mis-selling claim with social care provider

RBS has agreed to a £1 million settlement with a businesswoman who accused the bank of mis-selling complex derivatives. The case highlights banks selling unsuitable financial products to businesses. RBS initially denied wrongdoing but eventually agreed to the settlement, which includes repayment of derivative payments, break costs, and suspended payments. The businesswoman’s business was negatively impacted by the mis-sold derivatives, and the case exposes flaws in the Financial Conduct Authority’s IRHP review scheme.